Article 30. Submission of tenders

(iii) Electronic submission of tenders, proposals and quotations

Electronic submission of tenders, proposals and quotations

(viii) The conditions under which the bidders will be able to bid and, in particular, any minimum differences in price or other features that will be required when bidding must be improved in any individual new submission during the auction and the time which the procuring entity will allow to elapse after receiving the last submission before closing the auction

(g) Article 30 (3) (extension of the deadline for submitting tenders)

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).

It is suggested that unlike in traditional sealed biddings where competitors have only one opportunity to bid, in ERAs, each bidder recognizes that it will have the option to provide successive bids and therefore has a little incentive to offer its best price and subsequently may never offer its best price.

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 .

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of a tender security), and article 32(2)(d) (which provides for the return of a tender security where the tender is withdrawn before the deadline for submission of tenders) also could therefore be made, as follows, with appropriate commentary in the Guide to Enactment.

(2) (d) The withdrawal of the tender prior to the deadline for the submission of tenders, or of initial tenders in the case of an electronic reverse auction procedure to be carried out in accordance with article 47 bis, unless the solicitation documents stipulate that no such withdrawal is permitted.

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.

The Working Group deferred its consideration of the accompanying Guide to Enactment text (A CN.9 WG.I WP.38 Add.1, paras.

All evaluation criteria are factored in a mathematical formula, which re ranks the tenderers on the submission of each bid.

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.

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

(3) Unless otherwise stipulated in the solicitation documents, a supplier or contractor may modify or withdraw its tender prior to the deadline for the submission of tenders, or of initial tenders in the case of an electronic reverse auction procedure to be carried out in accordance with article 47 bis and 47 ter, without forfeiting its tender security.

(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.

(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

1(f) (i) Withdrawal or modification of the tender after the deadline for submission of tenders, or of initial tenders in the case of an electronic reverse auction procedure to be carried out in accordance with articles 47 bis and 47 ter, or before the deadline if so stipulated in the solicitation documents

(4)(b) The successful tender shall be that submitted by a supplier that has been determined to be fully qualified to undertake the contract, and whose tender is

In the systems that recognize ERAs as an optional phase, all tenderers who submitted admissible tenders are invited to participate in the ERA.

Consequential changes to paragraph (3) of article 31, which permits the withdrawal or modification of tender securities prior to the deadline for the submission of tenders without forfeit of tender security could therefore be made, with appropriate commentary in the Guide to Enactment.

Submit Flags

(5) (a) Subject to subparagraph (b), A tender shall be submitted in writing, signed and in a sealed envelope (b) Without prejudice to the right of a supplier or contractor to submit a tender in the form referred to in subparagraph (a), a tender may alternatively be submitted in or in any other form specified in the solicitation documents, provided that the means of submission chosen by the procuring entity shall comply with the accessibility standards contained in article 4 bis or 5 bis

(d) Model complaints referral form.

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

(vi) The information that will be made available to bidders in the course of the auction and, where appropriate, how and when it will be made available

(v) If the award is to be based on the lowest evaluated tender, the formula to be used to quantify the non price features to be presented.

The most common procedure was the tendering method (adjudication), in which the contract was awarded to the tenderer offering the lowest price.

(3) Suppliers or contractors shall, prior to the auction, submit initial tenders that are complete in all respects, except that the tenders need not include the features that are to be presented through the auction.

If the Working Group considers that the solicitation documents should not be revised after the submission of initial tenders, article 28(2) could be amended to provide as follows

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.

25 In the case of Argentina, the Government firmly decided that there would be no further exchange offer on bonds not tendered.

(a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders

(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 .

Proposed additional text for the Model Law revisions to article 33 of the Model Law, to address the opening of tenders submitted electronically

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.

In procedures involving an electronic auction, some of these provisions apply to the initial tenders envisaged under paragraph 4 (a) of that draft article (that is, the tenders submitted and evaluated prior to the auction phase). The relevant articles include

Bidders may submit their applications for participation in this open tender before October 26 this year.

(j) The place and deadline for the submission of tenders or, if the tendering proceedings are to be conducted by way of an electronic reverse auction pursuant to article 47 bis and ter, the date and time of the opening of the electronic reverse auction.

No change in a matter of substance in the tender, including changes in price and changes aimed at making an unresponsive tender responsive, shall be sought, offered or permitted, except to the extent that elements of the tender are presented in an electronic reverse auction under article 47 bis and 47 ter.

Proposed additional text for the Model Law revisions to article 30 of the Model Law, to enable the submission of tenders in electronic form

Proposed additional text for the Guide to Enactment regarding article 30 of the Model Law, to enable the submission of tenders in electronic form

The author's mother filed a complaint at the police station on the same day.

Only those participants that submitted admissible tenders after an initial evaluation of the tenders will be admitted to ERAs.