(3) The procuring entity shall not accept a tender

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 countries, that authority is vested in the procuring entity itself.

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

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.

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

(1) quater The procuring entity should take account of the response supplied in evaluating the tenders.

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

Some systems impose special duties on a procuring entity with respect to the monitoring of ERA systems.

(3) The procuring entity may suspend the electronic reverse auction in the case of system or communications failures.

Other systems give the procuring entity the option of including, in addition to registration, a pre qualification step.

At that stage, a procuring entity may also have to deal with complaints and appeals by aggrieved bidders.

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

(1) ter Where an abnormally low tender is suspected, the procuring entity shall permit a supplier or contractor to justify the price tendered, by requesting in writing details of the constituent elements of the tender that the procuring entity considers relevant. Those details may include

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

If the number of suppliers or contractors qualified to participate in admitted to that have registered to participate in the auction falls below number is in the opinion of the procuring entity insufficient to ensure effective competition , the procuring entity shall withdraw the electronic reverse auction .

(1) bis. The procuring entity may stipulate in the solicitation documents the form that all communications with suppliers or contractors shall take, provided that the means of communication chosen by the procuring entity shall comply with the accessibility standards contained in article 4 bis or 5 bis .

(1) ter. The procuring entity may stipulate in the solicitation documents that tenders submitted under article 30 must be submitted in electronic form , provided that the means of submission chosen by the procuring entity shall comply with the accessibility standards contained in article article 4 bis or 5 bis .

(f) To include in the solicitation documents a statement to the effect that the procuring entity is not obligated to accept the lowest priced, or any tender, and that a procuring entity may carry out analyses of potential performance risk and prices submitted, perhaps in addition to qualification criteria

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

Similarly, paragraph 4 is designed to avoid the risk of abuse if communications between the procuring entity and bidders were enabled.

Details of the auction stage are not regulated but left to a procuring entity or a third party ERA service provider.

(1) quater. Without prejudice to the right of a procuring entity to stipulate the form of communications in the solicitation documents, the procuring entity shall not discriminate against or among suppliers or contractors on the basis of the form in which they transmit or receive documents, notifications, decisions or other communications.

In Brazil, ERAs can be conducted only by the reverse auctioneers who are employees of a procuring entity, accredited after special training.

In Australia, it is recommended that the notice state that the procuring entity is not bound by the results of the ERA.

Article 28(2) allows the procuring entity to modify the documents at any time prior to the deadline for submission of tenders.

(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.

The ERA process may be conducted by the procuring entity itself, using licensed software, or outsourced to a third party ERA service provider.

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

Proposed revisions to article 27 of the Model Law, to require the procuring entity to provide all relevant information in the solicitation documents

Likewise, national legislation may establish an appropriate framework for the function of the procuring entity during the remaining phases of the selection process.

The notice is to be published on the day the procuring entity awards or announces its decision to award the contract, whichever occurs first.

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

If a smaller number than anticipated is received, and if no effective competition can be expected, a procuring entity has to withdraw the ERA.

(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 .

(b) The procuring entity shall, on request, provide to the supplier or contractor a receipt showing the date and time when its tender was received.

The Austrian law adds to that a possibility of terminating an auction by a procuring entity if serious reasons objectively justify ( abortion of the auction ).

It is proposed to consider the desirability for the law to deal with those requirements directly or to refer this matter to the procuring entity.

However, to a certain degree national legislation may play an important role in providing guidance to the procuring entity with regard to all those aspects.

(4) (d) The procuring entity shall ensure that the number of suppliers or contractors invited to participate in the auction is sufficient to ensure effective competition.

However, an auction including non price criteria requires the procuring entity to develop a precise evaluation formula, which should, in the interests of transparency, be disclosed.

(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.

It was observed that the provision as drafted conferred a wide discretion on the procuring entity, and that at the same time the procuring entity was not required to reduce to writing the justification for its decision as to the means of communication chosen, nor to include that decision in the record of the procurement under article 11 of the Model Law.

(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.