Public Construction Commission Exceutive Yuan

Complaint Mechanism

1. Complaint cases are reviewed to determine whether bid tendering agencies have violated laws related to government procurement during the bid tendering, bid screening, or bid awarding processes, or in notifying a company of the cancellation of bidding rights.
2. If a company feels that the tendering agency for a bid with an announced value of NT$1 million or more has violated the law in its handling of the procurement case, it may submit a written objection to the tendering agency within the legally stipulated time limit. If the company does not accept the results of the tendering agency's handling of the objection, or if the tendering agency fails to handle the objection within the legally prescribed time limit of 15 days, the company may, within the following 15 days, file a complaint with the Complaint Review Board for Government Procurement.
3. If a company feels that the notification of cancellation of rights by a tendering agency violates the stipulations of Paragraph 1 of Article 101 of the Government Procurement Law, it may file a written objection with the tendering agency within the legally stipulated time limit; whether or not the case exceeds the announced amount, if the company does not accept the tendering agency's handling of the objection, or if the tendering agency fails to handle the objection within the legally stipulated time limit of 15 days, then the company may, within the following 15 days, file a complaint with the Complaint Review Board.
4. The results of a complaint review must be codified into a review judgment, which is viewed as an appeal decision. If a company does not accept a review decision regarding its complaint, it may file an administrative appeal with the Superior Court of Administrative Appeal.
5. The Complaint Review Board provides a channel for the filing of complaints by companies participating in government procurement. Because the Board produces judgments about whether the bidding document rules for tendering agencies, bid-tendering procedures, and awarding of bids are legal, the tendering, screening, and awarding of bids have become more fair and rigorous, and a just, fair, and open bid-tendering environment has been maintained while the efficiency of government procurement has also been taken into consideration. This is in conformity with Taiwan's policy goal of signing the Government Procurement Agreement following its accession to the World Trade Organization.