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CONTRACTS FOR LARGE CONSTRUCTION PROJECTS

Article 76-13 (Allowances)

Allowances may be paid to committee members and related experts that attend a meeting of the Committee within budgetary limits: Provided, That the foregoing shall not apply where a committee member that is a public official attends a meeting of the Committee in direct connection with an affair within the scope of his/her duties.

Article 77 Deleted. <by Presidential Decree No. 15614, Feb. 2, 1998>

CHAPTER VI CONTRACTS FOR LARGE CONSTRUCTION

4. The term “tendering procedure for alternatives” means a tendering procedure for a construction project for which a tender for an alternative under subparagraph 3 is permitted, at each tenderer’s will, separately in addition to a tender for the original design;

5. The term “tendering procedure for a turnkey project” means a tendering procedure under which a tenderer shall prepare design documents for the relevant project and other drawings and documents necessary for execution (hereinafter referred to as “drawings and documents”) in accordance with the master plan and guidelines presented by the Government for the construction project subject to the tendering procedure for a turnkey project and shall submit such drawings and documents along with tender documents when making a tender;

6. The term “tender for basic plans” means a tender made with basic plans and drawings and documents prepared in accordance with the basic plans, along with tender documents, according to the master plan and guidelines for a tendering procedure for a turnkey project, prior to working plans;

7. The term “tender guide” means documents containing a master plan, guidelines, etc. regarding the scope and scale of a construction project, standards for designing and construction, the management of quality and work progress, and other matters relating to tendering and performance of a contract, of which persons who intend to participate in tendering pursuant to subparagraphs 4 through 6 shall be well informed before participating in a tendering procedure for the relevant construction project;

8. The term “working plans” mean plans necessary for construction (including drawings and documents annexed to the plans), prepared in detail in accordance with a master plan, guidelines, and basic plans;

9. The term “large construction project with continuing expenditure” means a large project, the project cost of which is appropriated in the budget for continuing expenditure;

10. The term “general large construction project” means a large construction project, the project cost of which is not appropriated in the budget for continuing expenditure.

(2) If an objection is raised with regard to the scope and limits of a substitutable design in cases of paragraph (1) 3, the head of the competent central government agency shall determine the scope and limits through deliberation by the Central Construction Technology Deliberation Committee under Article 5 of the Construction Technology Promotion Act (including the Special Committee for Deliberation on Construction Technology; hereinafter referred to as the “Central Construction Technology Deliberation Committee”): Provided, That if the head of a central government agency (including the head of an agency affiliated to a central government agency; hereafter the same shall apply in this Chapter) has established and operates a Technology Advisory Committee, he/she may determine the scope and limits through deliberation by the Technology Advisory Committee. <Amended by Presidential Decree No. 15614, Feb. 2, 1998; Presidential Decree No. 19035, Sep. 8, 2005; Presidential Decree No. 19483, May 25, 2006; Presidential Decree No. 25358, May 22, 2014>

Article 80 (Deliberation, etc. on Tendering Methods for Large Construction Projects)

(1) In cases of large construction projects and specific construction projects (hereafter referred to as "large construction project, etc." in this Article), the head of each central government agency shall go through deliberation on the following by the Central Construction Technology Deliberation Committee: order to call for tenders for a large construction project or a specific construction project (hereafter referred to as

“large or specific construction project” in this Article), the head of a central government agency shall undergo deliberation by the Central Construction Technology Deliberation Committee on the tendering method: <Amended by Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 19483, May 25, 2006;

Presidential Decree No. 27475, Sep. 2, 2016>

1. Matters concerning the method of bidding;

2. Matters concerning the method of determining a person eligible for detailed design under Article 85-2 (1);

3. Matters concerning the method of determining a successful bidder under Article 85-2 (2).

(2) When the head of a central government agency intends to go through deliberation by the Central Construction Technology Deliberation Committee pursuant to paragraph (1), he/she shall submit the master plan for the execution of large construction projects, etc. to be executed from the pertinent year onwards in following order, but matters regarding the method for formulating a master plan for the execution of large construction projects, etc. and the timing for submission of such master plan shall be prescribed by Ordinance of the Ministry of Strategy and Finance. <Amended by Presidential Decree No.

20319, Oct. 10, 2007; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 24441, Mar. 23, 2013;

Presidential Decree No. 27475, Sep. 2, 2016>

1. A master plan for construction projects to be awarded through a tendering procedure for a turnkey project shall be formulated and submitted separately from a master plan for other construction projects before preparing basic plans;

2. With respect to construction projects on which a decision not to award through a tendering procedure for a turnkey project has been made, working plans shall be prepared and submitted for construction projects to be awarded through a tendering procedure for alternatives.

(3) When the Minister of Land, Infrastructure and Transport completely goes through deliberation by the Central Construction Technology Deliberation Committee on a master plan for the execution of large construction projects, etc. submitted pursuant to paragraph (2), he/she shall make a public announcement of large construction projects, etc. to be executed through the method of alternative bidding or bidding for a project on turnkey basis, and the method of determining a person eligible for the detailed design thereof or a successful bidder according to the results of deliberation. <Amended by Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No. 24441, Mar. 23, 2013;

Presidential Decree No. 27475, Sep. 2, 2016>

(4) Deleted. <by Presidential Decree No. 19483, May 25, 2006>

(5) The head of a central government agency shall call for tenders for large construction projects, etc. in accordance with the method of bidding, and the method of determining a person eligible for the detailed

design thereof or a successful bidder publicly announced pursuant to paragraph (3) unless there are exceptional circumstances. <Amended by Presidential Decree No. 19483, May 25, 2006; Presidential Decree No.

27475, Sep. 2, 2016>

Articles 81 through 83 Deleted. <by Presidential Decree No. 15186, Dec. 31, 1996>

Article 84 (Qualification for Participation in Tendering for Turnkey Projects, etc.)

(1) The head or a contracting officer of the competent central government agency shall only permit persons that meet all the following prerequisites to participate in a tendering procedure for a turnkey project or a tendering procedure for alternatives: Provided, That if persons that meet only either of the prerequisites under subparagraphs 1 and 2 join with one another to meet all the following prerequisites and intend to participate in a tendering procedure for a turnkey project or a tendering procedure for alternatives, the head or a contracting officer of the competent central government agency shall permit them to participate in the tendering procedure: <Amended by Presidential Decree No. 25358, May 22, 2014>

1. A person shall be the one registered as a construction business entity necessary for the execution of the relevant construction project pursuant to Article 9 of the Framework Act on the Construction Industry;

2. A person shall be the one reported as a business entity providing construction engineering services under Article 26 of the Construction Technology Promotion Act or a certified architect under Article 23 of the Certified Architects Act.

(2) In cases of a tendering procedure for alternatives, the head or a contracting officer of a central government agency shall permit a person that meets only the prerequisite prescribed in paragraph (1) 1 to participate in the tendering procedure, if the person makes a tender only for the original design without submitting an alternative.

Article 84-2 Deleted. <by Presidential Decree No. 22282, Jul. 21, 2010>

Article 85 (Tendering Procedures for Turnkey Projects, etc.)

(1) In cases of a tendering procedure for a turnkey project, tenders for basic plans shall be called for first, and then only persons selected as qualified for working plans under Article 87 (1) shall be permitted to submit working plans.

(2) Where a tenderer with an alternative intends to submit the alternative, along with a tender for the original design, he/she shall be required to submit the following drawing and documents with tender documents: Provided, That no person shall be permitted to submit two or more alternatives simultaneously: <Amended by Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 19035, Sep. 8, 2005; Presidential Decree No. 19483, May 25, 2006; Presidential Decree No. 25358, May 22, 2014>

1. An explanatory note in detail regarding the alternative design;

2. Relevant documents specified in Article 11 of the Enforcement Decree of the Construction Technology Promotion Act;

3. A calculation sheet that clearly states the unit price and quantity in a tender for the original design and in another tender for the alternative;

4. Documents that describe advantages of adopting the alternative and other matters for reference;

5. Deleted. <by Presidential Decree No. 19483, May 25, 2006>

(3) A tenderer for a turnkey project shall submit a tender for basic plans or a tender for working plans, along with the drawings and documents specified in either of the following subparagraphs: <Amended by Presidential Decree No. 19035, Sep. 8, 2005; Presidential Decree No. 25358, May 22, 2014>

1. For a tender for basic plans:

(a) An explanatory note regarding basic plans;

(b) Relevant documents specified in Article 11 of the Enforcement Decree of the Construction Technology Promotion Act;

(c) Other matters required in a public announcement;

2. For a tender for working plans:

(a) An explanatory note in detail regarding working plans;

(b) Relevant documents specified in Article 11 of the Enforcement Decree of the Construction Technology Promotion Act;

(c) A calculation sheet clearly stating the unit price and quantity;

(d) Documents describing other matters for reference.

(4) Deleted. <by Presidential Decree No. 16548, Sep. 9, 1999>

(5) In any of the following cases, the head or a contracting officer of each central government agency shall request the Central Construction Technology Deliberation Committee to deliberate the appropriateness of the relevant design and to evaluate design points. In such cases, the Central Construction Technology Deliberation Committee shall examine technical feasibility and notify the head or a contracting officer of the relevant central government agency of the design points, along with a document clearly stating whether the design is appropriate (excluding cases where a tender for the original design is concerned):

<Amended by Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 19483, May 25, 2006;

Presidential Decree No. 27475, Sep. 2, 2016>

1. A tendering procedure for alternatives, where a tender for the original design and an alternative selected as qualified for a successful tender under Article 86 (1) is submitted;

2. A tendering procedure for a turnkey project, where a tender for basic plans or a tender for working plans under paragraph (3) is submitted;

3. Where only one bidder participates in bidding as a result of invitation to tender made again under Article 20 for a project on turnkey basis, in which case a bid with a basic design or detailed design of the bidder is submitted.

(6) The head or a contracting officer of a central government agency may substitute the deliberation on a design under paragraph (5) with deliberation by the Technology Advisory Committee: Provided, That the foregoing shall not apply to cases where no Technology Advisory Committee has been established. <Newly Inserted by Presidential Decree No. 15186, Dec. 31, 1996; Presidential Decree No. 15614, Feb. 2, 1998; Presidential Decree No. 25358, May 22, 2014>

(7) If the Central Construction Technology Deliberation Committee or the Technology Advisory Committee finds, as a result of the deliberation of a design under paragraphs (5) or (6), that the details of drawings and documents attached to a tender for an alternative, a tender for basic plans, or a tender for working plans are insufficient or ambiguous, it may require the tenderer to supplement such drawings and documents. <Amended by Presidential Decree No. 15186, Dec. 31, 1996; Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 25358, May 22, 2014>

Article 85-2 (Selection of Persons Qualified for Working Plans in Tendering for Turnkey Projects or Methods for Determining Successful Tenderer)

(1) In the case of bidding for a project on turnkey basis, the head or a contracting officer of each central government agency shall determine a person eligible for detailed design through a method deemed by the Central Construction Technology Deliberative Committee most suitable for the relevant construction project among the following methods from among persons selected pursuant to Article 87 (1) in consideration of the purpose, characteristics, etc. of the relevant construction project: <Amended by Presidential Decree No. 22660, Feb. 9, 2011; Presidential Decree No. 27475, Sep. 2, 2016>

1. The method of determining a person whose design points (where a person under Article 84 (1) 2 makes an invalid bid pursuant to Article 39 (4), referring to points deducted as prescribed by the Minister of Strategy and Finance; hereafter the same shall apply in this Article) exceed the criteria standards prescribed by the head or a contracting officer of the competent central government agency within the extent prescribed by the Minister of Strategy and Finance and whose tender price is the lowest as a person qualified for working plans;

2. The method of determining a person whose tender price adjusted by dividing the tender price by design points is the lowest or the person whose design points adjusted by dividing the design points by his/her tender price are the greatest as a person qualified for working plans;

3. The method of determining a person whose points computed by adding a weight to design points and price points and aggregating the results respectively evaluated are the greatest as a person qualified for working plans;

4. The method of determining a person whose design points are the greatest as a person qualified for working plans, where the price of contract has been already fixed and a tenderer is required to submit only basic plans.

(2) In the case of alternative bidding, the head or a contracting officer of each central government agency shall determine a successful bidder through a method deemed by the Central Construction Technology

Deliberative Committee most suitable for the relevant construction project among the following methods from among persons who have submitted bids based on original bid documents and persons who have submitted bids based on alternative adopted pursuant to Article 86 (2) through (4) in consideration of the purpose, characteristics, etc. of the relevant construction project: <Amended by Presidential Decree No. 27475, Sep. 2, 2016>

1. The method of determining a person that tenders the lowest price as a successful tenderer;

2. The method of determining a person whose tender price adjusted by dividing the tender price by design points is the lowest or a person whose design points adjusted by dividing the design points by his/her tender price are the greatest as a person qualified for working plans;

3. The method of determining a person whose points computed by adding a weight to design points and price points and aggregating the results respectively evaluated are the greatest as a person qualified for working plans.

(3) The head or a contracting officer of a central government agency shall clearly state the method for determining a person qualified for working plans or a successful tenderer under paragraphs (1) or (2) in the public notice of a tender.

(4) Where a person qualified for working plans is determined under paragraph (1) 4 in a tendering procedure for a turnkey project, the person shall not be required to submit a tender when tenders for basic plans are called for, notwithstanding Article 79 (1) 5 and 6.

(5) The methods and weights for computing design points and price points necessary for a method for determining a person qualified for working plans or a successful tenderer under any subparagraph of paragraphs (1) and (2), the formulas for adjusting designs and prices, and other necessary matters shall be determined by the Minister of Strategy and Finance. <Amended by Presidential Decree No. 20720, Feb. 29, 2008>

Article 86 (Adoption of Alternatives in Tendering Procedure for Alternatives and Determination of Successful Tenderer)

(1) If a tender price for an alternative in a tender submitted pursuant to Article 85 (2) (including a tender price for an alternative after adjusted under paragraph (3) or (4)) meets all the following requirements, the head or a contracting officer of the competent central government agency shall determine the tender as qualified for a successful tender:

1. The tender price for an alternative is lower than the tender’s price for the original design;

2. The tender price for an alternative is not more than the budget price for the entire construction project, and the tender price for the alternative type of work is not more than the budget price for the alternative type of work.

(2) Upon receipt of the notice of whether alternative designs are appropriate and of design points of alternative designs under Article 85 (5) with regard to tender documents for alternative designs selected as qualified for a successful tender under paragraph (1), the head or a contracting officer of the competent

central government agency shall select not more than six alternatives with top design points (or all alternatives notified as qualified, if the number of alternatives notified as qualified is less than six), out of tender documents for the alternatives notified as qualified, and shall adopt an alternative with design points higher than the design points for the original design: Provided, That if the design points of an alternative for some types of work, among many alternative types of work, are lower than the design points of the original design, the alternative type of work for the relevant type of work shall not be adopted. <Amended by Presidential Decree No. 19782, Dec. 29, 2006; Presidential Decree No. 30078, Sep. 17, 2019>

(3) If any type of work is not adopted as an alternative under the proviso to paragraph (2), the head or a contracting officer of the competent central government agency shall wholly adjust the tender price of the alternative by substituting the tender price for the relevant type of work in the tender submitted by the tenderer of the alternative by the tender price for the relevant type of work in the calculation sheet submitted with the tender for the original design. <Amended by Presidential Decree No. 30078, Sep. 17, 2019>

(4) Where it is required to inevitably modify any part of a design for a type of work adopted due to a type of work not adopted as an alternative under the proviso to paragraph (2) after undergoing the adjustment under paragraph (3), the head or a contracting officer of the competent central government agency may modify the design accordingly: Provided, That the tender price for the modified type of work shall not be increased. <Amended by Presidential Decree No. 30078, Sep. 17, 2019>

(5) The head or a contracting officer of a central government agency shall determine a successful tenderer by applying a method chosen for determining the successful tenderer under Article 85-2 (2), from among tenderers for the original design and the persons that have submitted alternatives adopted under paragraphs (2) through (4). <Amended by Presidential Decree No. 20319, Oct. 10, 2007; Presidential Decree No. 30078, Sep.

17, 2019>

(6) If no person submits an alternative or if no tenderer is determined as a successful tenderer under paragraph (5), the head or a contracting officer of the competent central government agency shall determine a person that has submitted a tender with the lowest price for the original design, which shall be not more than the budget price, as the successful tenderer by either of the following methods: <Amended by Presidential Decree No. 26829, Dec. 31, 2015; Presidential Decree No. 29318, Dec. 4, 2018; Presidential Decree No.

30078, Sep. 17, 2019>

1. A construction project, the estimated price of which is not less than 10 billion won: the tender prices of each tenderer, capabilities of performing a construction project and social responsibility, etc. shall be comprehensively examined in accordance with Article 42 (4) to determine the successful tenderer;

2. A construction project other than those specified in subparagraph 1: The capabilities of performing the contract and the outcomes of job creation, etc. shall be examined in accordance with Article 42 (1) to determine the successful tenderer.

(7) The determination of a successful tenderer under paragraphs (1) through (6) shall be completed within 80 days from the tendering date, except in extenuating circumstances. <Amended by Presidential Decree No.

30078, Sep. 17, 2019>

(8) Where the head or a contracting officer of a central government agency intends to make an adjustment or modification under paragraph (3) or (4), he/she shall refer the case to the Central Construction Technology Deliberation Committee or the Technology Advisory Committee for deliberation. <Amended by Presidential Decree No. 25358, May 22, 2014>

Article 87 (Selection of Successful Tender in Tendering for Turnkey Project)

(1) Upon receipt of the notice under Article 85 (5) in a tendering procedure for basic plans, the head or a contracting officer of the competent central government agency shall select not more than six tenderers with the highest design points (or all tenderers notified as qualified, if the number of tenderers notified as qualified is less than six), from among tenderers, and shall determine the successful tenderer by applying the method for determining a person chosen as qualified for working plans under Article 85-2 (1):

Provided, That the number of persons qualified for basic plans under Article 85 (5) is not more than one person, the second public notice of the tender shall be given. <Amended by Presidential Decree No. 19483, May 25, 2006; Presidential Decree No. 19782, Dec. 29, 2006; Presidential Decree No. 20319, Oct. 10, 2007>

(2) Upon receipt of the notice of appropriateness of relevant working plans from the Central Construction Technology Deliberation Committee or the Technology Advisory Committee under Article 85 (5) or (6), the head or a contracting officer of a central government agency shall determine a person that submitted the working plans as a successful tenderer. <Amended by Presidential Decree No. 15186, Dec. 31, 1996;

Presidential Decree No. 25358, May 22, 2014>

(3) If the tender price of a tenderer determined as qualified for working plans under paragraph (1) for a large project by continuing expenditure exceeds the budget for continuing expenditure or if the tender price of such a tenderer for a general large project exceeds the budget for the entire construction project, the head or a contracting officer of the competent central government agency shall negotiate with the tenderer to adjust the price to budgetary limits and shall give the second public notice of the tender, if the parties fail to reach an agreement thereon. <Amended by Presidential Decree No. 16548, Sep. 9, 1999>

(4) The determination of a successful tenderer under paragraphs (1) and (2) shall be completed within 60 days from the date on which working plans are submitted, except in extenuating circumstances.

(5) If the head or a contracting officer of a central government agency deems it necessary due to the urgency of a construction project or any other extraordinary situation when he/she determines a successful tenderer under paragraph (2), he/she may require a person qualified for working plans under paragraph (1) to prepare working plans for each type of work according to the order of priority for the relevant construction project and may determine a person qualified for working plans as a successful tenderer and authorize the person to execute the construction project according to the order of priority, upon receipt of the notice of appropriateness of the relevant working plans from the Central Construction Technology Deliberation Committee or the Technology Advisory Committee. <Newly Inserted by Presidential Decree No.

16548, Sep. 9, 1999; Presidential Decree No. 25358, May 22, 2014>

(6) The head or a contracting officer of a central government agency shall require a person determined as a successful tenderer under the provisions of paragraph (5) to submit a calculation sheets for the entire construction project and for the construction project on which a notice of appropriateness of the relevant working plans has been given, before authorizing the person to execute the construction project, and shall execute a contract according to the calculation sheets. <Newly Inserted by Presidential Decree No. 16548, Sep.

9, 1999>

(7) Upon receipt of the notice of appropriateness of the final working plans for the entire construction project, the head or a contracting officer of a central government agency shall require a person that has executed a contract pursuant to paragraph (6) to prepare calculation sheets again and shall replace the calculation sheets previously prepared with the new calculation sheets. In such cases, the contract price previously agreed shall not be increased. <Newly Inserted by Presidential Decree No. 16548, Sep. 9, 1999;

Presidential Decree No. 17019, Dec. 27, 2000>

(8) Where the head or a contracting officer of a central government agency intends to determine a successful tenderer or execute a contract pursuant to paragraph (5) or (6), he/she shall clearly state the scope of works for which working plans shall be submitted first, the deadline for submission, matters regarding the preparation and submission of calculation sheets, etc. in the tender guide, etc. and shall ensure that persons intending to participate in the tendering procedure are informed thereof before making tenders. <Newly Inserted by Presidential Decree No. 16548, Sep. 9, 1999>

Article 88 Deleted. <by Presidential Decree No. 16548, Sep. 9, 1999>

Article 89 (Compensation for Design Cost)

(1) The head or any contracting officer of a central government agency may partially reimburse all or some of the following persons for design cost within budgetary limits: <Amended by Presidential Decree No.

16548, Sep. 9, 1999; Presidential Decree No. 23477, Dec. 31, 2011; Presidential Decree No. 25679, Nov. 4, 2014>

1. A person that has been selected, but fails to be determined as a successful tenderer under Article 86 (2) or 87;

2. A person that has participated in a tendering procedure for alternatives or for a turnkey project, which is revoked due to a cause for which the authority awarding the contract is liable.

(2) Necessary matters concerning the criteria, procedures, etc. for reimbursement for the design cost under paragraph (1) shall be determined by the Minister of Strategy and Finance. <Amended by Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 20720, Feb. 29, 2008>

Article 90 Deleted. <by Presidential Decree No. 19483, May 25, 2006>

Article 91 (Restriction on Adjustment of Contract Price Following Design Modification)

(1) Even where a contract for a large construction project is to be amended due to design modification for a tendering procedure for alternatives or for a turnkey project, no contract price may be increased, except where the cause of such modification is a fault attributable to the Government, a natural disaster, or any force majeure event. <Amended by Presidential Decree No. 15186, Dec. 31, 1996; Presidential Decree No. 16548, Sep. 9, 1999>

(2) If working plans are modified in a tendering procedure for a turnkey project due to any of the following causes not attributable to a person qualified for the working plans before executing a contract therefor, the head or a contracting officer of the competent central government agency shall adjust the contract price according to the design modification immediately after executing the contract. <Newly Inserted by Presidential Decree No. 20319, Oct. 10, 2007; Presidential Decree No. 25358, May 22, 2014>

1. Where it is necessary to modify working plans in connection with a civil complaint, an environmental impact assessment, a traffic impact assessment, or conditions of authorization or permission under a relevant statute;

2. Where the authority awarding the relevant contract requires to make a modification in connection with matters not stated or reflected in the master plan, tender guide, or basic plans presented by the authority awarding the contract;

3. Where the Central Construction Technology Deliberation Committee or the Technology Advisory Committee requires to make a modification in the course of deliberation on working plans.

(3) When it is intended to adjust a contract price in cases of paragraphs (1) or (2), such adjustment shall be made in accordance with the following criteria: <Amended by Presidential Decree No. 15614, Feb. 2, 1998;

Presidential Decree No. 16548, Sep. 9, 1999; Presidential Decree No. 19035, Sep. 8, 2005; Presidential Decree No.

20319, Oct. 10, 2007>

1. The unit price for the decreased quantity of construction works: The unit price on the calculation sheets submitted pursuant to Article 85 (2) or (3);

2. The unit price for the increased quantity of construction works: The unit price determined by agreement between parties to the contract within the maximum of the unit price calculated as at the time of design modification and the unit price on the calculation sheets under subparagraph 1: Provided, That if parties to the contract fail to reach an agreement, 50/100 of the aggregate of the unit price calculated as at the time of design modification and the unit price on the calculation sheets under subparagraph 1 shall be determined as the applicable unit price;

3. The unit price for a new expense item for which no unit price is specified in the calculation sheets under the provisions of subparagraph 1: The unit price calculated as at the time of design modification.

Article 91-2 Deleted. <by Presidential Decree No. 19483, May 25, 2006>

Article 92 (Evaluation)