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法規名稱(Title) Regulations for Administration of the Third Generation Mobile Communications Business Ch
廢止日期(Abolished Date) 2020.02.17

  Chapter 2: Franchise for Operation

   Section 3: Bidding

Article 21
The issuance of the license of this business will be conducted by the way of open, simultaneous, ascending, and multi-round bidding methods. The bidding operation is executed according to the electronic bidding quotation methods through the internet of the authority. The bidding process shall be conducted in the way of separating each bidder.
Article 22
The authority shall prepare a bidding room in the bidding place for conducting the bidding process.
Each bidder can designate no more than six representatives into the bidding room. Two of them have had participated in the process orientation and sign the declaration.
The bidder’s representatives shall submit the letter of attorney before entering the bidding room. Before the finish of each round, the representative cannot leave the bidding room.
If the bidder’s representatives who sign the declaration regulated in Article 20 are less than two persons, the bidder will lose the qualification of bidding.
Without the permission of the authority, each bidder’s representative shall not carry any telecommunications facilities into the bidding room. If there is any violation, the facilities shall be compulsorily taken into custody.
Each bidder’s representative in the bidding room can contact the company only in the way designated by the authority.
Each bidder and the representative cannot participate in any conduct that will affect the fairness of the bidding process or that violates regulations after the authority announce the name list of the qualified bidders and before the final bidding starts.
If the bidder or the representative has any conduct that will affect the fairness of the bidding process or that violates regulations, the authority may notify for remedy in a time limit. If the remedy is not made in the time limit, the bidding qualification will be cancelled.
Article 23
The bidding shall start at nine o’clock in the morning and finish at five o’clock in the afternoon on each bidding date.
The allocation for the beginning and finish time of each round shall be announced by the authority thirty minutes before the time of starting bidding quotation in each round. The aforementioned time shall submit to the authority’s time.
Each first minimal bid price of the bidding target shall be the base price plus one percent. Each first maximum bid price of the bidding target shall be the base price plus seven percent.
The authority shall announce the first minimal bid price and the maximum bid price of each bidding target thirty minutes before each round starts.
Article 24
The bidder shall quote the price according to the following regulations:
1. The bidder can quote the price only once for each round.
2. The bidder can only choose one of the bidding targets for each price quotation.
3. The highest bidding quotation for each bidding target shall be the temporary winning bidder of the bidding target, and the bidding quotation shall be the temporary price of the winning bid. The temporary winning bidder of each bidding target in the end of each round shall not quote the price to any bidding target in the next round in the bidding process unless the winning bidder lose the qualification of the temporary winning bidder due to a higher bidding quotation submitted by other bidders.
4. Besides each first bidding price of the bidding target shall comply with Paragraph 3 in Article 23, each quotation price submitted by the bidder shall equate or be more than the temporary winning price plus one percent of that price and shall equate or be less than the temporary winning price plus seven percent of that price.
5. The unit of each quotation price submitted by the bidder shall be million New Taiwan dollars.
6. The bidder’s representative shall quote the bidding price in the way of electronic quotation method, shall print the quotation every time when the electronic quotation is finished, and shall sign on it to submit to the authority.
Article 25
If any of the following situations exists, the quotation shall be regarded as an ineffective one:
1. The non-temporary winning bidder does not quote the price in the time limit of each round.
2. The bidder’s quotation does not comply with Paragraph 1 to 5 in the preceding Article.
Article 26
The authority shall announce the temporary winning bidder and the temporary winning price for each bidding target immediately. Upon the finish of each round, the authority shall announce the temporary winning bidder and the temporary winning price, the bidder who submit ineffective quotation, its quotation price, and related facts.
Article 27
Except the first round, the bidder may waive the bidding right no more than three times in the bidding process. If the bidder temporarily waives the bidding right more than three times, the bidder’s bidding qualification will be cancelled.
Any of the following situations will be considered as a waiver:
1. The non-temporary winning bidder does not quote the price in each round.
2. The price of quotation in the round is regarded as the ineffective one through verification.
During the bidding process, except that the bidder temporarily wins the bidding, the bidder may withdraw from the bidding process in written form.
The authority may revoke the bidder's qualification if the bidder does not quote the price in the first round or the quotation price is ineffective.
Article 28
During the bidding process, if any force majeure occurs or the bidder commits any significant violation, or if any other situation that makes the bidding process inappropriate to continue, the authority shall announce the suspension of the bidding process and shall decide the follow-up arrangement depending on situations.
Article 29
The bidding process shall finish when all bidders entitled for quotation do not quote the price and they do not temporarily waive the right.
When the bidding process finishes, the winning price of each bidding target shall submit to the price quoted by the temporary winning bidder of each bidding target at that time then.
After the bidding process, the authority shall announce the name list of winning bidders and the winning bidding price of each bidding target.
Article 30
If any of the following situations happens to the applicant, the bid deposit shall be refunded without interest:
1. The bid deposit paid by the bidder who participates in the bidding but does not win the bidding shall be refunded within seven days from the next date when the authority announces the name list of the winning bidders.
2. The bid deposit paid by the winning bidder who participates in the bidding shall be refunded after the winning bidder pays the winning bidding price and the first install payment. The winning bidder may transform the paid bid deposit without interest into a part of the first install payment.
If any of the following situations happens to the applicant, the bid deposit will not be refunded. If the bid deposit is refunded, it shall be reclaimed:
1. After winning the price, the winning bidder does not pay the winning bidding price at one time or the first install payment, the remaining sum of the winning bidding price, and the guarantee for the interest according to the regulations.
2. During the bidding process, the bidder does not quote the price in the first round or the quotation is ineffective.
3. The bidder's qualification is revoked by the authority according to Paragraph 7 and 8 in Article 22.
Article 31
When the following disciplinary actions are taken to the case applied for operating the business, the person who receives the disciplinary action will not given opportunities to state opinions:
1. The reviewing fee and its interest are not refunded according to Paragraph 4 in Article 10.
2. The application is not accepted according to Article 13.
3. The application is not accepted, and the reviewing fee and/or the bid deposit (is)are not refunded according to Article 14.
4. The bidding's qualification or the qualification of the winning bidder is revoked or canceled according to Article 15.
5. The reviewing fee or the bid deposit is not refunded according to Paragraph 2 or 3 in Article 16.
6. The loss of the bidding qualification or the loss of the bidding according to the bidding operation in Section 3.
7. The bid deposit is not refunded according to Paragraph 2 in Article 30.