Comparison of 1994 Model Law and 2011 Model Law

PDF Download Changes made to the 1994 UNCITRAL Model Law on Procurement of Goods, Construction and Service 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) back to top 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 back to top