[National Contracts, Bidding] Method of Selecting a Successful Bidder in Case of Identical Price Bids

Enforcement Decree of the National Contracts Act

Article 47 (Selection of Successful Bidder for Identical Price Bids)

① The head of each central administrative agency or the contracting officer shall determine the successful bidder according to the methods specified in each of the following subparagraphs if there are two or more bidders who submitted bids at the same price that can be awarded (in the case of bids for construction or services as per Article 42, paragraph 4, this refers to the top two bidders who have tied scores) in cases that fall under one of the following subparagraphs:

1. In the case of general competitive bidding based on desired quantity under Article 17: Determine the bidder with the larger bid quantity as the successful bidder; if the bid quantities are the same, the successful bidder shall be determined by drawing lots.

2. In the case of determining the successful bidder according to Article 42, paragraph 1: Determine the bidder with the highest score in terms of contract performance capability and job creation performance through evaluation; if the evaluation results for contract performance capability and job creation performance are also the same, the successful bidder shall be determined by drawing lots.

3. Deleted

4. In the case of determining the successful bidder under Article 42, paragraph 3: Determine the bidder with the technical advantage as the successful bidder; if the results of specifications or technical evaluation are also the same, the successful bidder shall be determined by drawing lots.

5. In the case of determining the successful bidder under Article 42, paragraph 4: Determine the bidder with the highest total score of construction capability and social responsibility; if the total scores are the same, the successful bidder shall be determined according to the criteria set by the Minister of Strategy and Finance, reflecting the scale and characteristics of the construction or service.

② In the case of paragraph 1, if there are bidders who are not present or do not draw lots among the bidders, a public official unrelated to the bidding affairs may be allowed to draw lots on their behalf.

(Contract Regulations) Comprehensive Assessment Bidding Evaluation Criteria

Article 13 (Determination of Successful Bidder)

① The bidder with the highest total score in the comprehensive assessment as per Article 10 shall be selected as the successful bidder. However, in the case of highly challenging construction, if one or more of the priority bidders among those eligible for volume and construction plan assessment exceed the total score of the subsequent bidders as per Article 10, paragraph 2 and paragraph 4, the successful bidder may be decided from the priority bidders without assessing the volume and construction plan of the subsequent bidder.

② If there are two or more bidders with the highest total score in the comprehensive assessment, the successful bidder shall be determined in the order of the following subparagraphs:

1. The one with the highest total score of construction capability and social responsibility (the social responsibility score is added within the scoring limits of the construction capability score)

2. The one whose bid amount is close to the balanced price; however, if the balanced price is 88% or more of the estimated price, the one with the lower bid amount

3. The one with the higher construction capability score

4. The one with the higher social responsibility score

5. The one with the lower contract amount received under the comprehensive assessment bidding in the last year based on the bid announcement date (in the case of a consortium, this refers to the amount applied in relation to all parts of the construction) <Moved from Item 3 on 2023.6.30.>

6. Drawing lots <Moved from Item 4 on 2023.6.30.>