Enforcement Rules of the Government Procurement Act Article 11

The term "monitor" referred to in paragraph 1 of Articles 12 of the Act means that the proceedings of tender opening, price competition under limited tendering, price negotiation under single tendering, contract awarding, and inspection and acceptance conducted by an entity shall be watched over in person or reviewed in writing by the procurement supervision personnel to see whether there are any irregularities against the Act. The prior approval from the head of the procuring entity or the personnel authorized by the head is required when the procurement supervision personnel choose to review the proceedings in writing.The monitoring referred to in the preceding paragraph does not include the review of substantive or technical matters involving the qualifications of tenderers, specifications, commercial terms, setting of government estimates, conditions of contract award, methods of inspection, etc. However, procurement supervision personnel may propose their opinions when finding any of the foregoing matters is in breach of laws and regulations.Where the chairperson or chief inspector of the procurement rejects the opinions proposed by a procurement supervision personnel for a procurement inconsistent with the proceeding requirements of the Act, the opinions proposed by procurement supervision personnel shall be recorded and reported to the head of the procuring entity or the personnel authorized by the head for decision. In the event that the opinions proposed by the procurement supervision personnel from superior entity are rejected, the rejection of such opinions shall be reported to the superior entity for approval.