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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 V - PROCEDURES FOR ALTERNATIVE METHODS OF PROCUREMENT

Article 48 - Request for proposals

(1) Requests for proposals shall be addressed to as many suppliers or contractors as practicable, but to at least three, if possible.

(2) The procuring entity shall publish in a newspaper of wide international circulation or in a relevant trade publication or technical or professional journal of wide international circulation a notice seeking expressions of interest in submitting a proposal, unless for reasons of economy or efficiency the procuring entity considers it undesirable to publish such a notice; the notice shall not confer any rights on suppliers or contractors, including any right to have a proposal evaluated. (3) The procuring entity shall establish the criteria for evaluating the proposals and determine the relative weight to be accorded to each such criterion and the manner in which they are to be applied in the evaluation of the proposals. The criteria shall concern:

(a) the relative managerial and technical competence of the supplier or contractor;

(b) the effectiveness of the proposal submitted by the supplier or contractor in meeting the needs of the procuring entity; and

(c) the price submitted by the supplier or contractor for carrying out its proposal and the cost of operating, maintaining and repairing the proposed goods or construction.

(4) A request for proposals issued by a procuring entity shall include at least the following information:

(a) the name and address of the procuring entity;

(b) a description of the procurement need including the technical and other parameters to which the proposal must conform, as well as, in the case of procurement of construction, the location of any construction to be effected and, in the case of services, the location where they are to be provided;

(c) the criteria for evaluating the proposal, expressed in monetary terms to the extent practicable, the relative weight to be given to each such criterion, and the manner in which they will be applied in the evaluation of the proposal; and

(d) the desired format and any instructions, including any relevant timetables applicable in respect of the proposal.

(5) Any modification or clarification of the request for proposals, including modification of the criteria for evaluating proposals referred to in paragraph (3) of this article, shall be communicated to all suppliers or contractors participating in the request-for-proposals proceedings.

(6) The procuring entity shall treat proposals in such a manner so as to avoid the disclosure of their contents to competing suppliers or contractors.

(7) The procuring entity may engage in negotiations with suppliers or contractors with respect to their proposals and may seek or permit revisions of such proposals, provided that the following conditions are satisfied:

(a) any negotiations between the procuring entity and a supplier or contractor shall be confidential;

(b) subject to article 11, one party to the negotiations shall not reveal to any other person any technical, price or other market information relating to the negotiations without the consent of the other party;

(c) the opportunity to participate in negotiations is extended to all suppliers or contractors that have submitted proposals and whose proposals have not been rejected.

(8) Following completion of negotiations, the procuring entity shall request all suppliers or contractors remaining in the proceedings to submit, by a specified date, a best and final offer with respect to all aspects of their proposals.

(9) The procuring entity shall employ the following procedures in the evaluation of proposals:

(a) only the criteria referred to in paragraph (3) of this article as set forth in the request for proposals shall be considered;

(b) the effectiveness of a proposal in meeting the needs of the procuring entity shall be evaluated separately from the price;

(c) the price of a proposal shall be considered by the procuring entity only after completion of the technical evaluation.

(10) Any award by the procuring entity shall be made to the supplier or contractor whose proposal best meets the needs of the procuring entity as determined in accordance with the criteria for evaluating the proposals set forth in the request for proposals, as well as with the relative weight and manner of application of those criteria indicated in the request for proposals.


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