It was observed that the UNCITRAL Model Law on Procurement of Goods, Construction and Services (the Model Law ) contained procedures aimed at achieving competition, transparency, fairness, economy and efficiency in the procurement process and that it had become an important international benchmark in procurement law reform.

Proposed draft text for the revised Model Procurement Law to accommodate the use of electronic communications during the procurement process

The background to the current work of Working Group I (Procurement) on the revision of the UNCITRAL Model Law on Procurement of Goods, Construction and Services (the UNCITRAL Model Procurement Law or the Model Law ) is set out in paragraphs 5 to 34 of document A CN.9 WG.I WP.37.

(l) UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)

C. UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)

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

In September, Chairman Bryant signed into law the Act creating the Public Procurement and Concessions Commission, which contains provisions aimed at improving government procurement procedures.

Possible revisions to the UNCITRAL Model Law on Procurement of Goods, Construction and Services issues arising from the use of electronic communications in public procurement

Possible revisions to the UNCITRAL Model Law on Procurement of Goods, Construction and Services drafting materials addressing the use of electronic communications in public procurement

Possible revisions to the UNCITRAL Model Law on Procurement of Goods, Construction and Services issues arising from the use of electronic communications in public procurement

Electronic publication of procurement related information study of national, regional and international practices with the publication of procurement related information not covered by the Model Law

Possible revisions to the UNCITRAL Model Law on Procurement of Goods, Construction and Services drafting materials for the use of electronic reverse auctions in public procurement

The Working Group acknowledged the importance of appropriate procurement planning and contract administration for overall effective functioning of procurement and fulfilling the objectives of the Model Law.

Although most aspects of ERAs are to be addressed in procurement laws and regulations, the introduction of this electronic purchasing method in public procurement may necessitate adjustments in other relevant branches of law, such as competition and general public administration law.

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

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 passage of the Bosnia and Herzegovina Law on Public Procurement in September will put in place uniform procurement regulations for all levels of government in Bosnia and Herzegovina.

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.

(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).

Turning to the question of procurement, he said that, in 2004, Working Group I had begun its consideration of novel issues in the area of public procurement with a view to updating the Model Law on Procurement of Goods, Construction and Services.

Publication of procurement related information not covered by the Model Law study of national, regional and international practices

Consideration of proposals for the revision of the UNCITRAL Model Law on Procurement of Goods, Construction and Services

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.

At its thirty seventh session, in 2004, the United Nations Commission on International Trade Law (the Commission ) entrusted the drafting of proposals for the revision of the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Services (the Model Law , A 49 17 and Corr.1, annex I) to its Working Group I (Procurement).

As regards suspension of procurement proceedings, the publication of the notice to that effect is required for instance under article 6.3 of the Law on Public Procurement of the Republic of Lithuania, No.

Nor did it substantially consider the publication of information on procurement contract awards (article 14 of the Model Law).

It was keenly aware of the work of the Working Groups on Arbitration and Conciliation, Transport Law and Procurement.

See Arrowsmith S., Electronic reverse auctions under the EC public procurement rules current possibilities and future prospects, 11 Public Procurement Law Review, No. 6, 2002, pp. 299 330 (originally prepared for Achilles Information Ltd.).

Guide to Enactment of the UNCITRAL Model Law on Procurement of Goods, Construction and Services, remarks to article 30, para.

Generally, applicable provisions of procurement law may apply, for instance suspension may be ordered by a court or supervisory authority.

See, e.g., the Public Procurement Law of Poland, article 75(2) and Purchase Contract Awards Act 2002 of Austria, para.

Proposed additional text for the Model Law revisions to article 11 of the Model Law, to enable the maintenance of the record of the procurement proceedings in any form

See Kennedy Loest C. and Kelly R., EC competition law rules and electronic reverse auctions a case for concern? , 2003, 12 Public Procurement Law Review, No. 1, p. 29.

(g) Recent developments in the area of public procurement issues arising from recent experience with the UNCITRAL Model Law on Procurement of Goods, Construction and Services note by the Secretariat (A CN.9 WG.I WP.32).

See Kennedy Loest C. and Kelly R., EC competition law rules and electronic reverse auctions a case for concern? , 2003, 12 Public Procurement Law Review, No. 1, pp. 28 30.

It decided to entrust the drafting of proposals for the revision of the Model Law to its Working Group I (Procurement).

The commentary to the article in the Guide to Enactment also states that the article is intended to promote transparency in the laws, regulations and other legal texts relating to procurement by requiring public accessibility to those legal texts. Legal texts listed in article 5 are this Law, procurement regulations and administrative rulings and directives of general application in connection with procurement covered by this Law, and all amendments thereof.

An obligation may explicitly be imposed by law on an entity posting texts regulating public procurement to keep them up to date.

See Purchase Contract Awards Act 2002 of Austria, para. 116.10(4) and article 79(2) of the Public Procurement Law of Poland.

(i) Possible revisions to the UNCITRAL Model Law on Procurement of Goods, Construction and Services issues arising from the use of electronic communications in public procurement Comparative study of practical experience with the use of electronic (reverse) auctions in public procurement note by the Secretariat (A CN.9 WG.I WP.35 and Add.1)

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.

It also welcomed the focus of the Working Group on Procurement on matters of authentication and registration through the Internet of tender management systems in the context of its revision of the Model Law on Procurement of Goods, Construction and Services.

Other delegations noted that the decision had been taken on the basis that allowing electronic reverse auctions as a phase in other procurement methods would undermine the principle of tendering that was the preferred procurement method under the Model Law.

(h) Possible revisions to the UNCITRAL Model Law on Procurement of Goods, Construction and Services issues arising from the use of electronic communications in public procurement note by the Secretariat (A CN.9 WG.I WP.34 and Add.1 and 2)

Procurement regulations are defined in article 4 of the Model Law as those to be promulgated by an authorized organ to fulfil the objectives and to carry out the provisions of the Law.