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UNCITRAL Model Law on Procurement of Goods, Construction and Services, 1994 [Excerpt of A/49/17]

ANNEX I

ANNEX I

Preamble  1 

CHAPTER I - GENERAL PROVISIONS

Article 1 - Scope of application

Article 2 - Definitions

Article 3 - International obligations of this State relating to procurement [and intergovernmental agreements within (this State)]

Article 4 - Procurement regulations

Article 5 - Public accessibility of legal texts

Article 6 - Qualifications of suppliers and contractors

Article 7 - Prequalification proceedings

Article 8 - Participation by suppliers or contractors

Article 9 - Form of communications

Article 10 - Rules concerning documentary evidence provided by suppliers or contractors

Article 11 - Record of procurement proceedings

Article 12 - Rejection of all tenders, proposals, offers or quotations

Article 13 - Entry into force of the procurement contract

Article 14 - Public notice of procurement contract awards

Article 15 - Inducements from suppliers or contractors

Article 16 - Rules concerning description of goods, construction or services

Article 17 - Language

CHAPTER II - METHODS OF PROCUREMENT AND THEIR CONDITIONS FOR USE

Article 18 - Methods of procurement  2 

Article 19 - Conditions for use of two-stage tendering, request for proposals or competitive negotiation

Article 20 - Conditions for use of restricted tendering

Article 21 - Conditions for use of request for quotations

Article 22 - Conditions for use of single-source procurement

CHAPTER III - TENDERING PROCEEDINGS

SECTION I - SOLICITATION OF TENDERS AND OF APPLICATIONS TO PREQUALIFY

Article 23 - Domestic tendering

Article 24 - Procedures for soliciting tenders or applications to prequalify

Article 25 - Contents of invitation to tender and invitation to prequalify

Article 26 - Provision of solicitation documents

Article 27 - Contents of solicitation documents

Article 28 - Clarifications and modifications of solicitation documents

SECTION II - SUBMISSION OF TENDERS

Article 29 - Language of tenders

Article 30 - Submission of tenders

Article 31 - Period of effectiveness of tenders; modification and withdrawal of tenders

Article 32 - Tender securities

SECTION III - EVALUATION AND COMPARISON OF TENDERS

Article 33 - Opening of tenders

Article 34 - Examination, evaluation and comparison of tenders

Article 35 - Prohibition of negotiations with suppliers or contractors

Article 36 - Acceptance of tender and entry into force of procurement contract

CHAPTER IV - PRINCIPAL METHOD FOR PROCUREMENT OF SERVICES

Article 37 - Notice of solicitation of proposals

Article 38 - Contents of requests for proposals for services

Article 39 - Criteria for the evaluation of proposals

Article 40 - Clarification and modification of requests for proposals

Article 41 - Choice of selection procedure

Article 42 - Selection procedure without negotiation

Article 43 - Selection procedure with simultaneous negotiations

Article 44 - Selection procedure with consecutive negotiations

Article 45 - Confidentiality

CHAPTER V - PROCEDURES FOR ALTERNATIVE METHODS OF PROCUREMENT

Article 46 - Two-stage tendering

Article 47 - Restricted tendering

Article 48 - Request for proposals

Article 49 - Competitive negotiation

Article 50 - Request for quotations

Article 51 - Single-source procurement

CHAPTER VI - REVIEW  3 

Article 52 - Right to review

Article 53 - Review by procuring entity (or by approving authority)

Article 55 - Certain rules applicable to review proceedings under article 53 [and article 54]

Article 56 - Suspension of procurement proceedings

Article 57 - Judicial review

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

UNCITRAL Model Law on Procurement of Goods, Construction and Services, 1994

United Nations (UN)

copy @ Lex Mercatoria

UNCITRAL Model Law on Procurement of Goods, Construction and Services, 1994 [Excerpt of A/49/17]

CHAPTER I - GENERAL PROVISIONS

Article 11 - Record of procurement proceedings

(1) The procuring entity shall maintain a record of the procurement proceedings containing, at a minimum, the following information:

(a) a brief description of the goods, construction or services to be procured, or of the procurement need for which the procuring entity requested proposals or offers;

(b) the names and addresses of suppliers or contractors that submitted tenders, proposals, offers or quotations, and the name and address of the supplier or contractor with whom the procurement contract is entered into and the contract price;

(c) information relative to the qualifications, or lack thereof, of suppliers or contractors that submitted tenders, proposals, offers or quotations;

(d) the price, or the basis for determining the price, and a summary of the other principal terms and conditions of each tender, proposal, offer or quotation and of the procurement contract, where these are known to the procuring entity;

(e) a summary of the evaluation and comparison of tenders, proposals, offers or quotations, including the application of any margin of preference pursuant to articles 34 (4) (d) and 39 (2);

(f) if all tenders, proposals, offers or quotations were rejected pursuant to article 12, a statement to that effect and the grounds therefor, in accordance with article 12 (1);

(g) if, in procurement proceedings involving methods of procurement other than tendering, those proceedings did not result in a procurement contract, a statement to that effect and of the grounds therefor;

(h) the information required by article 15, if a tender, proposal, offer or quotation was rejected pursuant to that provision;

(i) in procurement proceedings involving the use of a procurement method pursuant to paragraph (2) or subparagraph (a) or (b) of paragraph (3) of article 18, the statement required under article 18 (4) of the grounds and circumstances on which the procuring entity relied to justify the selection of the method of procurement used;

(j) in the procurement of services by means of chapter IV, the statement required under article 41 (2) of the grounds and circumstances on which the procuring entity relied to justify the selection procedure used;

(k) in procurement proceedings involving direct solicitation of proposals for services in accordance with article 37 (3), a statement of the grounds and circumstances on which the procuring entity relied to justify the direct solicitation;

(l) in procurement proceedings in which the procuring entity, in accordance with article 8 (1), limits participation on the basis of nationality, a statement of the grounds and circumstances relied upon by the procuring entity for imposing the limitation;

(m) a summary of any requests for clarification of the prequalification or solicitation documents, the responses thereto, as well as a summary of any modification of those documents.

(2) Subject to article 33 (3), the portion of the record referred to in subparagraphs (a) and (b) of paragraph (1) of this article shall, on request, be made available to any person after a tender, proposal, offer or quotation, as the case may be, has been accepted or after procurement proceedings have been terminated without resulting in a procurement contract.

(3) Subject to article 33 (3), the portion of the record referred to in subparagraphs (c) to (g), and (m), of paragraph (1) of this article shall, on request, be made available to suppliers or contractors that submitted tenders, proposals, offers or quotations, or applied for prequalification, after a tender, proposal, offer or quotation has been accepted or procurement proceedings have been terminated without resulting in a procurement contract. Disclosure of the portion of the record referred to in subparagraphs (c) to (e), and (m), may be ordered at an earlier stage by a competent court. However, except when ordered to do so by a competent court, and subject to the conditions of such an order, the procuring entity shall not disclose:

(a) information if its disclosure would be contrary to law, would impede law enforcement, would not be in the public interest, would prejudice legitimate commercial interests of the parties or would inhibit fair competition;

(b) information relating to the examination, evaluation and comparison of tenders, proposals, offers or quotations, and tender, proposal, offer or quotation prices, other than the summary referred to in paragraph (1) (e).

(4) The procuring entity shall not be liable to suppliers or contractors for damages owing solely to a failure to maintain a record of the procurement proceedings in accordance with the present article.


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