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

(c) The procuring entity may also at any time announce the number of participants in the auction but shall not disclose the identity of any bidder during the auction until the auction has closed.

The obligation on the procuring entity to be satisfied that the accessibility standards are met will be open to review under article 54, and the requirements of the record of the procurement proceedings to be maintained pursuant to article 11 will enable the procuring entity's decision and how it was arrived at to be reviewed.

Some systems impose special duties on a procuring entity with respect to the monitoring of ERA systems.

If the number of suppliers or contractors qualified to participate in admitted to that have registered to participate in the auction falls below number is in the opinion of the procuring entity insufficient to ensure effective competition , the procuring entity shall withdraw the electronic reverse auction .

The commission may be payable by the procuring entity, the successful bidder or a combination of both.

In Australia, it is recommended that the notice state that the procuring entity is not bound by the results of the ERA.

(e) Article 30 (1) (requirement to fix the place for and a specific date and time as a deadline for submission of tenders)

Similarly, paragraph 4 is designed to avoid the risk of abuse if communications between the procuring entity and bidders were enabled.

Other systems give the procuring entity the option of including, in addition to registration, a pre qualification step.

At that stage, a procuring entity may also have to deal with complaints and appeals by aggrieved bidders.

(1) quater. Without prejudice to the right of a procuring entity to stipulate the form of communications in the solicitation documents, the procuring entity shall not discriminate against or among suppliers or contractors on the basis of the form in which they transmit or receive documents, notifications, decisions or other communications.

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.

(f) Article 30 (2) (requiring entities to extend the tendering deadline when it makes changes to its requirements)

(b) The procuring entity shall, on request, provide to the supplier or contractor a receipt showing the date and time when its tender was received.

Other delegations expressed the view that such decisions should not be taken other than by the procuring entity itself.

As regards suspension of procurement proceedings, the publication of the notice to that effect is required for instance under article 6.3 of the Law on Public Procurement of the Republic of Lithuania, No.

(2) In any procurement by means of an electronic reverse auction, the procuring entity shall may engage in prequalification proceedings in accordance with article 7 .

(4) (d) The procuring entity shall ensure that the number of suppliers or contractors invited to participate in the auction is sufficient to ensure effective competition.

One of the most important ways to promote transparency and accountability is to include provisions requiring that the procuring entity maintain a record of the procurement proceedings.

However, an auction including non price criteria requires the procuring entity to develop a precise evaluation formula, which should, in the interests of transparency, be disclosed.

The Working Group may wish to consider the following proposed revisions to article 9, the aim of which is to enable the procuring entity to choose the communication method.

Article 9 is intended to provide certainty as to the required form of communications between the procuring entity and suppliers and contractors provided for under the Model Law.

A procuring entity is required to ensure that participants excluded are informed about the exclusion and reasons for the exclusion without delay, and prevented from participating any further in the auction.

It is possible for entities to facilitate the participation of suppliers that do not have Internet access by setting up a proxy (possibly in the offices of the procuring entity) to bid on the supplier's behalf during the auction, based on telephone instructions from the supplier.

(1) bis. The procuring entity may stipulate in the solicitation documents the form that all communications with suppliers or contractors shall take, provided that the means of communication chosen by the procuring entity shall comply with the accessibility standards contained in article 4 bis or 5 bis .

(5) The procuring entity shall allow a period of time to elapse between the issuance of the invitation to participate in the electronic reverse auction and the opening of the auction sufficient so as to ensure sufficient participation in the auction.

The ERA process may be conducted by the procuring entity itself, using licensed software, or outsourced to a third party ERA service provider.

The Austrian law adds to that a possibility of terminating an auction by a procuring entity if serious reasons objectively justify ( abortion of the auction ).

A procuring entity is released from such obligation if disclosure of such information would prejudice public interest, the legitimate commercial interests of any company or free and fair competition.

(1) ter. The procuring entity may stipulate in the solicitation documents that tenders submitted under article 30 must be submitted in electronic form , provided that the means of submission chosen by the procuring entity shall comply with the accessibility standards contained in article article 4 bis or 5 bis .

If a smaller number than anticipated is received, and if no effective competition can be expected, a procuring entity may be required to withdraw the auction under paragraph 4 (d).

In Brazil, ERAs can be conducted only by the reverse auctioneers who are employees of a procuring entity, accredited after special training.

If a smaller number than anticipated is received, and if no effective competition can be expected, a procuring entity has to withdraw the ERA.

If disconnection happens through the fault of the procuring entity or the government system, the bidder may seek suspension or cancellation of the process or damages from the government.

(a) Where it is feasible for the procuring entity to formulate detailed , and precise and accurate specifications for the goods construction or services such that homogeneity in the procurement can be achieved

Requiring initial tenders to include all features, including those to be presented through the auction, may assist the procuring entity in setting a starting price for the auction.

(4) There shall be no communication between the procuring entity and suppliers or contractors during the electronic reverse auction other than as provided for in paragraphs 1 (b) and (c) above.

Article 11 of the Model Procurement Law requires the procuring entity to maintain a record of the procurement proceedings containing certain minimum information, and provides for that information to be made accessible.

The decision as to the number of bidders is within the procuring entity's discretion but there must be at least ten participants in auctions with a limited number of participants.

In other systems, however, if the lowest bid is invalidated, the procuring entity has to reconduct ERA or adopt other methods of procurement.

The Working Group considered that the proposed requirement for the procuring entity to keep electronically stored information in the record accessible even as technologies changed would be technically difficult.

In Brazil, the procuring entity is required to indicate that the auction will be held electronically, and to provide contact details of call center help desk, and the name and qualifications of the reverse auctioneer in charge.

The Working Group also considered the question of whether the provision of software by the procuring entity to potential suppliers should be made without charge (A CN.9 WG.I WP.38 Add.1, para.

Basic information usually included in the invitation to tender is usually provided, such as the identity of the procuring entity, the nature of the object of the procurement, contractual terms, and quality and performance standards.