CHAPTER III. TENDERING PROCEEDINGS

Article 47. Restricted tendering

Competitive tendering should be

Article 46. Two stage tendering

How did the tendering happen?

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.

(Those provisions are incorporated by cross reference to chapter III of the Model Law in articles 46 (1) (two stage tendering) and 47 (3) (restricted tendering), and similar provisions are implied in article 48 (6) (request for proposals).

Article 20. Conditions for use of restricted tendering

46. No comments were made on articles 36 to 41, entitled Two stage tendering Restricted tendering Request for proposals Competitive negotiation Request for quotations and Single source procurement.

(4) Paragraphs 4 (a) and (b) allow for either open tendering principles to be adopted (that is, all qualified suppliers can participate), or limited tendering, such that only those bidders that have the best ranked bids are invited to participate.

41. No comments were made on articles 17 and 18, entitled Conditions for use of two stage tendering, request for proposals or competitive negotiation and Conditions for use of restricted tendering.

Competitive tendering should be encouraged when the situation in Somalia returns to normal.

Over that time the contracts have been renewed at periodic intervals without competitive tendering.

The Working Group may also wish to make an equivalent provision in two stage tendering.

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

Consequently, as tendering is the general procurement method for goods and construction, the provisions enable an electronic reverse auction procedure that follows the pattern of the standard tendering method, adapted to provide for an electronic reverse auction.

(c) The termination of the tendering proceedings without the entry into force of a procurement contract

(n) bis Where the tendering proceedings are to be conducted by way of an electronic reverse auction pursuant to article 47 bis, a statement to such effect, and

(1) The provisions of chapter III of this Law shall apply to two stage tendering proceedings except to the extent those provisions are derogated from in this article.

(f) Article 30 (2) (requiring entities to extend the tendering deadline when it makes changes to its requirements)

In 1993, ITC undertook a competitive tendering exercise for this contract, and has since selected a new contractor.

In none of the cases examined, irrespective of the financial commitment involved, was an open tendering process used.

(2) When the procuring entity engages in restricted tendering, it shall cause a notice of the restricted tendering proceeding to be published in ... (each enacting State specifies the official gazette or other official publication in which the notice is to be published).

(3) The provisions of chapter III of this Law, except article 24, shall apply to restricted tendering proceedings, except to the extent that those provisions are derogated from in this article.

(b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication

Some tendering services even divide types of business very finely in their own way, by CPV (Common Procurement Vocabulary) codes.

The tendering process for development of the software by an outside vendor is expected to be completed by October 2005.

Some analysts noted clear advantages of auctions with respect to transparency of the contract award process over the traditional tendering procedure.

106. It was suggested that the Guide should provide some examples of services that could be procured by means of tendering proceedings.

Lack of a proper procurement plan prevented ECA from pooling its requirements and tendering for bulk purchases and deriving consequential price benefits.

The programme includes modelling of electronic procurement phases such as electronic tendering, electronic awarding of contracts, electronic ordering, electronic invoicing and electronic catalogues.

As to its location, the Working Group may consider that the draft article should be presented as part of chapter II ( Methods of procurement and their conditions for use ) and, as a form of tendering, after the current article 19 ( Conditions for use of two stage tendering, requests for proposals or competitive negotiation ).

In tendering procedures, articles 33 (2) and (3) also provide for the opening of tenders in the presence of participants, and the provision of information to suppliers on the identity and price of other tenders, to enable suppliers to monitor the application of the rules, but only once the tendering phase is complete.

(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.

(1) The electronic reverse auction is to be conducted as a tendering procedure, and accordingly the provisions of chapter III of the Model Law apply unless they are inconsistent with the nature of an auction procedure.

The conduct of the auction itself would under the draft text below be governed by the principles and objectives of the rules governing tendering.

insert guidance regarding ranking of initial tenders see paragraph 23 above and guidance on use of open and restricted tendering see paragraph 24 above .

(d) bis Whether the tendering proceedings shall be conducted by way of an electronic reverse auction pursuant to article 47 bis and ter a

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The demonstrated benefits include a reduction in the cost of tendering and improved efficiency by eliminating individual tenders by agencies, thereby avoiding duplication of work.

(1) In tendering proceedings, acceptance of the tender and entry into force of the procurement contract shall be carried out in accordance with article 36.

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