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. According 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 procurement review committees for each procurement case to handle related matters.

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

procurement review committees for each procurement case to handle related matters.

III. Article 4, Paragraph 3 of the Act defines "non-pecuniary benefits" as "appointment, employment, engagement, employment on a contract basis, employment of temporary staff, labor dispatch, 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.

related persons 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

appointment, employment, engagement, employment on a contract basis, employment of temporary staff, labor dispatch, 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

employment, engagement, employment on a contract basis, employment of temporary staff, labor dispatch, 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

employment, engagement, employment on a contract basis, employment of temporary staff, labor dispatch, 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

measures," in addition to the aforementioned personnel measures, also includes a general provision for "other similar personnel measures." 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. Therefore, when a public servant of the 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 the provisions of Articles 6 and 12 of the Act.

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. Therefore, when a public servant of the 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 the provisions of Articles 6 and 12 of the Act.

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. Therefore, when a public servant of the 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 the provisions of Articles 6 and 12 of the Act.

measures" under Article 4, Paragraph 3 of the Act. Therefore, when a public servant of the 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 the provisions of Articles 6 and 12 of the Act.

Therefore, when a public servant of the 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 the provisions of Articles 6 and 12 of the Act.

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 the provisions of Articles 6 and 12 of the Act.

committee, in order to comply with the provisions of Articles 6 and 12 of the Act.

provisions of Articles 6 and 12 of the Act.

IV. Additionally, even if the agency's chief of staff is appointed as a confidential staff member, and is subsequently appointed as a member of the agency's procurement review committee by the head of the agency due to their official duties, this constitutes a non-pecuniary benefit derived from their professional relationship. Therefore, the head of the agency is not required to recuse themselves.

due to their official duties,

by the head of the agency as a member of the agency's procurement review committee, this constitutes a non-pecuniary benefit derived from their professional relationship. Therefore, the head of the agency is not required to recuse themselves.

Therefore, the head of the agency is not required to recuse themselves.