Enforcement Rules of the Government Procurement Act Article 38

A procuring entity shall prescribe in the tender documentation that a supplier is prohibited from participating in tendering, being awarded or sub-contracting, or assisting tenderers in case that any of the following circumstances occurs to the supplier:1. where the supplier has provided planning or design services to the entity, and the procurement is resulted from such planning or design;2. where the tender documentation has been prepared by the supplier for the entity;3. where the supplier provides tender review service to the entity for the procurement;4. where the supplier knows, by fulfilling a contract with the entity, a certain information which is unknown to other suppliers or should be kept secret, and the supplier can benefit from winning the award by taking advantage of the information; and5. where the supplier is a project management service provider entrusted by the entity and the procurement is related thereto.Where there is no conflict of interest or concern of unfair competition, circumstances referred to in subparagraphs 1 and 2 of the preceding paragraph may not be applicable to the subsequent procurements after approval of the entity.