Article 97 (Scope of Application, etc.)
The head or a contracting officer of a central government agency may execute a contract for the construction project for a facility through a tendering procedure for a technical proposal for working plans or for basic plans, if symbolic, commemorative, or artistic value is deemed necessary or a highly difficult technique is required for the construction project, in accordance with the provisions of this Chapter, but matters not expressly provided for in this Chapter shall be governed by the provisions of other Chapters of this Decree. <Amended by Presidential Decree No. 22282, Jul. 21, 2010>
1. and 2. Deleted. <by Presidential Decree No. 22282, Jul. 21, 2010>
Article 98 (Definitions)
The terms used in this Chapter shall be defined as follows: <Amended by Presidential Decree No. 22282, Jul.
21, 2010>
1. The term “technical proposal" means documents through which a tenderer proposes a plan for the reduction of construction cost, a plan for the reduction of the construction period, or a plan for the management of a construction project after reviewing design documents, etc. distributed by the authority awarding a contract;
2. The term "tendering procedure for a technical proposal for working plans“ means a tendering procedure in which a tenderer shall prepare a technical proposal under subparagraph 1 in accordance with the working plans and tender guide distributed by the authority awarding a contract and shall submit the proposal along with tender documents;
3. The term "tendering procedure for a technical proposal for basic plans“ means a tendering procedure in which a tenderer shall prepare a technical proposal under subparagraph 1 in accordance with the basic plans and tender guide distributed by the authority awarding a contract and shall submit the proposal along with tender documents.
Article 99 (Deliberation, etc. on Methods for Tendering in Tendering Procedure for Technical Proposal for Basic Plans or Working Plans)
(1) Where the head or a contracting officer of each central government agency intends to invite tenders for a technical proposal for detailed design or for a technical proposal for basic design (hereinafter referred to as “bidding for a technical proposal for detailed design, etc.”) with respect to a construction project provided for in Article 97, he/she shall go through deliberation on the following by the Central Construction Technology Deliberation Committee: <Amended by Presidential Decree No. 22282, Jul. 21, 2010;
Presidential Decree No. 27475, Sep. 2, 2016>
1. Matters concerning the method of bidding;
2. Matters concerning the method of determining a successful bidder under Article 102 (1);
3. Matters concerning the method of determining a person eligible for detailed design under Article 102 (2).
(2) When the head of a central government agency intends to undergo deliberation by the Central Construction Technology Deliberation Committee pursuant to paragraph (1), he/she shall submit a master plan for the execution of construction projects specified in Article 97, which shall be executed during and after the pertinent year, in the following order, but matters regarding the method for preparing a master plan for execution with regard to a tendering procedure for a technical proposal for working or basic plans, the timing to submit such master plan for execution, etc. shall be prescribed by Ordinance of the Ministry of Strategy and Finance: <Amended by Presidential Decree No. 20720, Feb. 29, 2008; Presidential Decree No.
22282, Jul. 21, 2010; Presidential Decree No. 24441, Mar. 23, 2013; Presidential Decree No. 25033, Dec. 30, 2013>
1. After basic plans are formulated, they shall be submitted for the construction projects which are to be awarded through a tendering procedure for a technical proposal for basic plans;
2. If it is determined not to award construction projects through a tendering procedure for a technical proposal for basic plans, working plans shall be prepared and submitted for construction projects which are to be awarded through a tendering procedure for a technical proposal for working plans.
(3) Article 80 (3) and (5) shall apply mutatis mutandis to a public announcement of tendering methods, etc.
Article 100 (Qualification for Participation in Tendering Procedure for Technical Proposal for Working or Basic Plans)
@Article 12 (1) shall apply mutatis mutandis to a tendering procedure for a technical proposal for working plans, and Article 84 (1) to a tendering procedure for a technical proposal for basic plans, respectively.
Article 101 Deleted. <by Presidential Decree No. 22282, Jul. 21, 2010>
Article 102 (Selection of Methods, etc. for Determining Successful Bidders in Tendering Procedures for Technical Proposal for Working or Basic Plans)
(1) In a tendering procedure for a technical proposal for detailed design, the head or a contracting officer of the competent central government agency shall determine a successful tenderer through a method deemed by the Central Construction Technology Deliberative Committee to be most suitable for the relevant construction project among the following methods, from among persons selected pursuant to Article 104, taking into consideration the purposes, characteristics, etc. of the relevant construction project. <Amended by Presidential Decree No. 22282, Jul. 21, 2010; Presidential Decree No. 27475, Sep. 2, 2016>
1. Methods of determining the lowest tenderer as a successful tenderer;
2. Methods of determining the person whose tender price adjusted by dividing the tender price by points for his/her technical proposal is the lowest or the person whose tender price adjusted by dividing points for his/her technical proposal by his/her tender price is the greatest as a successful tenderer;
3. Methods of determining the person whose points computed by adding a weight to points for his/her technical proposal and price points and aggregating the results respectively evaluated are the greatest as a successful tenderer.
(2) In a tendering procedure for a technical proposal for basic design, 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 to be most suitable for the relevant construction project among the following methods, from among persons selected as qualified for a technical proposal pursuant to Article 106 (1), taking into consideration the purposes, characteristics, etc.
of the relevant construction project. <Amended by Presidential Decree No. 22282, Jul. 21, 2010; Presidential
Decree No. 27475, Sep. 2, 2016>
1. Methods of determining the lowest tenderer as a person qualified for working plans;
2. Methods of determining the person whose tender price adjusted by dividing the tender price by points for his/her technical proposal is the lowest or the person whose tender price adjusted by dividing points for his/her technical proposal by his/her tender price is the greatest as a person qualified for working plans;
3. Methods of determining the person whose points computed by adding a weight to points for his/her technical proposal 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 selected pursuant to paragraph (1) or (2) for determining a successful tenderer or a person qualified for working plans in the public notice of a tender.
(4) The head of a central government agency shall determine the methods and weights for calculating points for a technical proposal and price points necessary for the method for determining a successful tenderer or a person qualified for working plans under paragraphs (1) or (2), the formula for adjusting technology and prices, and other necessary matters, so that persons intending to participate in a tendering procedure can inspect such information.
Article 103 (Tendering Procedures for Technical Proposal for Working Plans)
(1) In a tendering procedure for a technical proposal for working plans, the head or a contracting officer of the competent central government agency shall require tenderers to submit a technical proposal that includes the following contents: Provided, That, the details may be partially modified, if necessary in light of characteristics, etc. of a construction project: <Amended by Presidential Decree No. 22282, Jul. 21, 2010>
1. A plan for the reduction of construction cost by reviewing the efficiency in execution, etc.;
2. A plan for the improvement of the life cycle cost;
3. A plan for the reduction of the construction period;
4. A plan for the management of the construction project;
5. Calculation sheets in which the quantity and unit prices are clearly stated by reflecting the design documents distributed by the authority awarding the contract and the technical proposal submitted by each tenderer;
6. Other matters required in the public notice of a tender.
(2) The head of a central government agency shall determine detailed criteria for examination and evaluation of technical proposals submitted pursuant to paragraph (1) and shall make the criteria available for inspection to persons who intend to participate in tendering.
(3) Upon receipt of technical proposals under paragraph (1), the head or a contracting officer of a central government agency shall request the Central Construction Technology Deliberation Committee to examine whether the technical proposals are appropriate and evaluate points for such proposals, and the
Central Construction Technology Deliberation Committee shall examine the feasibility of technical proposals as requested and shall dispatch documents that clearly states the appropriateness of the technical proposals and the evaluated points to the head or a contracting officer of the competent central government agency.
(4) The head or a contracting officer of a central government agency may substitute the examination of technical proposals and the evaluation of points under paragraph (3) with the examination and the evaluation of points by the Technology Advisory Committee. <Amended by Presidential Decree No. 25358, May 22, 2014>
(5) If the Central Construction Technology Deliberation Committee or the Technology Advisory Committee discovers that the details of a technical proposal is insufficient or ambiguous, compared with the master plan, guidelines, or design documents for the relevant tendering procedure while it examines technical proposals pursuant to paragraphs (3) or (4), it may require the tenderer concerned to supplement the proposal. <Amended by Presidential Decree No. 25358, May 22, 2014>
Article 104 (Determination of Successful Tenderer in Tendering Procedure for Technical Proposal for Working Plans)
Upon receipt of the notice under Article 103 (3) in a tendering procedure for working plans, the head or a contracting officer of the competent central government agency shall select not more than six tenderers with the highest points for a technical proposal (or all tenderers notified as qualified, if the number of tenderers notified as qualified is less than six), from among tenderers, and shall determine a successful tenderer by applying the method for determining a successful tenderer selected under Article 102 (1):
Provided, That the number of persons selected as qualified for working plans under Article 103 (3) is not more than one person, the second public notice of the tender shall be given. <Amended by Presidential Decree No. 22282, Jul. 21, 2010>
Article 105 (Tendering Procedures for Technical Proposal for Basic Plans)
(1) In a tendering procedure for a technical proposal for basic plans, the head or a contracting officer of the competent central government agency shall require tenderers to submit a technical proposal that includes the following contents: Provided, That, the details may be partially modified, if necessary in light of characteristics, etc. of a construction project: <Amended by Presidential Decree No. 22282, Jul. 21, 2010>
1. A plan for the reduction of construction cost by reviewing the efficiency, etc. in execution;
2. A plan for the improvement of the life cycle cost;
3. A plan for the reduction of the construction period;
4. A plan for the management of the construction project;
5. Other matters required in the public notice of a tender.
(2) The head of a central government agency shall determine detailed criteria for examination and evaluation of technical proposals submitted pursuant to paragraph (1) and shall make the criteria available
for inspection to persons who intend to participate in tendering.
(3) The head or a contracting officer of a central government agency shall only require persons selected as qualified for working plans under Article 106 (1) to submit working plans and shall require to submit the following drawings and documents along with the working plans: <Amended by Presidential Decree No.
25358, May 22, 2014>
1. An explanatory note in detail regarding the working plans;
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;
4. Documents describing other matters for reference;
(4) In cases falling under any of the following, the head or a contracting officer of a central government agency shall request the Central Construction Technology Deliberation Committee to examine whether the technical proposal or detailed design is appropriate and evaluate points for such proposal or detailed design, and the Central Construction Technology Deliberation Committee shall examine the feasibility of technical proposals or detailed design as requested and shall dispatch documents that clearly states the appropriateness of the technical proposals or detailed design and the evaluated points to the head or a contracting officer of the competent central government agency. <Amended by Presidential Decree No. 27475, Sep. 2, 2016>
1. Where he/she has received the technical proposal pursuant to paragraph (1) or detailed design pursuant to paragraph (3);
2. Where only one bidder has submitted a bid as a result of a call for bids made again under Article 30 for a construction project solicited for technical proposal for basic design, in which case the head or the contracting officer of the central government agency has received a technical proposal or detailed design.
(5) The head or a contracting officer of a central government agency may substitute the examination of technical proposals or working plans and the evaluation of points under paragraph (4) with the examination and the evaluation of points by the Technology Advisory Committee. <Amended by Presidential Decree No. 25358, May 22, 2014>
(6) If the Central Construction Technology Deliberation Committee or the Technology Advisory Committee discovers that the details of drawings and documents attached to a technical proposal or working plans are insufficient or ambiguous, compared with the master plan, guidelines, or basic plans for the relevant tendering procedure (including a technical proposal, if working plans are examined) while it examines technical proposals or working plans pursuant to paragraphs (4) or (5), it may require the tenderer concerned to supplement the proposal or plans. <Amended by Presidential Decree No. 25358, May 22, 2014>
Article 106 (Selection of Successful Tenderer in Tendering Procedure for Technical Proposal for Basic Plans)
(1) Upon receipt of the notice under Article 105 (4) in a tendering procedure for a technical proposal 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 for a technical proposal (or all tenderers notified as qualified, if the number of tenderers notified as qualified is less than six), from among tenderers, and shall determine a person qualified for working plans by applying the method for determining a person qualified for working plans under Article 102 (2): Provided, That the number of persons qualified for a technical proposal under Article 105 (4) is not more than one, the second public notice of the tender shall be given.
<Amended by Presidential Decree No. 22282, Jul. 21, 2010>
(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 105 (4) or (5), 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. 25358, May 22, 2014>
(3) Article 87 (3) through (8) shall apply mutatis mutandis to the determination of a successful tenderer in a tendering procedure for a technical proposal for basic plans. <Amended by Presidential Decree No. 22282, Jul. 21, 2010>
Article 107 (Reimbursement of Cost for Preparation of Tender Requiring Technical Proposal)
(1) The head or any contracting officer of the competent central government agency may partially reimburse all or some of the following persons for cost for the preparation of their proposals within budgetary limits:
1. A person that has been selected, but fails to be determined as a successful tenderer under Article 104 or 106 (1);
2. A person that has participated in a tender requiring a technical proposal, 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 the reimbursement payment under paragraph (1) shall be determined by the Minister of Strategy and Finance.
Article 108 (Adjustment of Contract Price according to Design Modification)
Where the adjustment of a contract price is required according to design modification, Article 65 shall apply mutatis mutandis to the contract for a construction project through a tendering procedure for a technical proposal for working plans, and Article 91 to the contract for a construction project through a tendering procedure for a technical proposal for basic plans, respectively.
Article 109 (Evaluation)
(1) After completion of the final inspection on a construction project under this Chapter, the head or a contracting officer of a central government agency may organize an evaluation team and conduct an evaluation on the appropriateness of the method for awarding the construction project, work process, performance, effects, etc. of the construction project.
(2) Matters regarding the formation and operation of an evaluation team and other matters necessary for evaluation shall be determined by the head of each central government agency.