Proposed revision to article 18 of the Model Law, addressing methods of procurement

The delegation for peacekeeping procurement raises the level of delegation to 1 million for the procurement of core requirements , essential goods and services which by their nature, or owing to market conditions (e.g. prices fixed by legislation or government regulations), lend themselves to local procurement.

At the same time, opinions diverged as to whether IAPWG was adequately equipped or had the statutory authority to deepen cooperation and coordination within the international procurement community.

Proposed revision to article 11 of the Model Law, addressing the record of procurement proceedings

See, e.g., in China, the Shanghai Interim Measures for the Management of Online Public Procurement Bidding, articles 22 and 27 the Shenzhen City Interim Measures for the Management of Online Public Procurement Bidding, article 31 the Zhuhai City Interim Measures for the Management of Online Public Procurement Bidding, article 29 and the Hefei City Interim Measures for the Management of Online Public Procurement Bidding, article 25.

These include better procurement planning by requisitioning units, streamlining the procurement process in the Procurement Division and by the Headquarters Committee on Contracts and making necessary changes to the procurement framework, including regulations, rules and refinements in the Procurement Manual.

(2) In order to allow procuring entities in enacting States to take advantage of this new procurement method in an appropriate way, the Model Law has been revised so as expressly to authorize the use of electronic reverse auctions as a procurement method, but subject to the conditions set out in articles 19 bis, and 47 bis and ter.

Another reason why a procuring entity may not wish to award a contract to the successful bidder is because the price (or other terms) offered in the bid are so favourable to the entity that it considers that the bidder will not be able to fulfil to the contact on those terms (see, further, A CN.9 WG.I WP.36).

See the Zhejiang Province Interim Measures for the Management of Online Public Procurement Bidding, article 8 the Shanghai Interim Measures for the Management of Online Public Procurement Bidding, article 6 and the Xuzhou City Interim Measures for the Management of Online Public Procurement Bidding, article 8.

(On the other hand, references to laws and procurement regulations are also found in articles 27 (t) and 38 (s) of the Model Law that require the procuring entity to refer to the law, the procurement regulations and other laws and regulations directly pertinent to the procurement proceedings in the solicitation documents requests for proposals for services).

See the Shanghai Interim Measures for the Management of Online Public Procurement Bidding, article 19 and the Zhejiang Province Interim Measures for the Management of Online Public Procurement Bidding, article 22.

See, in China, the Shanghai Interim Measures for the Management of Online Public Procurement Bidding, article 22 the Shunyi District of Beijing Interim Measures for the Management of Online Public Procurement Bidding, article 20 and the Liuzhou City Rules of Implementation for Public Procurement through Online Procurement , article 22.

The recommendations contained in the OIOS report (A 50 945, annex) concerning procurement handled by the Contracts and Procurement Service have been addressed by the transfer of procurement responsibilities to the Procurement Division of the Department of Management.

See, e.g., the Shanghai Interim Measures for the Management of Online Public Procurement Bidding , article 6, and the Zhejiang Province Interim Measures for the Management of Online Public Procurement Bidding , article 8.

Moreover, IAPSO could additionally be enabled to sharpen its expertise in e procurement and make it available at low cost to other members of IAPWG, at least in order to preclude recourse to expensive external consultants.

Article 18. Methods of procurement

Subsequent chapters are reserved for agency acquisition regulations that implement or supplement FAR.

See, in China, the Shanghai Interim Measures for the Management of Online Public Procurement Bidding , article 19 and the Zhejiang Province Interim Measures for the Management of Online Public Procurement Bidding, article 22.

See, e.g., the Shanghai Interim Measures for the Management of Online Public Procurement Bidding, article 17 and the Interim Measures for the Management of Online Public Procurement Bidding of Shunyi District of Beijing, article 15.

Such a requirement is found in article 75(1) of the Public Procurement Law of Poland.

(d) bis. If the tender price is abnormally low in relation to the goods, construction or services to be procured, and raises concerns as to the ability of the tenderer to perform the contract, provided that

See, e.g., the Public Procurement Law of Poland (article 80(2)) and, in China, the Zhejiang Province Interim Measures for the Management of Online Public Procurement Bidding, article 22.

The Working Group reaffirmed its earlier decision that those conditions fall to be treated in general law on electronic commerce and not in procurement law, and consequently that the Model Law would not address them and that provisions regarding electronic communications would be included in the Model Law if the procurement context strictly required such provision.

(i) bis In procurement proceedings involving the use of a procurement method pursuant to article 19 bis, the fact that electronic reverse auction was held.

(vi) when the proposed procurement contract is for the purchase or lease of real property and market conditions do not allow for effective competition

At UNDP, procurement staff also receives training on legal aspects of procurement.

(l) Article 34 (3) (on tenders that the entity cannot accept) and

(1) ter. The procuring entity may stipulate in the solicitation documents that tenders submitted under article 30 must be submitted in electronic form , provided that the means of submission chosen by the procuring entity shall comply with the accessibility standards contained in article article 4 bis or 5 bis .

31. For all purchases, the project manager is required to sign the requisition as authorization of the procurement process and to confirm that funds are available.

Upon receipt of the application documents, the procurement centre will examine and decide, within the period of time set by law, whether to grant membership to the suppliers (see articles 7 9 of the Shanghai Interim Measures for the Management of Online Public Procurement Bidding and article 11 of the Interim Measures for the Management of Online Public Procurement Bidding of Shunyi District of Beijing).

Record of procurement proceedings

Article 11.

Public Procurement Code, article 56(3).

When the Model Law was prepared in the 1990s, the then Working Group worked on the basis that clear and readily accessible laws and regulations relating to procurement would promote transparency and create predictability and confidence in the procurement process.

The obligation on the procuring entity to be satisfied that the accessibility standards are met will be open to review under article 54, and the requirements of the record of the procurement proceedings to be maintained pursuant to article 11 will enable the procuring entity's decision and how it was arrived at to be reviewed.

Since the guidelines were apparently intended for suppliers rather than for procurement staff, they do not stipulate the ideal or generic qualifications required of procurement officials, desirable quality standards of the procurement process, or the responsibilities and modus operandi of contract review bodies, both at Headquarters and field duty stations.

See, e.g., article 22 of the Shanghai Interim Measures for the Management of Online Public Procurement Bidding.

(1) bis. The procuring entity may stipulate in the solicitation documents the form that all communications with suppliers or contractors shall take, provided that the means of communication chosen by the procuring entity shall comply with the accessibility standards contained in article 4 bis or 5 bis .

Proposed revisions to article 27 of the Model Law, to require the procuring entity to provide all relevant information in the solicitation documents

The Procurement Division was reorganized, procurement staff received training, the delegation of procurement authority has been adjusted and new procurement guidelines were finalized.

See also article 72 of the Public Procurement Law of the Republic of Montenegro requiring the publication of annual public procurement assessment reports.

The Procurement Division was reorganized, procurement staff received training, the delegation of procurement authority has been adjusted and new procurement guidelines were finalized.

In Australia, regulation is currently limited to policy documents, non statutory procurement guidelines and broad statutory provisions about electronic procurement.

The report's 10 recommendations therefore focused on enhancing the productivity of procurement services, through measures such as benchmarking practices increased training of procurement staff strengthening of common procurement services for co located organizations, especially in New York, Geneva, Vienna, Nairobi and field duty stations and the introduction of electronic procurement methods or e procurement.

Department of Development Support and Management Services procurement by the Contracts and Procurement Service A 50 945, annex