Yes, Article 36 (1) and (2) of the GPL provide that an entity may prescribe basic and/or specific qualifications for tenderers based on actual needs. However, according to Article 37 of the GPL, the entity should not restrain competition unduly and must only prescribe the qualifications essential to contract performance when prescribing the qualifications.

A tender submitted by a supplier who does not meet the qualification requirements shall not be accepted.

No. However, according to Article 41 of the GPL, where a supplier has questions about the content of the tender documentation, including proposed revisions of the procurement contract, these questions shall be submitted in writing to the entity before the deadline set forth for this purpose in the tender documentation. The entity shall issue a written reply to the inquiring supplier before the deadline set forth for this purpose in the tender documentation, and may publish the reply if necessary. In a case where any amendment or supplement to the content of the tender documentation must be made as a result of these questions, the entity shall publish a notice concerning the amendment or supplement, or notify each supplier in writing.

Under Article 97 of the GPL, the competent entity, that is, the PCC, may take into account the requirements of the relevant laws and regulations to adopt measures that assist small and medium enterprises when contracting or subcontracting to the extent not less than a certain percentage of government procurement in value. The PPC further promulgated the Regulations Governing Assistance for Small and Medium Enterprises Participating in Government Procurement (Assistance Regulations) to enforce the spirit in the GPL.

According to the Assistance Regulations, the following measures can be taken to promote or to assist Small and Medium Enterprises:

• for a procurement value of less than NTD 1 million, small and medium enterprises shall be awarded in principle except for those small and medium enterprises that are incapable of carrying out the procurement in question, when their competitiveness is inadequate, or when their tendering prices are unreasonable or fall under other exception clauses stated by the GPL
• the competent authority shall , acting with the Ministry of Economic Affairs, publish the procurement value of each of the entities and the percentage to be contracted or subcontracted to the Small and Medium Enterprise.