To inform relevant authorities that the appointment of members to the procurement review committee falls under the category of "other similar personnel measures" as stipulated in Article 4, Paragraph 3 of the "Act Governing the Avoidance of Conflicts of Interest for Public Servants" (hereinafter referred to as "the Act").

Explanation:

I. In accordance with the Taoyuan City Government's official letter dated August 23, 108 (2019), Ref. No. 1080210815, which forwarded the Ministry of Justice's official letter dated August 20, 108 (2019), Ref. No. 10805006280 (attached).

II. Pursuant to Article 94, Paragraph 1 of the Government Procurement Act, when an agency conducts a review, it shall establish a review committee of five or more members. The proportion of experts and scholars shall not be less than one-third, and their names shall be recommended by the competent authority in conjunction with the Ministry of Education, the Examination Yuan, and other relevant authorities. Furthermore, according to Article 2 of the "Regulations Governing the Organization of Procurement Review Committees," agencies shall establish a procurement review committee for each procurement case to handle related matters.

III. Article 4, Paragraph 3 of the Act defines "non-pecuniary benefits" as "appointment, employment, engagement, contractual employment, employment of temporary staff, dispatch of labor, promotion, transfer, performance appraisal, and other similar personnel measures" in the agencies (organizations), schools, legal persons, business entities, and military units (hereinafter referred to as "agencies and organizations") listed in Article 2, Paragraph 1, for public servants or their related persons.

In addition to the aforementioned personnel measures, the phrase "other similar personnel measures" provides a general definition. The impartial execution of procurement review duties by members of the agency's procurement review committee in accordance with government procurement laws and regulations also falls within the scope of "other similar personnel measures" under Article 4, Paragraph 3 of the Act. When a public servant of an agency is involved in the process of their related person being appointed as a member of the agency's procurement review committee, they shall recuse themselves. Furthermore, they shall not use their official power, opportunities, or methods to seek benefits for their related person to be appointed as a member of the agency's procurement review committee, in order to comply with Articles 6 and 12 of the Act.

IV. Additionally, even if the agency's chief of staff is appointed as a confidential staff member, if they are appointed as a member of the agency's procurement review committee by the head of the agency due to their official duties, this shall be considered a non-pecuniary benefit derived from their professional relationship. In such cases, the head of the agency is not required to recuse themselves.

理相關事項，應就各該採購案成立採購評選委員會。

三、按本法第4條第3項「非財產上利益，指有利公職人員或其

關係人在第二條第一項所列之機關（構）團體、學校、法

人、事業機構、部隊（以下簡稱機關團體）之任用、聘

任、聘用、約僱、臨時人員之進用、勞動派遣、陞遷、調

動、考績及其他相類似之人事措施」，除列舉上開人事措

施外，另以「其他相類似之人事措施」作概括式規定，機

關採購評選委員會委員應依政府採購法令規定公正執行採

購評選職務，亦屬本法第4條第3項「其他相類似之人事措

施」之範疇，機關公職人員於涉及其本法第3條之關係人獲

聘為機關採購評選委員會委員過程中，應自行迴避，亦不

得假借職務上之權力、機會或方法，圖其關係人獲聘為機

關採購評選委員會委員之利益，始符本法第6條及第12條規

定。

四、另機關幕僚長縱屬機要人員進用，其因執行機關職務，而

由機關首長核定為機關採購評選委員會委員，應屬因職務

關係所衍生之非財產上利益，機關首長尚無自行迴避之必

要。