Draft article 51 quater. Pre-auction procedures in procurement by means of restricted tendering, competitive negotiation or request for quotations(A/CN.9/WG. I/WP.51, paras. 35-37).
It was recalled that the 1994 Model Law contained provisions on competitive negotiations(article 49), but they were considered to be insufficiently regulated to ensure transparency and the equal treatment of participants.
A proposal to replace the first sentence with the phrase" a procuring entity may launch the competitive negotiation process by issuing a notice of RFI" was not accepted.
(…) Competitive negotiations must be concurrent(that is, by conducting negotiations separately but roughly simultaneously with every supplier or contractor qualified for competitive negotiations after the prequalification stage).
(…) The solicitation documents must set out the process by which the procuring entity will determine which suppliers or contractors will sufficiently meet the qualification criteria in order to pass into the competitive negotiation phase.
It was recalled that competitive negotiations were available for urgent procurement under article 27(2), as was single-source procurement under article 29(b).
在紧急情形中,采购实体使用竞争性谈判,虽然并不一定要登载此种通知,但还是可以选择这样做的。
The procuring entity will not be required to publish such a notice, but may still choose to do so, when competitive negotiations are used in situations of urgency.
For the explanation of the terms" submission"," supplier or contractor" and" competitive negotiations", see 83, 85 and 12 below[**hyperlinks**].
例如,在自然灾害或类似灾难之后的紧急情况下,《示范法》提供了两种方法:竞争性谈判和单一来源采购。
For example, in cases of urgency following a natural disaster or similar catastrophe, two methods are available under the Model Law: competitive negotiations and single-source procurement.
As noted in paragraph 64 above, the 2011 text largely eliminated the overlap in the 1994 conditions for use of two-stage tendering, request for proposals and competitive negotiations.
If alternative proposals are submitted, the contracting authority should invite all the proponents to competitive negotiations with a view to identifying the most advantageous proposal for carrying out the project(see paras. 103-105).
(b) What the procedure will consist of[here describe intended stages ending with competitive negotiations, including, if the procuring entity intends to limit the number of offerors, a statement to that effect];
Some listed procurement methods have names identical to their 1994 counterparts(restricted tendering, request for quotations, two-stage tendering, competitive negotiations and single-source procurement).
If alternative proposals are submitted, the contracting authority should invite all the proponents to competitive negotiations with a view to identifying the most advantageous proposal for carrying out the project.
The Commission might look into the lessons to be learned from the Model Law with respect, for example, to selection in the field of competitive negotiation with dialogue and other complex methods.
As regards subparagraph(b), the Working Group noted that the text would address the most urgent procurement, in which other methods such as competitive negotiation were impractical.
The procurement regulations must in particular discuss exceptions to the requirement to publish an advance notice of the procurement in the case of direct solicitation since they are pertinent to the conditions of use of competitive negotiations.
A new requirement for an advance notice(as described in… above) has been added to the 2011 text, save where the use of competitive negotiations is justified by urgent needs(see 2011 article 34(5) and(6)[**hyperlink**]).
竞争性谈判的程序.
Procedure for Competitive Negotiations.
第27条之二.竞争性谈判的使用条件.
Article 27 bis. Conditions for use of competitive negotiations.
English
Bahasa indonesia
日本語
عربى
Български
বাংলা
Český
Dansk
Deutsch
Ελληνικά
Español
Suomi
Français
עִברִית
हिंदी
Hrvatski
Magyar
Italiano
Қазақ
한국어
മലയാളം
मराठी
Bahasa malay
Nederlands
Norsk
Polski
Português
Română
Русский
Slovenský
Slovenski
Српски
Svenska
தமிழ்
తెలుగు
ไทย
Tagalog
Turkce
Українська
اردو
Tiếng việt