Taiwan Academy,
Taipei Economic and Cultural Office in Los Angeles
Property Rental Procurement Plan
1. Case Name: Procurement of Office Property Lease for Taiwan Academy, Taipei Economic and Cultural Office in Los Angeles
2. Case Number: LAX10210a
3. Legal Basis:
Article 22, Paragraph 1, Subparagraph 11 and Article 106 of the Government Procurement Act
4. Designated Area for Rental Properties and Reasoning and Necessity for Same
(A) Permitted Location: Properties under consideration for lease must be within the area surrounding the University of California, Los Angeles (“UCLA”), possess the potential to develop Taiwan’s artistic and cultural network, have the ability to hold certain exhibitions and performances.
(B) Reasoning and Necessity: The property must be able to highlight Taiwan’s cultural landscape, be beneficial to expanding Taiwan’s arts and cultural network, and be in a convenient locations for citizens who wish to participate in any Taiwan Academy events. Therefore, the area designated above has been submitted to higher authorities and approved as the priority area for lease.
5. Requirements and Budget for Properties
(A) Properties must satisfy the following conditions to be bid on for rentals:
i. Floor Area: A detached (stand-alone) property should have at least 3,000 square feet (80 ping) of floor space according to its title deed.
An attached property should ideally have only one floor/level and no more than two. Its total floor area should be at least 3,000 sq ft (80 ping), and be independently accessible.
ii. Uses: The leased property shall be used for organizing and holding cultural activities (including, but not limited to, small-scale exhibitions and performances, lectures, fairs, audiovisual rooms, and corporate offices), and the local government’s planning and zoning code must permit such uses.
In the event the local government denies Taiwan Academy the right to use the leased property for said purposes, Taiwan Academy may terminate the lease without any further obligation to pay rent, and shall be entitled to a full refund of any deposit paid to the landlord.
iii. Cost: The total cost of the lease, including 5-years rent and related expenses should not exceed USD $1,293,000.00.
iv. Transportation: The property must be easily accessible and within walking distance of a public parking lot or parking tower.
v. The area that the property is located in must be conducive to artistic development, possess a cultural atmosphere, and have enough space to hold certain exhibitions and performances.
vi. The lease contract must stipulate that the contract must receive the approval of the U.S. Department of State before it becomes effective.
vii. If the property is part of an office building, the Taiwan Academy must be permitted to keep its space open and accessible on weekends and holidays.
6. Documents that must be provided by landlords of prospective properties before bidding
(A) Property floor plan and photographs of both the interior and exterior. The property’s total surface area, location, and address number, the legally usable surface area and total surface area for each floor, and the legal uses for the property according to zoning regulations should be identified;
(B) evidence of ownership of the property (e.g., deed of trust, title report, etc.);
(C) history of improvements to property by landlord;
(D) Photocopies of certification proving property passed inspection by competent authorities (e.g., fire and earthquake safety inspectors, etc.);
(E) Permitted uses for the property according to the government’s planning and zoning code;
(F) Price quotation (with detailed breakdown of fees/costs);
(G) A written declaration of consent that the lease agreement shall only become effective upon approval by the U.S. Department of State; and
(H) Performance of previous real estate dealings by the property’s agent and/or representative.
7. Bid Evaluation and Selection Criteria
(A) Bid Evaluation
Properties which satisfy the above criteria will receive on-site evaluations by each member of the government agency’s selection committee individually and subsequently be re-inspected.
(B) Evaluation Criteria and Weighted Value
i. Cost: 20 points.
ii. Usable Surface Area: 20 points.
iii. Location and Convenience for Transportation (including proximity to bus stops, ease of driving and parking, and conduciveness to artistic and cultural development): 20 points.
iv. Building Structure (e.g., Does it fit the image of a cultural center?; Is the property independently accessible?; Will it require new construction or demolition?; Is it suitable for decoration or other improvements?, etc.): 10 points.
v. Floor Plan and Space Usage (e.g., capability of hosting diverse range of activities, square-shaped rooms, and ease of movement between and through rooms, etc.): 10 points.
vi. Age and Safety: 10 points.
vii. Previous Dealings of Real Estate Agent (i.e., as evidence of the quality of the management, does the agent for the property have a history of offering excellent properties?) 10 points.
(C) Minimum Score for Acceptability
The evaluation scores of the committee members will be averaged. Only properties with an average composite score of 75 points or above will be eligible for selection.
(D) Evaluation and Selection Standards: The government agency’s selection committee will be responsible. The properties will be ranked by scored in order to determine best property to lease.
i. After each agency member evaluates each property based on the above criteria and assigns it a score of 0-100, only those properties which earn an average composite score of 75 points or above from the committee as a whole shall be considered.
ii. Each committee member should then rank the properties which qualify for consideration numerically from highest to lowest based on his or her own composite evaluation score for each of those properties. (i.e., His or her highest-scoring property should receive a ranking of 1, his or her next-highest a ranking of 2, etc.)
iii. The property with the best average ranking among the committee members (i.e. the property whose average ranking is closest to 1.0) shall then be selected as the most suitable property so long as it wins the approval of a majority of the committee members in attendance for the vote. The second- and third-most suitable properties shall then be decided on the basis of average ranking.
iv. If two or more properties receive the same average ranking, these properties shall be re-ranked among themselves in reverse order of listed price, with the least expensive property garnering the best ranking. If the properties’ listed prices are the same, the properties shall be re-ranked among themselves in order of which received a first-place ranking from the most committee members. If each received the same number of first-place rankings, the property rankings shall be determined through a lottery.
v. If only one property receives an average composite score of 75 or above, it shall be selected as the most suitable so long as it receives the approval of a majority of the committee members in attendance for the vote.
vi. If no properties are found satisfactory, then bidding shall be abandoned.
8. Lease negotiation will proceed in one of the following manners:
(A) If only one property is suitable, negotiation shall begin immediately for it.
(B) If two or more properties are suitable, negotiation shall begin first for the one determined most suitable. If necessary, negotiation for other properties will continue in the order of each property’s average ranking as determined earlier. If two or more properties have the same average ranking, negotiation will be prioritized in reverse order of price, with the lowest listed bid price selected for negotiation first and so forth. If these properties have the same listed bid price, negotiation shall be prioritized in order of the number of first-place rankings each received from individual committee members. If the properties each received the same number of first-place votes, a lottery shall determine the order in which they are selected for negotiation.
9. For details of remaining provisions, please see “Instructions to Tenderers”.
Instructions to Tenderers
1. The procurement will follow the Republic of China’s Government Procurement Act (hereinafter the “Act”) and the related provisions determined by its stipulated competent authorities.
2. Case Name: Procurement of Property Rental for Taiwan Academy, Taipei Economic and Cultural Office in Los Angeles
3. Object of Procurement: Property for lease
4. Value of Procurement: Over the threshold for supervision but below the threshold for a large procurement
5. This is not an inter-entity supply contract.
6. Budget: USD $1,293,000.00 (including 5 years of rent and related expenses)
7. Superior Agency: Ministry of Culture, Republic of China (Taiwan)
8. In accordance with Article 75 of the Act, the name, address and telephone number of the entity that deals with protests from suppliers shall be the same as that of the entity making the procurement (i.e. Taiwan Academy or hereinafter “Entity”).
9. In accordance with Articles 76 and 85-1 of the Act, the name, address and telephone number of the Complaint Review Board for Government Procurement that deals with complaints and mediates contract disputes filed by suppliers is as follows:
Complaint Review Board for Government Procurement, Public Construction Commission, Executive Yuan
9F, No. 3, Songren Rd., Xinyi Dist., Taipei City 110, Taiwan (R.O.C.)
Tel: (+886) 2-8789-7530; Fax: (+886) 2-8789-7523
10. This procurement is undivided.
11. Tendering Procedure: Limited (i.e., adopting the most advantageous tender, applicable mutatis mutandis): This procurement is in conformity with the requirements set forth in Article 22, Paragraph 1, Subparagraph 11 and Article 106 of the Act as evaluated by the requesting, using or procuring unit, and has been reported to and approved by the head of the Entity or his or her authorized personnel.
12. No R.O.C. treaty or agreement applies to this procurement. Foreign suppliers are allowed to participate in this tendering and will be treated fairly.
13. This procurement is not on a turnkey (design-build) basis.
14. Joint tendering is not allowed for this procurement.
15. Where a supplier has questions about the contents of the tender documentation, the deadline for the suppliers to raise questions to the Entity in writing shall be within one-fourth of the tendering period from the date of publishing a notice or invitation to tender. A segment of less than one day shall be still be deemed as one full day.
16. The deadline for the Entity to issue a written reply to questions raised by the suppliers as delineated in the preceding Article shall be one day before the deadline for submission of tenders.
17. In accordance with Article 33, Paragraph 3 of the Act, this procurement allows a tenderer to amend or supplement its tender before tender opening as long as the amendment or supplement does not involve the essential parts of the contract.
18. In accordance with Article 35 of the Act, this procurement does not allow a supplier to submit alternative plans.
19. Validity Period of the Tender: From the time of submitting the tender to sixty (60) days after tender submission. If the procurement cannot be awarded within this period, the Entity may request the tenderer to extend the validity period of the tender, as necessary.
20. Documents to be Submitted by the Tenderer:
(A) Property floor plan and photographs of both the interior and exterior. The property’s total surface area, location, and address number the legally usable surface area and total surface area for each floor, and the legal uses for the property according to zoning regulations should be identified;
(B) evidence of ownership of the property (e.g., deed of trust, title report, etc.);
(C) history of improvements to property by landlord;
(D) Photocopies of certification proving property passed inspection by competent authorities (e.g., fire and earthquake safety inspectors, etc.);
(E) Permitted uses for the property according to the government’s planning and zoning code;
(F) Price quotation (with detailed breakdown of fees/costs)
(G) A written declaration of consent that the rental contract shall only become effective upon approval by the U.S. Department of State.
(H) Performance of previous real estate dealings by the property’s agent and/or representative.
21. Number of Copies of Tender to be Submitted: Six (6) complete sets per submission
22. Language of the Tender: In principle, the main part of the tender should be in Chinese (traditional characters), but pictures or texts with documentary evidence, attached materials, and texts with special techniques or materials may be in English.
23. The tender submission of this procurement shall be in one step. All documents of the tender shall be sealed in one envelope. It is not necessary to seal documents in separate envelopes based on their different attributes.
24. No bid or guarantee bond is required. The reasoning is as follows: According to Article 106 of the Act, because Entity is stationed abroad, it may be exempt from the Act’s provisions regarding bid bonds and guarantee bonds.
25. The government estimate for the procurement is set but not to be announced in the notice.
26. The principle for contract awarding is to choose the most advantageous tender (i.e., according to the evaluation criteria, standards, and methods set forth in the attached “Property Rental Procurement Plan”). The most advantageous tender will be selected according to Article 22, Paragraph 1, Subparagraph 11 of the Act, applicable mutatis mutandis.
27. This is not a multiple award procurement case.
28. This procurement shall be awarded by total price.
29. If the contract cannot be awarded, the Entity may not award the contract through negotiation pursuant to Article 55 or 56 of the Act.
30. The Act applies to this procurement with the exception of Article 106, Paragraph 1 of the Act.
31. The basic qualifications of a tenderer and its supporting qualification documents that shall be attached are as follows (Note: If a tenderer is allowed to tender without providing any of the supporting documents for the basic qualifications because—pursuant to the related laws or regulations—the tenderer is not required to apply for such documents, please specify the supporting documents which may be waived):
The tenderer must be a licensed real estate company or agent and shall prove this by providing whichever of the following qualification documents is appropriate:
(A) Photocopy of real estate company’s business license; and
(B) Photocopy of real estate agent’s license to practice.
32. Where necessary, Entity may notify a tenderer to submit an original qualification document for verification within a given time limit if the version of the qualification document originally submitted was a photocopy. In the event of non-conformity between the photocopy and the original document due to forging or altering, Article 50 of the Act shall apply.
33. The functions, performance, specifications, criteria, quantity and place of the subject of the tender as well as the contractual responsibilities of the awarded tenderer shall be explained in detail in an attachment prepared by the Entity.
34. The entire procurement is pursuant to Article 65 of the Act.
35. The terms of the price of a tender shall be delivered to the Entity at the following address:
Taiwan Academy,
Taipei Economic and Cultural Office in Los Angeles
3660 Wilshire Blvd., Suite 616
Los Angeles, CA 90010
36. Currency of the Tender: United States Dollar (USD $).
37. If any of the following statements applies to the supplier, it is prohibited from participating in tendering, being awarded or sub-contracted, or assisting tenderers in this procurement:
(A) The supplier has provided planning or design services to Entity, and this procurement is a result of that planning or design. (For exceptions, see paragraph following 37(E) below.)
(B) The tender documentation of this procurement has been prepared by the supplier for Entity. (For exceptions, see the paragraph following 37(E) below.)
(C) The supplier has provided tender evaluation service to Entity for this procurement.
(D) By fulfilling a prior contract with Entity, the supplier knows certain information that is unknown to other suppliers or should be kept secret, and is taking advantage of this information in hopes of being awarded the procurement.
(E) The supplier has provided professional management service to Entity for this procurement.
Limited Exception: If Entity approves (i.e., Entity shall signal approval by checking or filling in the box at the beginning of this paragraph—in other words, if the box at the beginning of this paragraph is not checked or left empty, then the Entity does not approve.), then where there is no conflict of interest or concern of unfair competition, the circumstances referred to in 37(A) and 37(B) need not disqualify the aforementioned supplier from tendering, being awarded or sub-contracted, or assisting tenderers in this procurement. For an exception from 37(A), the supplier would be required to publicize its relevant planning or design work together with the tender documentation for the procurement. If Entity then determines this supplier does not have a competitive advantage due to these previous accomplishments, it may consider the supplier’s tender.
38. A complete set of documentation for the tender includes: (multiple choices)
(A) Documentation for Invitation, Bid and Contract
(B) Instructions to Tenderers
(C) Price List of the Tender
(D) Statement of the Tenderer
(E) Terms and Conditions of the Contract
(F) Specifications of this Procurement
(G) Letters of Affidavit consenting to “Possible Legal Responsibility for Participation in Public Construction Projects by Contractors” (last amended by the Public Construction Commission on January 13, 2012)
Statement 1 (for a professional engineer practicing by himself/herself)
Statement 2 (for a professional engineer hired by a professional engineering consulting company)
Statement 3 (for a full-time engineer of a construction company)
Statement 4 (for a site superintendent of a construction company)
(H) Others (specified by Entity or optional): Property Rental Procurement Plan
39. Tenderers shall, in accordance with the requirements, fill out (do not use a pencil), and submit “Documentation for Invitation, Tendering and Contract” and “Price List of the Tender”, which are attached to the tender documentation, together with the other qualification, specification and other previously stipulated documentation required for this tender. Once completed, all documentation should be sealed together in an envelope for submission. The outside of the envelope shall be marked with the name and address of the tenderer and the number of the procurement case or subject of the tender.
40. The tenders shall be submitted before [17:00], [11] [11], 2013 by postal delivery, personal delivery, or electronic submission to the following receipt address:
Taiwan Academy,
Taipei Economic and Cultural Office in Los Angeles
3660 Wilshire Blvd., Suite 616
Los Angeles, CA 90010
41. Matters not provided for herein shall be governed by the Act and related regulations.
42. Other Instructions: None
43. The telephone numbers, fax numbers, and addresses of the procurement control and criminal investigation units processing accusations that may arise from this procurement are as follows:
(A) Procurement Supervision Unit, Ministry of Culture
No.30-1, Beiping E. Rd., Zhongzheng Dist., Taipei City 100, Taiwan (R.O.C.)
Tel: (+886) 2-3343-6365; Fax: (+886) 2-2322-4388
(B) Department of Civil Service Ethics, Ministry of Culture
No.30-1, Beiping E. Rd., Zhongzheng Dist., Taipei City 100, Taiwan (R.O.C.)
Tel: (+886) 2-2321-8399; Fax: (+886) 2-2321-8174
(C) Central Procurement Supervision Unit
9F, No. 3, Songren Rd., Xinyi Dist., Taipei City 110, Taiwan (R.O.C.)
Tel: (+886) 2-8789-7548; Fax: (+886) 2-8789-7554
(D) Agency Against Corruption, Ministry of Justice
5F., No.318-1, Songjiang Rd., Zhongshan Dist., Taipei City 104, Taiwan (R.O.C.)
The agency operates a 24-hour center that handles reports and accusations of corruption. To make a report, use the following contact information:
24-Hour Hotline: (+886) 800-286-586; Fax: (+886) 2-2562-1156
Mailbox: P.O. Box 14-153, Taipei City 100, Taiwan (R.O.C.)
Email: gechief-p@mail.moj.gov.tw
(E) Taipei City Field Office, Investigation Bureau, Ministry of Justice
No.176, Sec. 2, Keelung Rd., Da’an Dist., Taipei City 106, Taiwan (R.O.C.)
Reporting Hotline: (+886) 2-2732-8888
Reporting Mailbox: P.O. Box 60000, Taipei City 10099, Taiwan (R.O.C.)
(F) Investigation Bureau, Ministry of Justice
No. 74, Zhonghua Rd., Xindian Dist., New Taipei City 23149,Taiwan (R.O.C.)
Reporting Hotline: (+886) 2-2977-7777
Reporting Fax: (+886) 2-2918-8888
Reporting Mailbox: P.O. Box 60000, Xindian Dist., New Taipei City 23199, Taiwan (R.O.C.)
