(iii) Electronic submission of tenders, proposals and quotations

Electronic submission of tenders, proposals and quotations

Electronic submission of tenders, proposals and quotations (A CN.9 WG.I WP.38 Add.1, paras.

1. Where consortia are allowed to submit tenders proposals , the solicitation of tenders request for proposals may provide that the procuring entity has the option to require that, if selected, the consortium must establish an independent legal entity prior to the signature of the project agreement.

See, e.g., article 12 (3) of the Model Law which provides that the notice of the rejection of all tenders, etc., shall be given promptly to all suppliers or contractors that submitted tenders, proposals, offers or quotations.

1. The successful tenderer proposer shall, within ... days from the award of the concession, establish the company with which the project agreement will be entered into.

3. Investment promotion and suggested measures to further development objectives

It was also suggested that unsolicited proposals should meet acceptable technical and quality standards in order to be considered by the awarding authority.

Accordingly, it was proposed that the Secretariat revise the provision to provide that a tender must be submitted in the form as required in the solicitation documents.

The Guide to Enactment refers to additional rules and techniques that might be needed, for instance to guard the confidentiality of tenders and prevent opening' of the tenders prior to the deadline for submission of tenders .

The bid was recommended by the Committee.

As to the four criteria of safety, liquidity, profitability and convertibility, they were interrelated and all four were taken into account in deciding on the investment recommendations made to the Secretary General.

Article 34. Examination, evaluation and comparison of tenders

158. It was suggested that paragraph 70 should clearly recommend the submission of tender securities by project consortia.

The procuring entity shall rank the tenders on the basis of the features of tenders that are not to be presented in the auction in accordance with the award criteria.

Article 30. Submission of tenders

Article 30 (5)(b) provides that the form of any tender should provide a record of the content of the tender and at least a similar degree of authenticity, security and confidentiality as one submitted in writing, signed and in a sealed envelope.

(d) No person can have access to a tender prior to the time and date specified in the solicitation documents, or any extension thereto as the deadline for submission of tenders, and at which tenders are to be opened

161. It was suggested that, where a two stage procedure had been used to request proposals, the awarding authority should also have the right to reject proposals that were found to deviate grossly from the first request for proposals.

Proposed additional text for the Guide to Enactment regarding the opening of tenders submitted electronically

Enacting States or procuring entities may consider that the submission of tenders in non traditional forms would necessitate elaboration of special rules and techniques to guard the confidentiality of tenders and to prevent opening of the tenders prior to the deadline for submission of tenders, and to deal with other issues that might arise when a tender is submitted other than in writing (e.g., the form that the tender security would take).

(1) (a) The procuring entity may ask suppliers or contractors for clarifications of their tenders in order to assist in the examination, evaluation and comparison of tenders.

(d) formal methods of solicitation, utilizing invitations to bid or requests for proposals on the basis of advertisement or direct solicitation of invited suppliers or informal methods of solicitation, such as requests for quotations.

The Investments Committee followed clearly defined guidelines and objectives investment decisions would also continue to take into account suggestions and observations made by the Board and the General Assembly.

Recommendation The secretariat should continue the preparation of IPRs and strengthen the process for the implementation of the recommendations.

Landlord of building for rent free period (see pages 4 5 of Canadian offer and sections 5 to 8 of quot Details concerning the Montreal bid quot distributed to delegations at INCD IX)

20. Requests the Secretary General to ensure that all expression of interest notices issued by the construction manager and all related contract awards are posted on the capital master plan website

Articles 36 (2)(a) and (b) of the Model Law provide that the solicitation documents may require the supplier or contractor whose tender has been accepted to sign a written procurement contract conforming to the tender.

(c) The exact time and date of the receipt of tenders can be established

Meeting of Experts on Investment Promotion 15 17 September

Expert Meeting on Investment Promotion and Development Objectives

Consequential changes to article 32(1) (which refers to withdrawal of the tender before the deadline for submission tenders as being one of the permitted purposes of a tender security), and article 32(2)(d) (which provides for the return of a tender security where the tender is withdrawn before the deadline for submission of tenders) also could therefore be made, as follows, with appropriate commentary in the Guide to Enactment.

(7) Where appropriate, any reference to a tender in the Model Law the reference to a tender in articles see paragraphs 33 and 34 below shall be read to include a reference to an initial tender submitted in a procedure involving an electronic reverse auction.

It was also observed that the question of tender securities might need specific provision, in the light of the experience of certain delegations and observers that tender securities remained paper based documents, and simultaneous submission with electronic tenders might not be possible.

(1) The purpose of paragraph (1) is to enable the procuring entity to seek from suppliers or contractors clarifications of their tenders in order to assist in the examination, evaluation and comparison of tenders, while making it clear that this should not involve changes in the substance of tenders.

Applying the principle of functional equivalence to the electronic submission of tenders, electronic tenders require the same legal value as tenders submitted in writing, signed and in a sealed envelope.

(i) If features of tenders other than price have been used in the initial evaluation, the results of the initial evaluation of the invitee's own tender

37. The Secretariat concurs with the recommendation on revised performance standards.

Thirdly, the authenticity of tenders must be established).

(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).

138. It was suggested that paragraph 22 should mention that awarding authorities typically required that the bidders submit sufficient evidence that the technical solutions proposed had been previously tested and satisfactorily met internationally acceptable safety and other standards.

The proposed revisions would enable the procuring entity to insist on the submission of tenders in electronic format, by removing the previous option for a supplier to submit its tender in a sealed envelope.

The Good Governance in Investment Promotion programme, the linkages programme, the Invest in Peace initiatives and the Blue Books were all designed to help countries in their efforts to implement the IPRs' recommendations.

Provisions governing the steps that follow the prequalification of tenderers or proposers are suggested to be considered in the following subsection.

(e) The means used to send and receive electronic communications should enable the time of receipt of documents to be established, if the time of receipt is significant in applying the rules of the procurement process (for example, the submission of requests to participate and tenders proposals) and