Chapter 2: Operation Concession
Section 4: Bidding Operation
The NCC will announce qualified bidders as defined in Article 10 upon the completion of the qualification review in accordance with the above section.
The operation of bidding will be handled by the NCC.
The NCC will announce the date and location for conducting the bidding seven days before the bidding date.
To carry out the bidding process, the NCC shall prepare bidding rooms in the bidding location.
Unless otherwise agreed by the NCC, the representatives of each bidder shall not take any telecommunications equipment into the bidding room. While in the bidding room, the representatives of each bidder can only contact their companies by the method designated by the NCC.
After the qualified bidders are announced by the NCC and before the final award, no bidders or representatives thereof may take any action in any manner with any other bidders or their representatives that may affect the fairness of the bidding process or, violate the law. Violators shall be deemed as disqualified in the bidding.
If any action taken by a bidder and its representatives that may affect the fairness of bidding process or violate the law, the NCC shall request the violator to remedy the violation within a specific period of time; failure to such remedy shall be disqualified.
The bidder and a maximum of three of its authorized representatives as mentioned in Paragraph 2 are allowed to enter the bidding room only when a power of attorney and related documents are presented; the bidder or its authorized representative may only leave the bidding room during the announced recess time or if prior approval is given by the NCC. The bidder shall service the delivery of the list of representatives three days prior to the date of bidding.
The NCC may announce suspension of the bidding operation in case of force majeure or major violations committed by the bidder or any other situation that prevents the bidding operation from proceeding .The NCC shall determine the responding actions at its discretion.
Upon the end of the bidding process, the winning multipliers of each bidding subject shall be the temporary winning bidder’s stated quotation for the bidding subject.
After the end of the bidding process, the list of winning bidders and their multipliers of each bidding subject shall be announced by the NCC.
In the following circumstances the bid bond already paid shall be refunded without interest:
1. The applicant participates in the bidding, but does not win the bid. The bid deposit will be refunded without interest within seven days from the day following the day the NCC announces the winning bidder list.
2. The applicant participates in the bidding and wins the bid, and has paid the performance bond according to regulations. However, the full amount of bid bond remitted by the winning bidder may be converted as a part of performance bond without any interest.
The bid bond remitted by an applicant will not be refunded in any of the followings circumstances: the refunded bid bond will be reclaimed:
1. Any failure to remit performance bond or the minimum advancement bond of charter fee according to regulations
2. Disqualification as stated in Paragraph 3 of Article 26
An applicant shall not file a complaint immediately pertaining to the decision or action that the NCC made in the following circumstances:
1. Refusal to refund the reviewing fee and its interest as provided in Paragraph 4 of Article 17.
2. Rejection of the application as described in Article 19.
3. Refusal to refund the reviewing fee and bid bond and rejection of application as described in Article 20.
4. Disqualification or revocation or annulment of award of bid as described in Article 21.
5. Refusal to refund the reviewing fee bid bond and rejection of application as described in Paragraph 2 or 3 of Article 22.
6. Refusal to refund bid bond as described in Paragraph 2 of Article 29.
7. Disqualification or not winning the bid as described in the bidding operation regulations in this Section.