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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 III - TENDERING PROCEEDINGS

SECTION I - SOLICITATION OF TENDERS AND OF APPLICATIONS TO PREQUALIFY

Article 27 - Contents of solicitation documents

The solicitation documents shall include, at a minimum, the following information:

(a) instructions for preparing tenders;

(b) the criteria and procedures, in conformity with the provisions of article 6, relative to the evaluation of the qualifications of suppliers or contractors and relative to the further demonstration of qualifications pursuant to article 34 (6);

(c) the requirements as to documentary evidence or other information that must be submitted by suppliers or contractors to demonstrate their qualifications;

(d) the nature and required technical and quality characteristics, in conformity with article 16, of the goods, construction or services to be procured, including, but not limited to, technical specifications, plans, drawings and designs as appropriate; the quantity of the goods; any incidental services to be performed; the location where the construction is to be effected or the services are to be provided; and the desired or required time, if any, when the goods are to be delivered, the construction is to be effected or the services are to be provided;

(e) the criteria to be used by the procuring entity in determining the successful tender, including any margin of preference and any criteria other than price to be used pursuant to article 34 (4) (b), (c) or (d) and the relative weight of such criteria;

(f) the terms and conditions of the procurement contract, to the extent they are already known to the procuring entity, and the contract form, if any, to be signed by the parties;

(g) if alternatives to the characteristics of the goods, construction, services, contractual terms and conditions or other requirements set forth in the solicitation documents are permitted, a statement to that effect, and a description of the manner in which alternative tenders are to be evaluated and compared;

(h) if suppliers or contractors are permitted to submit tenders for only a portion of the goods, construction or services to be procured, a description of the portion or portions for which tenders may be submitted;

(i) the manner in which the tender price is to be formulated and expressed, including a statement as to whether the price is to cover elements other than the cost of the goods, construction or services themselves, such as any applicable transportation and insurance charges, customs duties and taxes;

(j) the currency or currencies in which the tender price is to be formulated and expressed;

(k) the language or languages, in conformity with article 29, in which tenders are to be prepared;

(l) any requirements of the procuring entity with respect to the issuer and the nature, form, amount and other principal terms and conditions of any tender security to be provided by suppliers or contractors submitting tenders, and any such requirements for any security for the performance of the procurement contract to be provided by the supplier or contractor that enters into the procurement contract, including securities such as labour and materials bonds;

(m) if a supplier or contractor may not modify or withdraw its tender prior to the deadline for the submission of tenders without forfeiting its tender security, a statement to that effect;

(n) the manner, place and deadline for the submission of tenders, in conformity with article 30;

(o) the means by which, pursuant to article 28, suppliers or contractors may seek clarifications of the solicitation documents, and a statement as to whether the procuring entity intends, at this stage, to convene a meeting of suppliers or contractors;

(p) the period of time during which tenders shall be in effect, in conformity with article 31;

(q) the place, date and time for the opening of tenders, in conformity with article 33;

(r) the procedures to be followed for opening and examining tenders;

(s) the currency that will be used for the purpose of evaluating and comparing tenders pursuant to article 34 (5) and either the exchange rate that will be used for the conversion of tenders into that currency or a statement that the rate published by a specified financial institution prevailing on a specified date will be used;

(t) references to this Law, the procurement regulations and other laws and regulations directly pertinent to the procurement proceedings, provided, however, that the omission of any such reference shall not constitute grounds for review under article 52 or give rise to liability on the part of the procuring entity;

(u) the name, functional title and address of one or more officers or employees of the procuring entity who are authorized to communicate directly with and to receive communications directly from suppliers or contractors in connection with the procurement proceedings, without the intervention of an intermediary;

(v) any commitments to be made by the supplier or contractor outside of the procurement contract, such as commitments relating to countertrade or to the transfer of technology;

(w) notice of the right provided under article 52 of this Law to seek review of an unlawful act or decision of, or procedure followed by, the procuring entity in relation to the procurement proceedings;

(x) if the procuring entity reserves the right to reject all tenders pursuant to article 12, a statement to that effect;

(y) any formalities that will be required once a tender has been accepted for a procurement contract to enter into force, including, where applicable, the execution of a written procurement contract pursuant to article 36, and approval by a higher authority or the Government and the estimated period of time following the dispatch of the notice of acceptance that will be required to obtain the approval;

(z) any other requirements established by the procuring entity in conformity with this Law and the procurement regulations relating to the preparation and submission of tenders and to other aspects of the procurement proceedings.


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