Regulations for Requisition of Purchase & Procurement at I-Shou University Approved by the University Office Council of the Office of General Affairs on May 21, 2002. Enforced after being approved and promulgated by the President on May 28, 2002. Article 1 To manage the affairs of requesting for purchase or procurement more effectively, the Regulations for Requisition of Purchase & Procurement at I-Shou University (hereinafter referred to as the Regulations) are hereby made. Article 2 The Regulations are made according to the actual situations of the University, and the School Accounting System Standards issued by the Ministry of Education, and the Handbook of Administrative Affairs Management and the Government Procurement Act issued by Executive Yuan, Taiwan, R.O.C. Article 3 The University is subsidized by the government agencies according to the Article 4 of the Government Procurement Act. Article 4 The duties and responsibilities for the operation of requesting for purchase and procurement are divided as below: 1. The duties and responsibilities for the operation of requesting for purchase and procurement are listed as below: (1) Application unit: Requesting to purchase. (2) Property Management Section: Countersigning the requisitions for procurement. (3) Office of Accounting: Reviewing the budgets. (4) Dean of general affairs: Countersigning and approving the requisitions for procurement. (5) 2. President: Approving the requisitions for procurement. The duties and responsibilities for the operation of purchase & procurement are listed as below: (1) Property Management Section: Conducting the procurements. 1 (2) Dean of general affairs: Approving the procurement cases which value is below NTD$50,000. (3) Procurement team: Evaluating the procurement cases which value is NTD$10,000 or above. The dean of general affairs shall convene a procurement team, which is comprised of the sections chiefs of the Office of Secretariat, Office of Accounting, General Affairs Section and the Property Management Section. The procurement cases shall be reported to the President for approval after the team reviews the procurement cases and compares the prices. (4) President: Approving the procurement cases which value is NTD$50,000~NTD$100,000; or approving the cases which value is higher than NTD$100,000 after the procurement team compares the prices. Article 5 Procedures: 1. Requisition for purchases & procurements: (1) All of the units shall request to purchase according to the details and amount of money of budgets. All of the procurement cases shall not be conducted by the units without permission according to the procedures of procurement. (2) All of the units shall request for procurement according to the procedures set as following: A. Requisition units: Undertaker of each requisition unit shall record the detailed information of goods, such as items, specifications, types (including the samples and patterns), units, amount, resources of budgets, serial number of plans, and purposes on the Application Form for Purchase, and send the form to the section chiefs and first-level directors for approval. B. General Affairs Section: Assigning the undertakers for procurement in advance. C. Dean of general Affairs: Countersigning and approving the procurement cases. D. Office of Accounting: Reviewing the budgets and stating the detailed information about the budgets clearly. After signing and 2 expressing the opinions, the procurement cases shall be sent to the President for approval. E. President: Integrating the comments of requesting units and processing units (e.g. the Office of General Affairs and the Office of Accounting) as the basis to determine whether the requisitions for procurement shall be approved or not. The procurement cases shall be conducted after they are approved by the President. However, the requisitions for procurement may be turned down if the President disapproves. (3) Requisition units shall follow the regulations listed as below when filling out the Application Form for Purchase: A. Please write down the items, specifications, types (including the samples and patterns), units, amount, resources of budgets, serial number of plans, purposes of goods, date of requisition, and date for use in Chinese as possible as you can. B. If the detailed information of specifications can not be recorded, the samples, patterns or instructions shall be offered for preventing from buying the wrong products. C. To inquire the prices more conveniently, the requesting units shall provide more information about the suppliers. (4) The goods listed as below shall be purchased without following the procedures in the Regulations. Consigning the Office of General Affairs to buy is permissible if it is necessary. A. Any goods which price is below the standards regulated by the units which subsidize the plans or projects of the University. B. Supplies for a ceremony or funeral: For example, wreathes, flower baskets, invitations of wedding ceremony, blankets, gift coupons and gifts, etc. C. Supplies for greeting: For instance, drinks, fruits, cigarette and tea snacks, etc. D. Supplies for worship. E. Stationery, books, newspapers, or stamps, etc. 3 F. Typewriting & photocopy of documents, carving of name seals, and copy of keys. G. Other supplies which are approved. 2. Purchase or Procurement Cases: (1) Purchasers shall not purchase anything without permission according to the procedures of purchase & procurement. (2) Procurement units shall follow the regulations set as below when conducting a procurement case: A. Purchasers shall keep the principle of fairness to purchase the suppliers in good quality and proper amount with reasonable prices on proper time B. Purchasers shall choose the products carefully that the quality and functions of products shall be the most important things when purchasing a product. Purchasers shall not buy the products with poor quality just because the price is cheaper. C. Purchasers shall buy the goods in accordance with the information on the approved Application Form for Purchase. Postponing without proper reasons is not permissible. Meanwhile, the purchasers shall notice whether the information, such as types, specifications and amount of products are complied with the ones on the Application Form or not. D. Purchasers shall investigate the credit of companies in the past to avoid the situations that they may breach the contracts. E. Goods shall be delivered according to the agreements or contracts. F. Purchasers shall ask the suppliers to deliver the goods on time. (3) Procurement units shall inquire and compare the prices according to the regulations listed as below: A. Purchasers shall inquire more than one company about the prices of products if the value of procurement case is NTD$10,000 or below. Quotation is required when inquiring or comparing the prices. B. Purchasers shall inquire more than two companies about the prices of products if the value of procurement case is between 4 NTD$10,000 to NTD$30,000. Quotation is required when inquiring or comparing the prices. C. Purchasers shall inquire more than three companies about the prices of products if the value of procurement case is more than NTD$30,000. Quotation is required when inquiring or comparing the prices. D. Inviting bids, opening tenders, comparing the prices, negotiating, awarding bids, and examining upon completion shall be governed under the provisions of the Government Purchase Act when the budgets of procurement cases are supported by the public sectors, which amount of subsidy is not less than half of value of the procurement case, but reaches the threshold for publication (NTD$1,000,000). E. The goods which are made in special specifications or sold by exclusive agencies shall be purchased thru special applications. Article 6 Detailed information of procurement cases: 1. Approval authority of procurement cases: (1) Procurement cases shall be approved by the dean of general affairs when the value of procurement case is below NTD$50,000. The cases shall be sent to the procurement team for review if it is necessary. (2) Procurement cases shall be reported to the President for approval when the value of procurement case is above NTD$50,000. The cases shall be sent to the procurement team for review if it is necessary. (3) If the value of procurement case is above NTD$100,000, the requisitions for procurement shall be reported to the President for approval after they are reviewed by the procurement team. (4) President may assign the Office of Accounting to negotiate the prices with the purchasers depending on the practical needs of procurement cases. 2. Procurement units shall enter into a contract before conducting a procurement case. As to the content of the contracts, please follow the regulations listed as below: 5 (1) The simple Agreement of Order is required when the tender awarding value is below NTD$100,000. Purchasers may sign the general contracts depending on their practical needs (e.g. the requisitions for maintaining or repairing the machines or equipments each year). (2) The general contract is required when tender awarding value is above NTD$100,000. 3. Procurement units shall follow the regulations when ordering products: (1) After the requisitions for procurement are approved, the University shall make the contracts and certificates of delivery, which shall be signed and sealed by the University and companies, as the basis for fulfilling the conditions of the contracts or agreements. (二)合約成立時,必要時得要求供應商繳交履約保證金(金額由雙方 另行約定),以擔保合約之履行,除供應商不能履行合約之各項 條款時,於合約約定期滿一個月後退還供應商。 (2) To make sure the contracts can be fulfilled, the University shall ask the suppliers to submit the guarantee money when signing the contracts if it is necessary (the amount of guarantee money shall be determined after it is negotiated by the two parties). The guarantee money shall be returned to the suppliers within one month after the contracts are expired unless the suppliers breach any conditions in the contracts. 4. The information listed as below must be stated clearly in the contracts: (1) Items, amount and units. (2) Specifications, quality, functions or range of allowable error. (3) Unit prices, amount of money and clauses of supplementary contracts. (4) Guarantees (e.g. guarantee money for fulfilling the contracts and warranty period). (5) Deadlines and places for delivering the goods. (6) All of the expenses arisen from the business transaction (e.g. the fees for unloading and inspecting the goods). (7) Punishments: Any parties who have not followed the regulations or delivered the goods before time limit shall be punished according to the contracts. 6 (8) 5. Other essential conditions. A claim for compensation due to unfulfilled contracts shall be reported to the President after the procurement units review and express their opinions. 6. The Regulations which adopted by the Preparatory Office Council of the Office of General Office shall come into effect after they are approved and promulgated by the President. Amendments must be also undergo the same procedures. Note: In the event of any disputes or misunderstanding as to the interpretation of the language or terms of this Regulations, the Chinese language version shall prevail. 7