In the systems that recognize ERAs as an optional phase, all tenderers who submitted admissible tenders are invited to participate in the ERA.

Types of calls for tenders Open tenders, open calls for tenders, or advertised tenders are open to all vendors or contractors who can guarantee performance.

Restricted tenders, restricted calls for tenders, or invited tenders are only open to selected prequalified vendors or contractors.

Tenders in the Civil Service

Applying the principle of functional equivalence to the electronic submission of tenders, electronic tenders require the same legal value as tenders submitted in writing, signed and in a sealed envelope.

Article 30. Submission of tenders

H. Electronic opening of tenders

Article 33. Opening of tenders

Only those participants that submitted admissible tenders after an initial evaluation of the tenders will be admitted to ERAs.

Electronic submission of tenders, proposals and quotations

The Guide to Enactment refers to additional rules and techniques that might be needed, for instance to guard the confidentiality of tenders and prevent opening' of the tenders prior to the deadline for submission of tenders .

The procuring entity shall rank the tenders on the basis of the features of tenders that are not to be presented in the auction in accordance with the award criteria.

When reviewing tenders, procuring entities, it was said, should be allowed to seek justification of prices if they suspected abnormally low tenders.

Thirdly, the authenticity of tenders must be established).

(iii) Electronic submission of tenders, proposals and quotations

(3) Paragraph 3 considers the contents of initial tenders.

Finally, it was observed, many possible abnormally low tenders when closely examined would turn out to be non responsive tenders that would be rejected as such.

(h) Article 30 (6) (requirement to return late tenders unopened)

(i) Article 33 (1) (opening of tenders at the deadline)

(3) Suppliers or contractors shall, prior to the auction, submit initial tenders that are complete in all respects, except that the tenders need not include the features that are to be presented through the auction.

The procuring entity may, however, require that tenders include such features.

(g) Article 30 (3) (extension of the deadline for submitting tenders)

In procedures involving an electronic auction, some of these provisions apply to the initial tenders envisaged under paragraph 4 (a) of that draft article (that is, the tenders submitted and evaluated prior to the auction phase).

(f) Only two authorized persons may set or change the time and date specified in the solicitation documents or any extension thereto as the deadline for submission of tenders, and at which tenders are to be opened

(j) Article 34 (1) (a) (possibility for asking for clarifications of tenders)

(l) Article 34 (3) (on tenders that the entity cannot accept) and

Abnormally low tenders (A CN.9 WG.I WP.40 Add.1, paras.

Paragraph 4 (a) of the draft article presents as an option that the procuring entity is to rank the tenders on the basis of the features of tenders that are not to be presented in the auction in accordance with the award criteria.

(d) No person can have access to a tender prior to the time and date specified in the solicitation documents, or any extension thereto as the deadline for submission of tenders, and at which tenders are to be opened

(e) The means used to send and receive electronic communications should enable the time of receipt of documents to be established, if the time of receipt is significant in applying the rules of the procurement process (for example, the submission of requests to participate and tenders proposals) and

Some EU open tenders have turned out to be closed to Russian companies.

Alternatively, authorized persons may open tenders on line and publish the relevant information.

Electronic opening of tenders (A CN.9 WG.I WP.38 Add.1, paras.

Views varied as to whether the provisions on abnormally low tenders should be included in the Model Law.

(c) The exact time and date of the receipt of tenders can be established

It was noted that tenders had been rejected for failure to furnish tender securities when required in these circumstances.

See, e.g., article 12 (3) of the Model Law which provides that the notice of the rejection of all tenders, etc., shall be given promptly to all suppliers or contractors that submitted tenders, proposals, offers or quotations.

Such opening may be achieved through an electronic information system, which would automatically release and open the tenders at the date and time provided in the solicitation documents, and automatically transmit the information that would usually be publicly announced at the opening of tenders.

(3) ter. Systems for the electronic receipt of tenders must ensure at a minimum that

Proposed additional text for the Guide to Enactment regarding the opening of tenders submitted electronically

4) Monitoring the advancement of equal representation for women, and the implementation of the relevant legislation, including in governmental tenders

Electronic submission of tenders, proposals and quotations (A CN.9 WG.I WP.38 Add.1, paras.

(4) (a) The procuring entity shall carry out on an initial evaluation of tenders to determine responsiveness in accordance with article 34, and to assess all features of tenders that are not to be presented in the auction in accordance with the award criteria set and with the weighting fixed for them.

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