uncitral model law on procurement of goods, construction and services

UNCITRAL MODEL LAW ON PROCUREMENT OF GOODS, CONSTRUCTION AND SERVICES
with
Guide to Enactment PREAMBLE
CHAPTER I. GENERAL PROVISIONS
Article 1. Scope of application
Article 2. Definitions
Article 3. International obligations of this State relating to
procurement [and intergovernmental agreements within (this State)]
Article 4. Procurement regulations
Article 5. Public accessibility of legal texts
Article 6. Qualifications of suppliers and contractors
Article 7. Prequalification proceedings
Article 8. Participation by suppliers or contractors
Article 9. Form of communications
Article 10. Rules concerning documentary evidence provided by
suppliers or contractors
Article 11. Record of procurement proceedings
Article 12. Rejection of all tenders, proposals, offers or quotations
Article 13. Entry into force of the procurement contract
Article 14. Public notice of procurement contract awards
Article 15. Inducements from suppliers or contractors
Article 16. Rules concerning description of goods, construction or
services
Article 17. Language
CHAPTER II. METHODS OF PROCUREMENT AND THEIR CONDITIONS FOR USE
Article 18. Methods of procurement
Article 19. Conditions for use of two-stage tendering, request for
proposals or competitive negotiation
Article 20. Conditions for use of restricted tendering
Article 21. Conditions for use of request for quotations
Article 22. Conditions for use of single-source procurement
CHAPTER III. TENDERING PROCEEDINGS
SECTION I. SOLICITATION OF TENDERS AND OF APPLICATIONS TO
PREQUALIFY
Article 23. Domestic tendering
Article 24. Procedures for soliciting tenders or applications to
prequalify
Article 25. Contents of invitation to tender and invitation to
prequalify
Article 26. Provision of solicitation documents
Article 27. Contents of solicitation documents
Article 28. Clarifications and modifications of solicitation documents

SECTION II. SUBMISSION OF TENDERS
Article 29. Language of tenders
Article 30. Submission of tenders
Article 31. Period of effectiveness of tenders; modification and
withdrawal of tenders
Article 32. Tender securities

SECTION III. EVALUATION AND COMPARISON OF TENDERS
Article 33. Opening of tenders
Article 34. Examination, evaluation and comparison of tenders
Article 35. Prohibition of negotiations with suppliers or contractors
Article 36. Acceptance of tender and entry into force of procurement
contract
CHAPTER IV. PRINCIPAL METHOD FOR PROCUREMENT OF SERVICES
Article 37. Notice of solicitation of proposals
Article 38. Contents of requests for proposals for services
Article 39. Criteria for the evaluation of proposals
Article 40. Clarification and modification of requests for proposals
Article 41. Choice of selection procedure
Article 42. Selection procedure without negotiation
Article 43. Selection procedure with simultaneous negotiations
Article 44. Selection procedure with consecutive negotiations
Article 45. Confidentiality
CHAPTER V. PROCEDURES FOR ALTERNATIVE METHODS OF PROCUREMENT
Article 46. Two-stage tendering
Article 47. Restricted tendering
Article 48. Request for proposals
Article 49. Competitive negotiation
Article 50. Request for quotations
Article 51. Single-source procurement
CHAPTER VI. REVIEW
Article 52. Right to review
Article 53. Review by procuring entity (or by approving authority)
Article 54. Administrative review
Article 55. Certain rules applicable to review proceedings under
article 53 [and article 54]
Article 56. Suspension of procurement proceedings
Article 57. Judicial review

GUIDE TO ENACTMENT OF UNCITRAL MODEL LAW ON PROCUREMENT OF GOODS,
CONSTRUCTION AND SERVICES
INTRODUCTION
I. MAIN FEATURES OF THE MODEL LAW
II. ARTICLE-BY-ARTICLE REMARKS
PREAMBLE
CHAPTER I. GENERAL PROVISIONS
Article 1. Scope of application
Article 2. Definitions
Article 3. International obligations of this State relating to
procurement [and intergovernmental agreements within (this State)]
Article 4. Procurement regulations
Article 5. Public accessibility of legal texts
Article 6. Qualifications of suppliers and contractors
Article 7. Prequalification proceedings
Article 8. Participation by suppliers or contractors
Article 9. Form of communications
Article 10. Rules concerning documentary evidence provided by
suppliers or contractors
Article 11. Record of procurement proceedings
Article 12. Rejection of all tenders, proposals, offers or quotations
Article 13. Entry into force of the procurement contract
Article 14. Public notice of procurement contract awards
Article 15. Inducements from suppliers or contractors
Article 16. Rules concerning description of goods, construction or
services
Article 17. Language
CHAPTER II. METHODS OF PROCUREMENT AND THEIR CONDITIONS FOR USE
Article 18. Methods of procurement
Article 19. Conditions for use of two-stage tendering, request for
proposals or competitive negotiation
Article 20. Conditions for use of restricted tendering
Article 21. Conditions for use of request for quotations
Article 22. Conditions for use of single-source procurement
CHAPTER III. TENDERING PROCEEDINGS
SECTION I. SOLICITATION OF TENDERS AND OF APPLICATIONS TO PREQUALIFY
Article 23. Domestic tendering
Article 24. Procedures for soliciting tenders or applications to
prequalify
Article 25. Contents of invitation to tender and invitation to
prequalify
Article 26. Provision of solicitation documents
Article 27. Contents of solicitation documents
Article 28. Clarifications and modifications of solicitation documents
SECTION II. SUBMISSION OF TENDERS
Article 29. Language of tenders
Article 30. Submission of tenders
Article 31. Period of effectiveness of tenders; modification and
withdrawal of tenders
Article 32. Tender securities
SECTION III. EVALUATION AND COMPARISON OF TENDERS
Article 33. Opening of tenders
Article 34. Examination, evaluation and comparison of tenders
Article 35. Prohibition of negotiations with suppliers or contractors
Article 36. Acceptance of tender and entry into force of procurement
contract
CHAPTER IV. PRINCIPAL METHOD FOR PROCUREMENT OF SERVICES
Article 37. Notice of solicitation of proposals
Article 38. Contents of requests for proposals for services
Article 39. Criteria for the evaluation of proposals
Article 40. Clarification and modification of requests for proposals
Article 41. Choice of selection procedure
Article 42. Selection procedure without negotiation
Article 43. Selection procedure with simultaneous negotiations
Article 44. Selection procedure with consecutive negotiations
Article 45. Confidentiality
CHAPTER V. PROCEDURES FOR ALTERNATIVE METHODS OF PROCUREMENT
Article 46. Two-stage tendering
Article 47. Restricted tendering
Article 48. Request for proposals
Article 49. Competitive negotiation
Article 50. Request for quotations
Article 51. Single-source procurement
CHAPTER VI. REVIEW
Article 52. Right to review
Article 53. Review by procuring entity (or by approving authority)
Article 54. Administrative review
Article 55. Certain rules applicable to review proceedings under
article 53 [and 54]
Article 56. Suspension of procurement proceedings
Article 57. Judicial review

I. UNCITRAL MODEL LAW ON PROCUREMENT OF GOODS, CONSTRUCTION AND SERVICES *

Preamble
WHEREAS the [Government] [Parliament] of ... considers it desirable to
regulate procurement of goods, construction and services so as to promote
the objectives of:
(a) Maximizing economy and efficiency in procurement;
(b) Fostering and encouraging participation in procurement
proceedings by suppliers and contractors, especially where
appropriate, participation by suppliers and contractors
regardless of nationality, and thereby promoting international
trade;
(c) Promoting competition among suppliers and contractors for
the supply of the goods, construction or services to be
procured;
(d) Providing for the fair and equitable treatment of all
suppliers and contractors;
(e) Promoting the integrity of, and fairness and public
confidence in, the procurement process; and
(f) Achieving transparency in the procedures relating to
procurement,
Be it therefore enacted as follows.
________________________
* The UNCITRAL Model Law on Procurement of Goods, Construction and Services
was adopted by the United Nations Commission on International Trade Law
(UNCITRAL) at its twenty-seventh session, without thereby superseding the
UNCITRAL Model Law on Procurement of Goods and Construction, adopted by the
Commission at its twenty-sixth session. The present consolidated text
consists of the provisions found in the Model Law on Procurement of Goods
and Construction and provisions on procurement of services. The Commission
has also issued a Guide to Enactment of the UNCITRAL Model Law on
Procu