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

(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

With respect to the proposed revisions to article 34 of the Model Law (Examination, evaluation and comparison of tenders) (A CN.9 WG.I WP.40 Add.1, paras.

Opening of tenders

In addition, only features of tenders that are quantifiable as price equivalents so as to allow for automatic evaluation during the auction itself may be presented through the auction.

(4) (a) The procuring entity shall carry out on an initial evaluation of tenders to determine responsiveness in accordance with article 34, and to assess all features of tenders that are not to be presented in the auction in accordance with the award criteria set and with the weighting fixed for them.

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.

Article 30. Submission of tenders

H. Electronic opening of tenders

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 .

Electronic submission of tenders, proposals and quotations

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

Tenders in the Civil Service

Thirdly, the authenticity of tenders must be established).

(iii) Electronic submission of tenders, proposals and quotations

(3) Paragraph 3 considers the contents of initial tenders.

(i) Article 33 (1) (opening of tenders at the deadline)

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.

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

The Working Group acknowledged the connection between the proposed revisions to article 31 (Period of effectiveness of tenders modification and withdrawal of tenders) (A CN.9 WG.I WP.40 Add.1, para.

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).

Finally, it was observed, many possible abnormally low tenders when closely examined would turn out to be non responsive tenders that would be rejected as such.

(j) Article 34 (1) (a) (possibility for asking for clarifications of tenders)

Electronic opening of tenders (A CN.9 WG.I WP.38 Add.1, paras.

(4) (b) Following the evaluation referred to in paragraph (4) (a), the procuring entity shall send an invitation to participate in the auction to all suppliers or contractors except for those whose tenders have been rejected under paragraph (4) (a) may send an invitation to participate in the auction to the tenders that have received the highest ranking in accordance with the preceding paragraph, subject to the provisions of paragraph (e) below .

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

(h) Article 30 (6) (requirement to return late tenders unopened)

Secondly, integrity the system should prevent any reading or alteration of the contents of tenders submitted before the time stipulated for opening (for example, by using encryption technologies, locking all tenders, ensuring that tenders cannot be decrypted before the scheduled opening time, ensuring that only authorized persons can set or change the opening time, perhaps requiring two authorized persons).

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.

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

(3) ter. Systems for the electronic receipt of tenders must ensure at a minimum that

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

A provision disapplying article 33 (2) and (3) could, alternatively, be placed instead in the paragraph dealing with the initial evaluation of tenders, but as its importance relates to the conduct of the electronic reverse auction, the Working Group may consider that it is better located within draft article 47 ter.

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

Abnormally low tenders (A CN.9 WG.I WP.40 Add.1, paras.

(f) Only two authorized persons may set or change 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

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

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

Paragraph 4 (a) of the draft article presents as an option that the procuring entity is to 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.

Alternatively, authorized persons may open tenders on line and publish the relevant information.

(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

(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.

The electronic opening of tenders may require security related controls additional to those for other electronic procurement.

As regards the electronic opening of tenders, the Working Group requested the Secretariat to provide drafting material for its consideration with respect to article 33 to accommodate any system for opening tenders, whether electronic or traditional (A CN.9 575, para. 42).

First, security tenders must be protected from unauthorized access or interference (for example, via firewalls).