Article 30. Submission of tenders

(iii) Electronic submission of tenders, proposals and quotations

Electronic submission of tenders, proposals and quotations

A study of bidding behaviour in situations where bid rigging is suspected might identify patterns suggesting customer allocation or bid rotation.

The Advisory Committee understands that MONUC does not support the rationale for the increases and is currently going through a rebuttal process a decision on eventual re bidding is yet to be taken.

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.

Proposed additional text for the Guide to Enactment regarding article 30 of the Model Law, to enable the submission of tenders in electronic form

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

Tender committee

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.

In addition, procurement or tender rules of some donors preclude the participation of United Nations system organizations 4

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 .

H. Electronic opening of tenders

Article 33. Opening of tenders

A request for tenders (RFT) is a formal, structured invitation to suppliers, to bid, to supply products or services.

11. Calls upon the executive heads of the funds and programmes of the United Nations to improve their procurement practices, as appropriate, using the Procurement Division of the Office of Central Support Services of the Secretariat as a model in such areas as the posting of bids on the Internet and inviting all registered suppliers to bid

Thirdly, the authenticity of tenders must be established).

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

It was also observed that the question of tender securities might need specific provision, in the light of the experience of certain delegations and observers that tender securities remained paper based documents, and simultaneous submission with electronic tenders might not be possible.

Alternatively, the obligation under draft article 47 bis of the Model Law could be to provide all relevant information to the extent that the solicitation documents have not already done so.

Another relevant amendment (from 2002) was section 2B of the Public Tender Law, setting preference to private businesses owned by women in public tenders, as detailed above and in Article 4 below.

It was evident that all three had been prepared by the same company.

Kraków was bidding to host the 2022 Winter Olympics with Jasná but the bid was rejected in a local referendum on 25 May 2014 by a majority of 69,72 of voters.

As regards paragraph (1) ter, it was noted that accessibility standards as they apply to the submission of tenders could be accommodated in article 30 of the Model Law.

Based on the results of the bidding process, the cooperative programme managers would be able to negotiate and reach agreements on incentive levels that minimize the expenditure needed to achieve the target reductions in livestock herds.

Competitive bidding was not systematically used (Angola and Namibia).

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

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

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

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

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

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.

) However, and in the light of more widespread availability of the relevant technology, the Working Group has decided to amend these provisions in order to enable tenders and other offers to be submitted electronically (A CN.9 586, para.

The Working Group agreed provisionally to delete paragraphs (1) bis and ter pending finalization of its deliberations on functional equivalence and the electronic submission of tenders, respectively.

It may be further noted that the implementation of paragraph (5) to accommodate the submission of tenders in non traditional forms that the form must be set out in the solicitation documents and that the form must be one that provides at least a similar degree of authenticity, security and confidentiality as submission in traditional paper based format.

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

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).

In particular, the EU welcomes work already under way in identifying cluster, or sectoral, bids.

It expects that the required practice for international bidding will be fully respected in the selection process for the external consultants.

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

The closest equivalent to an RFT in the mainstream private sector is a request for proposal (RFP), which, since public money is not involved, typically has a less rigid structure.

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.

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

The Commission also established educational programs on the issue of affirmative action for women for members of tender committees.

(5) Where suppliers or contractors are permitted to follow the opening of the tenders through electronic means of communication used by the procuring entity in accordance with article 33 (4), they shall be deemed to have been permitted to be present at the opening of tenders in accordance with the requirements of article 33 (2).