Comparison of 1994 Model Law and 2011 Model Law PRINT E-mail

Changes made to the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Services.


Contents



I. Table of concordance between the 2011 Model Law and the 1994 Model Law

II. Table of concordance between the 1994 Model Law and the 2011 Model Law (excluding new provisions)



 

 

I. Table of concordance between the 2011 Model Law and the 1994 Model Law

 

Article of the 2011 Model Law

Relevant provisions of the 1994 Model Law

Preamble Preamble
Chapter I.
General provisions

Articles 1-26
CHAPTER I.
GENERAL PROVISIONS

Article 1. Scope of application Article 1. Scope of application
Article 2. Definitions Article 2. Definition
Article 3. International obligations of this State relating to procurement [and intergovernmental agreements within [this State]] Article 3. International obligations of this State relating to procurement [and intergovernmental agreements within (this State)]
Article 4. Procurement regulations Article 4. Procurement regulations
Article 5. Publication of legal texts Article 5. Public accessibility of legal texts
Article 6. Information on possible forthcoming procurement New provisions
Article 7. Communications in procurement Article 9. Form of communications
Article 8. Participation by suppliers or contractors Article 8. Participation by suppliers or contractors
Article 9. Qualifications of suppliers and contractors

Article 6. Qualifications of suppliers and contractors

Article 7.
Prequalification proceedings
(para. (8))

Article 10. Rules concerning documentary evidence provided by suppliers or contractors
Article 10. Rules concerning description of the subject matter of the procurement and the terms and conditions of the procurement contract or framework agreement Article 16. Rules concerning description of goods, construction or services

Article 11. Rules concerning evaluation criteria and procedures

New provisions based on the 1994 text
(1994 articles 27 (e), 34 (4), 38 (m), 39 and
48 (3))
Article 12. Rules concerning estimation of the value of procurement New provisions

Article 13. Rules concerning the language of documents

Article 17. Language

Article 29. Language of tenders
Article 14. Rules concerning the manner, place and deadline for presenting applications to pre-qualify or applications for pre-selection or for presenting submissions New provisions based on the 1994 text
(1994 articles 7 (3)(a)(iv) and 30 (1) to (4))

Article 15. Clarifications and modifications of solicitation documents Article 28. Clarifications and modifications of solicitation documents
Article 16. Clarification of qualification information and of submissions New provisions, based in part on
paragraph (1) of 1994 article 34
Article 17. Tender securities Article 32. Tender securities
Article 18. Pre-qualification proceedings

Article 7.
Prequalification proceedings

Also provisions related to pre-qualification of articles 23, 24 and 25
Article 19. Cancellation of the procurement

Article 12. Rejection of all tenders, proposals, offers or quotations
Article 20. Rejection of abnormally low submissions New provisions
Article 21. Exclusion of a supplier or contractor from the procurement proceedings on the grounds of inducements from the supplier or contractor, an unfair competitive advantage or conflicts of interest Article 15. Inducements from suppliers or contractors
Article 22. Acceptance of the successful submission and entry into force of the procurement contract

Article 13. Entry into force of the procurement contract

Article 36. Acceptance of tender and entry into force of procurement contract
Article 23. Public notice of the award of a procurement contract or framework agreement Article 14. Public notice of procurement contract awards
Article 24. Confidentiality Articles 34 (8), 45, 48 (7) and 49 (3)
Article 25. Documentary record of procurement proceedings Article 11. Record of procurement proceedings, and article 34 (8)
Article 26. Code of conduct New provisions
Chapter II.

Methods of procurement and their conditions for use; solicitation and notices of the procurement

Articles 27-35
CHAPTER II.

METHODS OF PROCUREMENT AND THEIR CONDITIONS FOR USE

Section I.

Methods of procurement and their conditions for use

Articles 27-32


Article 27. Methods of procurement New provisions
Article 28. General rules applicable to the selection of a procurement method Article 18. Methods of procurement

Article 29. Conditions for the use of methods of procurement under chapter IV of this Law (restricted tendering, request for quotations and request for proposals without negotiation) Articles 20 and 21

Article 30. Conditions for the use of methods
of procurement under chapter V of this Law (two-stage tendering, request for proposals
with dialogue, request for proposals with consecutive negotiations, competitive negotiations and single-source procurement)
Articles 19 and 22

Article 31. Conditions for use of an electronic reverse auction New provisions

Article 32. Conditions for use of a framework agreement procedure New provisions
Section II.

Solicitation and notices of the procurement

Articles 33-35
New provisions based on various provisions of the 1994 Model Law

Article 33. Solicitation in open tendering, two-stage tendering and procurement by means of an electronic reverse auction Article 24. Procedures for soliciting tenders or applications to prequalify

Article 34. Solicitation in restricted tendering, request for quotations, competitive negotiations and single-source procurement: requirement for an advance notice of the procurement Articles 47 (1) and (2), 49 (1), 50 (1) and 51

Article 35. Solicitation in request-for-proposals proceedings Articles 37 and 48 (1) and (2)
Chapter III.

Open tendering

Articles 36-44
CHAPTER III.

TENDERING PROCEEDINGS

Section I.

Solicitation of tenders

Articles 36-39


Article 36. Procedures for soliciting tenders

Article 24. Procedures for soliciting tenders or applications to prequalify
Article 37. Contents of invitation to tender

Article 25. Contents of invitation to tender and invitation to prequalify (para. (1))
Article 38. Provision of solicitation documents Article 26. Provision of solicitation documents
Article 39. Contents of solicitation documents Article 27. Contents of solicitation documents
Section II.

Presentation of tenders

Articles 40-41


Article 40. Presentation of tenders Article 30. Submission of tenders (paras. (5) and (6))
Article 41. Period of effectiveness of tenders; modification and withdrawal of tenders Article 31. Period of effectiveness of tenders; modification and withdrawal of tenders
Section III.

Evaluation of tenders

Articles 42-44


Article 42. Opening of tenders Article 33. Opening of tenders
Article 43. Examination and evaluation of tenders Article 34. Examination, evaluation and comparison of tenders (paras. (2) to (7))
Article 44. Prohibition of negotiations with suppliers or contractors Article 35. Prohibition of negotiations with suppliers or contractors
Chapter IV.

Procedures for restricted tendering, request for quotations and request for proposals without negotiation

Articles 45-47
Chapter IV, article 42 and other relevant provisions; and chapter V, articles 47 and 50

Article 45. Restricted tendering Article 47. Restricted tendering
Article 46. Request for quotations Article 50. Request for quotations
Article 47. Request for proposals without negotiation Article 42. Selection procedure without negotiation, and other relevant provisions of chapter IV. Principal method for procurement of services
Chapter V.

Procedures for two-stage tendering, request for proposals with dialogue, request for proposals with consecutive negotiations, competitive negotiations and single-source procurement

Articles 48-52
Chapter IV, articles 43 and 44 and other relevant provisions; chapter V, articles 46, 48, 49 and 51
Article 48. Two-stage tendering

Article 46.
Two-stage tendering
Article 49. Request for proposals with dialogue

Article 43. Selection procedure with simultaneous negotiations

Article 48. Request for proposals
Article 50. Request for proposals with consecutive negotiations Article 44. Selection procedure with consecutive negotiations
Article 51. Competitive negotiations Article 49. Competitive negotiation
Article 52. Single-source procurement Article 51. Single-source procurement
Chapter VI.

Electronic reverse auctions

Articles 53-57
New provisions

Article 53. Electronic reverse auction as a
stand-alone method of procurement


Article 54. Electronic reverse auction as a phase preceding the award of the procurement contract

Article 55. Registration for the electronic reverse auction and the timing of the holding of the auction

Article 56. Requirements during the electronic reverse auction

Article 57. Requirements after the electronic reverse auction
Chapter VII.

Framework agreement procedures

Articles 58-63
New provisions

Article 58. Award of a closed framework agreement
Article 59. Requirements for closed framework agreements
Article 60. Establishment of an open framework agreement
Article 61. Requirements for open framework agreements
Article 62. Second stage of a framework agreement procedure
Article 63. Change during the operation of a framework agreement
Chapter VIII.

Challenge proceedings

Articles 64-69
CHAPTER VI. REVIEW

Article 64. Right to challenge and appeal Article 52. Right to review
Article 65. Effect of a challenge New provisions
Article 66. Application for reconsideration before the procuring entity

Article 53. Review by procuring entity (or
by approving authority); Article 55. Certain
rules applicable to review proceedings under article 53 [and article 54], paras. (1) and (3); and

Article 56. Suspension of procurement proceedings
Article 67. Application for review before an independent body

Article 54. Administrative review; Article 55. Certain rules applicable to review proceedings under article 53 [and article 54], paras. (1)
and (3); and

Article 56. Suspension of procurement proceedings
Article 68. Rights of participants in challenge proceedings

Article 55. Certain rules applicable to review proceedings under article 53 [and article 54], para. (2)
Article 69. Confidentiality in challenge proceedings

Article 55. Certain rules applicable to review proceedings under article 53 [and article 54] (para. (3), last sentence)




Table of concordance between the 1994 Model Law and the 2011 Model Law

(excluding new provisions)




Article of the 1994 Model Law Relevant provisions of the 2011 Model Law
CHAPTER I.

General provisions
Chapter I.

General provisions
Article 1. Scope of application Article 1. Scope of application
Article 2. Definitions Article 2. Definitions
Article 3. International obligations of this State relating to procurement [and intergovernmental agreements within (this State)] Article 3. International obligations of this State relating to procurement [and intergovernmental agreements within [this State]]
Article 4. Procurement regulations Article 4. Procurement regulations
Article 5. Public accessibility of legal texts Article 5. Publication of legal texts
Article 6 Qualifications of suppliers and contractors Article 9. Qualifications of suppliers and contractors
Article 7. Prequalification proceedings

Paragraph (3)(a)(iv)






Paragraph (8)
Article 18. Pre-qualification proceedings

Article 14. Rules concerning the manner, place and deadline for presenting applications to
pre-qualify or applications for pre-selection
or for presenting submissions



Article 9. Qualifications of suppliers and contractors (para. (8)(d))
Article 8. Participation by suppliers or contractors Article 8. Participation by suppliers or contractors
Article 9. Form of communications Article 7. Communications in procurement
Article 10. Rules concerning documentary evidence provided by suppliers or contractors Article 9. Qualifications of suppliers and contractors (para. (7))

Article 11. Record of procurement proceedings Article 25. Documentary record of procurement proceedings
Article 12. Rejection of all tenders, proposals, offers or quotations Article 19. Cancellation of the procurement
Article 13. Entry into force of the procurement contract Article 22. Acceptance of the successful submission and entry into force of the procurement contract
Article 14. Public notice of procurement contract awards

Article 23. Public notice of the award of a procurement contract or framework agreement
Article 15. Inducements from suppliers or contractors



Article 21. Exclusion of a supplier or contractor from the procurement proceedings on the grounds of inducements from the supplier or contractor, an unfair competitive advantage or conflicts of interest
Article 16. Rules concerning description of goods, construction or services

Article 10. Rules concerning description of the subject matter of the procurement, and the terms and conditions of the procurement contract or framework agreement
Article 17. Language Article 13. Rules concerning the language of documents
CHAPTER II.

METHODS OF PROCUREMENT
AND THEIR CONDITIONS FOR
USE
Chapter II.

Methods of procurement and their conditions for use; solicitation and notices of the procurement

Article 18. Methods of procurement Article 28. General rules applicable to the selection of a procurement method
Article 19. Conditions for use of two-stage tendering, request for proposals or competitive negotiation Article 30. Conditions for the use of methods
of procurement under chapter V of this Law (two-stage tendering, request for proposals
with dialogue, request for proposals with consecutive negotiations, competitive negotiations and single-source procurement)
Article 20. Conditions for use of restricted tendering Article 29. Conditions for the use of methods of procurement under chapter IV of this Law (restricted tendering, request for quotations and request for proposals without negotiation)
Article 21. Conditions for use of request for quotations

Article 29. Conditions for the use of methods of procurement under chapter IV of this Law (restricted tendering, request for quotations and request for proposals without negotiation)
Article 22. Conditions for use of single-source procurement

Article 30. Conditions for the use of methods
of procurement under chapter V of this Law (two-stage tendering, request for proposals
with dialogue, request for proposals with consecutive negotiations, competitive negotiations and single-source procurement)
CHAPTER III.

TENDERING PROCEEDINGS
Chapter III.

Open tendering
SECTION I. SOLICITATION OF TENDERS AND OF APPLICATIONS TO PREQUALIFY Section I. Solicitation of tenders

Article 23. Domestic tendering

Article 33. Solicitation in open tendering,
two-stage tendering and procurement by means of an electronic reverse auction (para. (4))
Provisions related to pre-qualification in:

Article 24. Procedures for soliciting tenders or applications to prequalify and Article 25. Contents of invitation to tender and invitation to prequalify



Other provisions from these articles
Article 18. Pre-qualification proceedings







Article 36. Procedures for soliciting tenders

Article 37. Contents of invitation to tender
Article 26. Provision of solicitation documents Article 38. Provision of solicitation documents
Article 27. Contents of solicitation documents Article 39. Contents of solicitation documents
Articles 28. Clarifications and modifications of solicitation documents Article 15. Clarifications and modifications
of solicitation documents
SECTION II. SUBMISSION OF TENDERS Section II. Presentation of tenders
Article 29. Language of tenders Article 13. Rules concerning the language of documents
Article 30. Submission of tenders

Paragraphs (1) to (4)




Paragraphs (5) and (6)


Article 14. Rules concerning the manner, place and deadline for presenting applications to
pre-qualify or applications for pre-selection
or for presenting submissions

Article 40. Presentation of tenders
Article 31. Period of effectiveness of tenders; modification and withdrawal of tenders Article 41. Period of effectiveness of tenders; modification and withdrawal of tenders
Article 32. Tender securities Article 17. Tender securities
SECTION III. EVALUATION AND COMPARISON OF TENDERS

Section III. Evaluation of tenders

Article 33. Opening of tenders Article 42. Opening of tenders
Article 34. Examination, evaluation and comparison of tenders

Paragraph (1)



Paragraphs (2) to (7)


Paragraph (8)


Article 16. Clarification of qualification information and of submissions


Article 43. Examination and evaluation of tenders


Article 24. Confidentiality, and article 25. Documentary record of procurement proceedings (confidentiality-related provisions)
Article 35. Prohibition of negotiations with suppliers or contractors

Article 44. Prohibition of negotiations with

suppliers or contractors

Article 36. Acceptance of tender and entry into force of procurement contract Article 22. Acceptance of the successful submission and entry into force of the procurement contract
CHAPTER IV.
PRINCIPAL METHOD FOR PROCUREMENT OF SERVICES
Chapter IV, article 47, and Chapter V, articles 49 and 50

Article 37. Notice of solicitation of proposals Article 35. Solicitation in request-for-proposals proceedings
Article 38. Contents of requests for proposals for services Article 47. Request for proposals without negotiation; and article 49. Request for proposals with dialogue
Article 39. Criteria for the evaluation of proposals

Article 11. Rules concerning evaluation
criteria and procedures
Article 40. Clarification and modification of requests for proposals Article 15. Clarifications and modifications
of solicitation documents
Article 41. Choice of selection procedure

Article 28. General rules applicable to the selection of a procurement method
Article 42. Selection procedure without negotiation Article 47. Request for proposals without negotiation
Article 43. Selection procedure with simultaneous negotiations Article 49. Request for proposals with dialogue
Article 44. Selection procedure with consecutive negotiations Article 50. Request for proposals with consecutive negotiations
Article 45. Confidentiality Article 24. Confidentiality
CHAPTER V.

PROCEDURES FOR ALTERNATIVE METHODS OF PROCUREMENT
Chapter IV, articles 45 and 46, and
Chapter V, articles 48, 49, 51 and 52
Article 46. Two-stage tendering Article 48. Two-stage tendering
Article 47. Restricted tendering Article 45. Restricted tendering

Article 34. Solicitation in restricted tendering, request for quotations, competitive negotiations and single-source procurement: requirement for an advance notice of the procurement
Article 48. Request for proposals

Article 49. Request for proposals with dialogue

Article 35. Solicitation in request-for-proposals proceedings
Article 49. Competitive negotiation Article 51. Competitive negotiations

Article 34. Solicitation in restricted tendering, request for quotations, competitive negotiations and single-source procurement: requirement for an advance notice of the procurement
Articles 48 (7) and 49 (3) Article 24. Confidentiality
Article 50. Request for quotations

Article 46. Request for quotations

Article 34. Solicitation in restricted tendering, request for quotations, competitive negotiations and single-source procurement: requirement for an advance notice of the procurement
Article 51. Single-source procurement

Article 52. Single-source procurement

Article 34. Solicitation in restricted tendering, request for quotations, competitive negotiations and single-source procurement: requirement for an advance notice of the procurement
CHAPTER VI. REVIEW Chapter VIII.
Challenge proceedings
Article 52. Right to review Article 64. Right to challenge and appeal
Article 53. Review by procuring entity (or by approving authority) Article 66. Application for reconsideration before the procuring entity
Article 54. Administrative review Article 67. Application for review before an independent body
Article 55. Certain rules applicable to review proceedings under article 53 [and article 54]

Article 66. Application for reconsideration before the procuring entity;

Article 67. Application for review before an independent body;

Article 68. Rights of participants in challenge proceedings;

and

Article 69. Confidentiality in challenge proceedings
Article 56. Suspension of procurement proceedings Article 65. Effect of a challenge;

Article 66. Application for reconsideration before the procuring entity;

Article 67. Application for review before an independent body
Article 57. Judicial review Article 64. Right to challenge and appeal


 
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