The commission may be payable by the procuring entity, the successful bidder or a combination of both.

UNPD and other Secretariat entities.

Such a broad delegation of authority enables heads of a procuring entity to formulate procurement rules on an ad hoc basis.

(1) Except as otherwise provided by this chapter, a procuring entity engaging in procurement of goods or construction shall do so by means of tendering proceedings.

Article 11. Record of procurement proceedings

Under those rules, substantial discretion as regards the conduct of procurement process is often given to the heads of procuring entities.

Such practice undermines the basic principle of segregation of responsibilities between the requisitioning and procurement entities and may create an appearance of conflict of interest.

The list is limited to the procurement conducted by federal entities.

In New Zealand, for example, heads of procuring entities are free to manage their departments' procurement operations.

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).

The procuring entity should therefore take steps to avoid running such a performance risk.

When reviewing tenders, procuring entities, it was said, should be allowed to seek justification of prices if they suspected abnormally low tenders.

(3) The procuring entity shall not accept a tender

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

The Model Law, for example, requires a procuring entity to include in the record of procurement proceedings a statement of the grounds and circumstances on which it relied to justify the use of non tendering methods (article 18 (4)) and any decision taken by a procuring entities in connection with suspension of procurement proceedings and grounds and circumstances therefore (article 56 (5)).

If a procuring entity wishes to use specialised software, for example, the Working Group may wish to provide that the procuring entity should provide it openly and without charge, and that the procuring entity should ensure that any electronic systems it uses are fully compatible (or interoperable) with those in common or general use.

(a) Where it is feasible for the procuring entity to formulate detailed , and precise and accurate specifications for the goods construction or services such that homogeneity in the procurement can be achieved

Consequently, the Working Group concluded that it would not be appropriate to require procuring entities to provide all software without charge, but that the Guide should provide that procuring entities should not use a charging facility to levy disproportionate charges or to restrict access to the procurement.

(iii) The procuring entity has included in the record of the procurement proceedings that it is required to maintain under article 11 the concerns as to the ability of the tenderer to perform the contract and the reasons therefore, and all communications between the procuring entity and the tenderer regarding those concerns.

2. If the procuring entity does not require the establishment of an independent legal entity, it shall require the following

If the successful bidder fails to enter into a procurement contract, one option is to allow the procuring entity to negotiate with other bidders.

UNPD, in addition to procuring for Headquarters entities, also supplies peacekeeping missions around the world.

Other delegations expressed the view that such decisions should not be taken other than by the procuring entity itself.

Article 11 of the Model Procurement Law requires the procuring entity to maintain a record of the procurement proceedings containing certain minimum information, and provides for that information to be made accessible.

(d) Should UNOPS and IAPSO be maintained as separate entities, UNDP should continue to cover the full costs of the inter agency services provided by IAPSO (para. 59)

The procuring entity may, however, require that tenders include such features.

In some systems, the identity is not disclosed to the procuring entity.

In some systems, an online tool has been developed that assists procuring entities to assess the suitability of ERA for an individual procurement.

(c ) Ways and means of strengthening collaboration and avoiding overlap between UNOPS procurement service and IAPSO, including the option of merging the two entities, while ensuring that, in the event of a merger, the inter agency services currently provided by IAPSO will be continued by a successor entity

(c) Ways and means of strengthening collaboration and avoiding overlap between the United Nations Office for Project Services (UNOPS) procurement service and IAPSO, including the option of merging the two entities, while ensuring that, in the event of a merger, the inter agency services currently provided by IAPSO will be continued by a successor entity

(d) Should UNOPS and IAPSO be maintained as separate entities, UNDP should continue to cover the full costs of the inter agency services provided by IAPSO (para. 59)

The Procurement Service was of the view that the requirement to establish local vendor review committees may in certain cases place an additional burden on some missions where staffing capacity is problematic.

In other systems, however, if the lowest bid is invalidated, the procuring entity has to reconduct ERA or adopt other methods of procurement.

Examines eight specific procurement cases.

(2) In any procurement by means of an electronic reverse auction, the procuring entity shall may engage in prequalification proceedings in accordance with article 7 .

In addition, generic and topic specific procurement handbooks and manuals are often prepared by central or local authorities, but could also be issued by procuring entities or agencies responsible for maintaining government procurement websites.

(ii) The procuring entity has taken account of the information supplied but continues to hold those concerns and

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.

Record of procurement proceedings

The conduct of procurement in some countries may also be regulated by internal memoranda, circulars, letters of information from ministers and instructions issued within ministries or procuring entities.

A procuring entity may conduct a price justification procedure in any procurement, including one conducted by means of an electronic reverse auction (which may be suspended for the purpose), and should set out all relevant information in the record of the procurement proceedings required to be maintained under article 11.

Encourages the Inter Agency Procurement Working Group to continue its efforts to produce comprehensive and generally applicable statistics encompassing the procurement activities of all United Nations entities

In this context, the lessons learned by IAPSO in its procurement reform could be more systematically shared with other entities located in the same place.

Encourages the Inter Agency Procurement Working Group to continue its efforts to produce comprehensive and generally applicable statistics encompassing the procurement activities of all United Nations entities

Usually, regulations provide flexibility to procuring entities with respect to the closure of the auction.