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

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.

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

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.

Opening of tenders

Abnormally Low Tenders

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

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

In the systems that recognize ERAs as an optional phase, all tenderers who submitted admissible tenders are invited to participate in the ERA.

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).

Model 1, in which all aspects of tenders that are to be compared in selecting the winning supplier are submitted through the ERA itself.

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).

Tenders in the Civil Service

Article 30. Submission of tenders

H. Electronic opening of tenders

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.

The Working Group also noted that the provisions of article 27 (Contents of solicitation documents) should include an obligation on the part of the procuring entity to set out in those documents the form in which tenders should be submitted, with appropriate cross references to the functional equivalence provisions, so as to encompass all forms in which tenders might be submitted.

They did have those straightsided tenders.

Electronic submission of tenders, proposals and quotations

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.

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 Model 1, all aspects of tenders that were to be compared in selecting the winning supplier, and which could be the price alone, would be submitted through the auction itself.

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

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.

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

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

(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.

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

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

Proposed revisions to article 34. 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.

(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 .

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.

(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.

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.

The fourth call for tenders is currently under way and the most up to date information on the level of participation by women corresponds to activities under the second call for tenders.

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.

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