Opening of tenders

H. Electronic opening of tenders

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

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).

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

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 .

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).

Such opening may be achieved through an electronic information system, which would automatically release and open the tenders at the date and time provided in the solicitation documents, and automatically transmit the information that would usually be publicly announced at the opening of tenders.

The Working Group decided that the Model Law should include an enabling provision to permit the opening of electronic tenders.

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

(5) Where suppliers or contractors are permitted to follow the opening of the tenders through electronic means of communication used by the procuring entity in accordance with article 33 (4), they shall be deemed to have been permitted to be present at the opening of tenders in accordance with the requirements of article 33 (2).

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).

Without further provision, this procedure would apply to the opening of the initial tenders submitted under article 47 bis (3), and auction anonymity would be compromised.

For example, even automatic release and opening of tenders will require human authorization at some point, and individuals will have to be designated for that purpose.

(4) Where the procurement proceedings were conducted electronically in accordance with insert provisions dealing with electronic communications, reverse auctions and other fully automated procedures, if any , suppliers or contractors shall be deemed to have been permitted to be present at the opening of the tenders if they are allowed to follow the opening of the tenders through electronic means of communication used by the procuring entity.

Article 30. Submission of tenders

In tendering procedures, articles 33 (2) and (3) also provide for the opening of tenders in the presence of participants, and the provision of information to suppliers on the identity and price of other tenders, to enable suppliers to monitor the application of the rules, but only once the tendering phase is complete.

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.

Abnormally Low Tenders

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

Electronic submission of tenders, proposals and quotations

Tenders in the Civil Service

Thirdly, the authenticity of tenders must be established).

(iii) Electronic submission of tenders, proposals and quotations

Article 34. Examination, evaluation and comparison of tenders

In the light of the above, the Working Group may wish to include guidance to the opening of tenders electronically, setting out the solutions adopted to the matters discussed in paragraphs 29 and 30 above.

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

The Working Group considered the technical issues raised by the electronic opening of tenders, and the level of detail regarding those issues that should be set out in the revised Model Law and Guide to Enactment.

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

They did have those straightsided tenders.

(1) (a) The procuring entity may ask suppliers or contractors for clarifications of their tenders in order to assist in the examination, evaluation and comparison of tenders.

(1) The purpose of paragraph (1) is to enable the procuring entity to seek from suppliers or contractors clarifications of their tenders in order to assist in the examination, evaluation and comparison of tenders, while making it clear that this should not involve changes in the substance of tenders.

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

Proposed revisions to article 34. Examination, evaluation and comparison of tenders

(xiii) Registration of qualified suppliers from a wide geographical area public opening of tenders at designated dates and times while ensuring the confidentiality and security of tender documents prior to opening substantive contribution to the implementation of procurement training programmes for both Headquarters and field staff information technology support for procurement activities and implementation of other innovative means to increase efficiency in procurement.

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 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)

(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.

Do you believe his tenders , as you call them?

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.

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

However, the provision is still relevant in respect of other changes to tenders.