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CHAPTER X SUPPLEMENTARY PROVISIONS

Article 6 Omitted

Article 4 (Transitional Measure concerning Interest on Delay in Payments)

The payment of interest on delay in payments under a contract executed before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 59.

Article 5 (Transitional Measure concerning Execution of Contracts, etc.)

The tendering procedures, the determination of a successful tenderer, and the execution of a contract after this Decree enters into force according to the public notice of a tender given before this Decree enters into force and the contracts executed after this Decree enters into force with a successful tender determined in a tendering procedure conducted before this Decree enters into force shall be governed by the previous provisions.

was made on or before December 29, 2006. <Amended by Presidential Decree No. 21202, Dec. 31, 2008>

ADDENDA <Presidential Decree No. 19806, Dec. 29, 2006>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2007.

Articles 2 through 6 Omitted.

ADDENDA <Presidential Decree No. 20319, Oct. 10, 2007>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso to Article 14 (6) 3 and the proviso to Article 65 (1) shall enter into force on January 1, 2008.

Article 2 (Applicability to Restrictions on Qualification of Improper Businessmen for Participation in Tendering)

The amended provisions of Article 76 (1) 6 shall apply to cases where a cause arises to place restrictions after this Decree enters into force.

Article 3 (Applicability to Adjustment of Contract Price Following Design Modification in Contract for Large Construction Project)

The amended provisions of Article 91 (2) shall apply to cases where the contract price is adjusted after this Decree enters into force.

Article 4 (Transitional Measure concerning Change in Methods for Guaranteeing Performance of Contract)

The amended provisions of Article 50 (3) shall also apply to contracts executed before this Decree enters into force.

Article 5 (Transitional Measure concerning Execution of Contracts, etc.)

The tendering procedures, the determination of a successful tenderer, and the execution of a contract after this Decree enters into force according to the public notice of a tender given before this Decree enters into force and the contracts executed after this Decree enters into force with a successful tender determined in a tendering procedure conducted before this Decree enters into force shall be governed by the previous provisions.

ADDENDA <Presidential Decree No. 20323, Oct. 15, 2007>

Article 1 (Enforcement Date)

This Decree Shall enter into force on the date of its promulgation.

Articles 2 and 3 Omitted.

ADDENDA <Presidential Decree No. 20720, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 8 Omitted.

ADDENDA <Presidential Decree No. 20789, May, 21, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on May 26, 2008.

Articles 2 through 6 Omitted.

ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on February 4, 2009. (Proviso Omitted.) Articles 2 through 28 Omitted.

ADDENDA <Presidential Decree No. 21202, Dec. 31, 2008>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) Article 2 (Applicability to Adjustment of Contract Price Due to Change in Exchange Rate)

The amended provisions of Article 64 (7) shall also apply to any contract that is being performed as at the time this Decree enters into force, for which there are any factors for the adjustment of contract prices under Article 64 (1) before this Decree enters into force, as a result of the change in exchange rates.

Article 3 (Applicability to Restrictions on Qualification of Improper Businessmen for Participation in Tendering)

The amended provisions of Article 76 (10) shall apply to annual contracts executed after this Decree enters into force.

ADDENDA <Presidential Decree No. 21480, May 6, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on May 8, 2009.

Articles 2 and 3 Omitted.

ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on June 30, 2009. (Proviso Omitted.) Articles 2 through 4 Omitted.

ADDENDA <Presidential Decree No. 21578, Jun. 29, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Article 2 (Effective Period)

The amended provisions of Article 72 (3) 2 shall be effective until December 31, 2015: Provided, That the amended provisions of Article 72 (3) 2 shall apply to projects concerning which the public notice of a tender is given by not later than December 31, 2015 until such projects are completed. <Amended by Presidential Decree No. 25033, Dec. 30, 2013>

Article 3 (Applicability to Scope of Deposit for Cases subject to Payment of Tender Bond)

The amended provisions of Article 37 (2) shall apply to tender bonds paid on or after this Decree enters into force.

Article 4 (Applicability to Compulsory Regional Joint Contracts)

The amended provisions of Article 72 (3) shall apply to public notice of a tender given on or after this Decree enters into force.

Article 5 (Transitional Measure concerning Deadline for Payment of Price)

The cases where an invoice was delivered for the payment of a price pursuant to previous provisions before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 58 (1) and (4).

ADDENDA <Presidential Decree No. 21692, Aug. 18, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on August 23, 2009.

Articles 2 through 6 Omitted.

ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on August 23, 2009.

Articles 2 through 4 Omitted.

ADDENDA <Presidential Decree No. 21834, Nov. 20, 2009>

Article 1 (Enforcement Date)

This Decree shall enter into force on November 22, 2009.

Articles 2 and 3 Omitted.

ADDENDA <Presidential Decree No. 22282, Jul. 21, 2010>

Article 1 (Enforcement Date)

This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 7-2 (2) (limited to tendering procedures for a technical proposal for basic plans), 72 (3) 1, Articles 97 through 100, 102 through 106, and 108 shall enter into force on the date of its promulgation; the amended provisions of Article 52 (excluding paragraph (1) with the exception of its subparagraphs), and Article 9 (4) of the Addenda shall enter into force on January 1, 2011; and the amended provisions of Article 42 (4) shall enter into force on January 1, 2016. <Amended by Presidential Decree No. 23477, Dec. 31, 2011; Presidential Decree No. 25033, Dec. 30, 2013>

Article 2 (General Applicability)

This Decree shall apply to contracts of which the public notice of a tender is given on or after this Decree enters into force.

Article 3 (Applicability to Determination of Price Based on Quotation by One Person)

The amended provisions of Article 30 (1) 3 shall apply to contracts regarding which information is published through the E-Procurement System on or after this Decree enters into force.

Article 4 (Applicability to Additional Payment of Contract Bond)

The amended provisions of Article 75 (2) shall apply to cases where the amount of compensation for delay reaches an amount equivalent to the contract bond under Article 50 (1) on or after this Decree enters into force.

Article 5 (Applicability to Restrictions on Qualification of Improper Businessmen for Participation in Tendering)

The amended provisions of Article 76 (1) shall apply to a person that has a cause to place restrictions on or after this Decree enters into force.

Article 6 (Special Exceptions to Preparation of Calculation Sheets)

"30 billion won" prescribed in the amended provisions of Article 14 (7) 1 and 2 shall be construed as

"100 billion won" until December 31, 2010 and as "50 billion won" from January 1 to December 31, 2011.

Article 7 (Transitional Measures following Abolition of Negotiated Contracts with Corporations Established pursuant to Special Act)

(1) Notwithstanding the amended provisions of Article 26, the head or a contracting officer of a central government agency may execute a negotiated contract with a Saemaul factory under the previous Article 26 (1) 6 (d) or a corporation with whom he/she may execute a negotiated contract under subparagraph 8 (c) of the aforementioned paragraph (hereafter referred to as "Saemaul factory or corporation" in this Article), within the limit of the following amounts: <Amended by Presidential Decree No. 25033, Dec. 30, 2013>

1. From January 1, 2011 until December 31, 2013: The annual average amount of negotiated contracts executed by the head of the competent central government agency with the competent Saemaul factory or corporation from January 1, 2008 until December 31, 2010;

2. From January 1 until December 31, 2014: The amount equivalent to 80 percent of the annual average amount of negotiated contracts executed by a Saemaul factory or corporation with the head or a contracting officer of a central government agency, from January 1, 2008 until December 31, 2010;

3. From January 1 until December 31, 2015: The amount equivalent to 50 percent of the annual average amount of negotiated contracts executed by the Saemaul factory or a corporation with the head or a contracting officer of a central government agency, from January 1, 2008 until December 31, 2010.

(2) Notwithstanding paragraph (1), the head or a contracting officer of a central government agency may execute a negotiated contract pursuant to the previous provisions until December 31, 2015 with the Association of the Persons who Performed Special Military Missions for the Republic of Korea established pursuant to Article 54 of the Act on Assistance to Persons who Performed Special Military Missions and Establishment of Related Organizations, among corporations with whom he/she may execute a negotiated contract under Article 26 (1) 8 (c).

(3) Notwithstanding the amended provisions of Articles 26 (3) and (5) and 30 (1), the former Article 26 (2) and (4) and the proviso to Article 30 (1) shall apply where a corporation permitted to execute a negotiated contract pursuant to the former Article 26 (1) 8 (c) executes a negotiated contract pursuant to paragraphs (1) or (2).

(4) The head of the competent Ministry in charge of instructing and supervising a Saemaul factory or corporation shall supervise such factory or corporation to make sure that it complies with the limit of amounts of negotiated contracts under paragraph (1) 2 and 3 and shall adjust the amount, and he/she may request the head of each central government agency for cooperation necessary in the process. In such cases, the head of each central government agency shall comply with such request, except in extenuating circumstances. <Newly Inserted by Presidential Decree No. 25033, Dec. 30, 2013>

Article 8 (Transitional Measure concerning Negotiated Contract for Products Manufactured with Technology Newly Developed, etc.)

The amended provisions of Article 26 (1) 3 and (2) shall also apply to the goods certified or designated and governed by the former Article 26 (1) 6 (f) and 7 (i). In such cases, for the purpose of applying the amended provisions of Article 26 (2) to the goods certified or designated and governed by the former Article 26 (1) 6 (f) and 7 (i), the relevant period shall be counted from the date this Decree enters into force.