Regulations Governing Procurements for Scientific and Technological Research and Development Article 8

Personnel of the public school, public research institute (organization), or juristic person or entity connected with a scientific research procurement shall recuse themselves from the procurement and all related matters if they themselves, their spouses, or relatives within the second degree of kinship have interests involved therein.A responsible person, partner, or representative of the public school, public research institute (organization), or juristic person or entity performing the scientific research procurement may not serve as a responsible person, partner, or representative of the supplier, unless they are the representatives appointed or selected by the government entities or state-owned shareholders or retained by the government entities.The supplier and the juristic person or entity performing the scientific research procurement may not at the same time be affiliated with each other, or affiliated to the same other enterprise.When the enforcement of the requirements in the three preceding Paragraphs impairs the development of scientific and technological research, the innovation and application of the research and development result, fair competition or public interest, such requirements may be waived provided that the public school, public research institute (organization), or juristic person or entity has obtained the approval of the subsidizing, commissioning or competent agency.According to the preceding Paragraphs exempting the enforcement of the requirements in the first to the third Paragraphs, the public school, public research institute (organization), or juristic person or entity performing the scientific research procurement shall disclose the relationship between the person who shall be recused from the procurement and the supplier, and the reasons of the exemption.