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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 II - METHODS OF PROCUREMENT AND THEIR CONDITIONS FOR USE

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

(1) (Subject to approval by ... (the enacting State designates an organ to issue the approval),) a procuring entity may engage in procurement by means of two-stage tendering in accordance with article 46, or request for proposals in accordance with article 48, or competitive negotiation in accordance with article 49, in the following circumstances:

(a) it is not feasible for the procuring entity to formulate detailed specifications for the goods or construction or, in the case of services, to identify their characteristics and, in order to obtain the most satisfactory solution to its procurement needs,

i. it seeks tenders, proposals or offers as to various possible means of meeting its needs; or,

ii. because of the technical character of the goods or construction, or because of the nature of the services, it is necessary for the procuring entity to negotiate with suppliers or contractors;

(b) when the procuring entity seeks to enter into a contract for the purpose of research, experiment, study or development, except where the contract includes the production of goods in quantities sufficient to establish their commercial viability or to recover research and development costs;

(c) when the procuring entity applies this Law, pursuant to article 1 (3), to procurement involving national defence or national security and determines that the selected method is the most appropriate method of procurement; or

(d) when tendering proceedings have been engaged in but no tenders were submitted or all tenders were rejected by the procuring entity pursuant to article 12, 15 or 34 (3), and when, in the judgement of the procuring entity, engaging in new tendering proceedings would be unlikely to result in a procurement contract.

(2) (Subject to approval by ... (the enacting State designates an organ to issue the approval),) the procuring entity may engage in procurement by means of competitive negotiation also when:

(a) there is an urgent need for the goods, construction or services, and engaging in tendering proceedings would therefore be impractical, provided that the circumstances giving rise to the urgency were neither foreseeable by the procuring entity nor the result of dilatory conduct on its part; or,

(b) owing to a catastrophic event, there is an urgent need for the goods, construction or services, making it impractical to use other methods of procurement because of the time involved in using those methods.


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