Opening 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.

Tenders in the Civil Service

Article 30. Submission of tenders

H. Electronic opening of tenders

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

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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 .

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

Electronic submission of tenders, proposals and quotations

Thirdly, the authenticity of tenders must be established).

(iii) Electronic submission of tenders, proposals and quotations

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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.

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

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

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

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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.

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

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

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(ii) Inviting industry to pledge to the fund

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).

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.

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

(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.

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2.2 Inviting observers from Member States to military exercises.

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

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

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).

(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.

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

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.

(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

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

(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

(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

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