(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.

In Brazil, the bidder offering the lowest bid may be disqualified in the course of evaluation of its qualifications, which takes place after the auction.

As regards subparagraph (1) (b), it was noted that the word provide and the alternative phrases whether it has the top ranking in the auction and to establish the changes needed to any bid to give it the top ranking in the auction should be deleted.

Article 47 ter. Conduct of electronic reverse auctions during the auction itself

Article 47 ter. Conduct of electronic reverse auctions during the auction itself

All evaluation criteria would be factored in a mathematical formula, which would then re rank the bidders on the submission of each bid during the auction itself.

It was also observed that, where the rules would award the contract to the second best bidder, there had been instances observed in practice of a bidder placing an artificially low but winning bid, in the knowledge that the second best bidder would receive the contract.

Consequently, as tendering is the general procurement method for goods and construction, the provisions enable an electronic reverse auction procedure that follows the pattern of the standard tendering method, adapted to provide for an electronic reverse auction.

(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 holding of the auction

(1) During an electronic reverse auction

Invitation to auction

Auction stage

More commonly, the closing time of the electronic reverse auction is automatically extended for a specified period of time (e.g. 5 minutes) if a new lowest bid or a bid that changes top bid rankings is received in the last few minutes (e.g. within 2 minutes of the closing time).

The existing regulations usually regulate the timing of the auction, bidding requirements and the extent of disclosure of information during the bidding process.

Immediately after abortion of an auction, the reasons for the abortion shall be communicated at the Internet address fixed in the auction rules to those bidders who were last in participating in the auction (para.

Disclosure of information during the auction

Two stage tendering, like an auction, involves successive tendering phases, but the Model Law does not give any guidance on how article 33 applies to two stage tendering.

(ii) The date and time of the opening of the electronic reverse auction

(xi) The criteria that shall determine the closure of the auction and

The conduct of the auction itself would under the draft text below be governed by the principles and objectives of the rules governing tendering.

(v) The features of the tender that are to be presented at the auction

As regards paragraph 6 of the proposed draft article, the electronic reverse auction normally identifies only the best bid, and not (unless specifically requested) the best bids that other participants could have offered.

A minimum period of time is usually required to elapse between the issuance of the notice of auction or invitation to the auction, as the case may be, and the opening of the auction.

When auctions of models 1 and 2 are utilized (see A CN.9 WG.I WP.35, para. 33), the winning bidder should be known in the end of the auction as it is normally the bidder offering the lowest bid.

However, the design itself is not itself evaluated during the auction.

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 ).

The end of the bidding session may be set electronically or, as in Brazil, if expressly provided in the notice of auction, announced by the auctioneer.

In addition, only features of tenders that are quantifiable as price equivalents so as to allow for automatic evaluation during the auction itself may be presented through the auction.

(iv) The requirements for registration and identification of bidders at the opening of the auction

insert further guidance as regards closure of auction see paragraph 30 above .

Article 47 bis provides that the electronic reverse auction is to be suspended abrogated should the number of bidders drop below that minimum before the opening of the electronic reverse auction itself.

In some systems, the law requires the name of the successful bidder to be communicated immediately after termination of the auction to the Internet address fixed in the auction rules.

(1) The electronic reverse auction is to be conducted as a tendering procedure, and accordingly the provisions of chapter III of the Model Law apply unless they are inconsistent with the nature of an auction procedure.

91 above), and the provisions on tender securities addressed in the proposed revisions to article 32 (see next paragraph). It was also observed that if suppliers could withdraw their bids before the electronic reverse auction itself, the impact on the level of competition that would be required for an effective auction should be considered.

In China, the lowest bid may be invalidated by the procuring entity, for instance, if it is higher than the market price or abnormally low or in case of a misconduct of the winning bidder during the bidding process or the registration.

However, it is within the discretion of auctioneer to satisfy such a request.

One of the inherent features of an ERA is that it enables current information about the status of the auction to be provided to bidders automatically and instantaneously as an auction unfolds.

The Working Group may also wish to make an equivalent provision in two stage tendering.

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

The Working Group may care to note that the draft text for the conduct of the auction itself, set out in chapter IV below, implicitly requires that all criteria that are to be submitted and evaluated in the auction can be evaluated automatically.

Thus, design could be taken into account as an award criterion, by allocating points that have a price equivalent before the auction is held, and these points can then be taken into account automatically in the auction itself.

(xii) All other information necessary to enable the supplier or contractor to participate in the auction.

(5) Paragraph 2 (c) protects the anonymity of the bidders prior to the closure of an electronic reverse auction.

Such reverse auctions have been used in the past in a variety of natural resources management programmes.