Enforcement Rules of the Government Procurement Act Article 42

Where an entity entrusts another entity that has the requisite professional capacity to conduct its procurement pursuant to Article 40 of the Act, it shall be conducted in accordance with the following principles:1. the superior entity of the procurement shall be the superior entity of the entrusting entity, except that the said superior entity may entrust its official duties to the superior entity of the entrusted entity;2. the comptroller (accounting) and other relevant units shall be the units of the entrusting entity, except that the entrusting entity may entrust similar units in the entrusted entity to perform the duties;3. the procuring entity shall be the entrusted entity, unless otherwise specified in the tender documentation;4. where the entrusting entity and the entrusted entity are at different levels of government, the level of the entrusting entity is to determine whether it is a procurement of the central government or local government; and5. the entrusting entity may entrust the entrusted entity to perform its official duties or conduct matters of responsibility.The preceding paragraph shall apply mutatis mutandis to a procurement conducted by a juridical person or organization which is entrusted by an entity pursuant to Article 5 of the Act.