In some systems, the identity is not disclosed to the procuring entity.

Usually the procuring organization also publishes an extract of the results on its website.

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

Usually, regulations provide flexibility to procuring entities with respect to the closure of the auction.

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

(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.

On 26 March 1991, the company filed a motion to link the buyers of ENTEL's assets to the proceedings.

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 .

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.

In New Zealand, for example, heads of procuring entities are free to manage their departments' procurement operations.

However, procuring entities may find this information unnecessary, and it may become a costly burden for suppliers.

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.

(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 .

(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 .

Under those rules, substantial discretion as regards the conduct of procurement process is often given to the heads of procuring entities.

Such a broad delegation of authority enables heads of a procuring entity to formulate procurement rules on an ad hoc basis.

(3) The procuring entity may suspend the electronic reverse auction in the case of system or communications failures.

(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.

This refers to two different types of power, which are possession of power and exercising power.

(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.

Consequently, the Working Group concluded that it would not be appropriate to require procuring entities to provide all software without charge, but that the Guide should provide that procuring entities should not use a charging facility to levy disproportionate charges or to restrict access to the procurement.

It prescribes different procedures, offers procuring entities alternative techniques and sets recommended and mandatory contract clauses and attached forms.

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)

Finally, systems should be checked periodically to assist in protection of the system against outside interference (including viruses, worms and hackers).

(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.

Details of the auction stage are not regulated but left to a procuring entity or a third party ERA service provider.

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.

In the practice of many countries, procuring entities retain broad flexibility to suspend reverse auction procedures and fix the time frame of suspension.

The separation of the judiciary from the executive branch is under way.

In some systems, an online tool has been developed that assists procuring entities to assess the suitability of ERA for an individual procurement.

Objectivity in the process could also be improved if procuring entities were to compare prices received with pre tender estimates based on market prices.

The judiciary is independent of the legislative and the executive.

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.