Preamble |
Preamble |
Chapter I. General provisions
Articles 1-26 |
CHAPTER I. GENERAL PROVISIONS
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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
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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
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Article 11. Rules concerning evaluation criteria and procedures
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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
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Article 13. Rules concerning the language of documents
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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))
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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
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Article 7. Prequalification proceedings Also provisions related to pre-qualification of articles 23, 24 and 25 |
Article 19. Cancellation of the procurement
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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
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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
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Section I.
Methods of procurement and their conditions for use
Articles 27-32 |
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Article 27. Methods of procurement |
New provisions |
Article 28. General rules applicable to the selection of a procurement method |
Article 18. Methods of procurement
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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
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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
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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
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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
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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
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Section I.
Solicitation of tenders
Articles 36-39 |
|
Article 36. Procedures for soliciting tenders
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Article 24. Procedures for soliciting tenders or applications to prequalify |
Article 37. Contents of invitation to tender
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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
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Article 46. Two-stage tendering |
Article 49. Request for proposals with dialogue
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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
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Article 53. Electronic reverse auction as a stand-alone method of procurement |
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Article 54. Electronic reverse auction as a phase preceding the award of the procurement contract |
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Article 55. Registration for the electronic reverse auction and the timing of the holding of the auction |
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Article 56. Requirements during the electronic reverse auction |
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Article 57. Requirements after the electronic reverse auction |
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Chapter VII.
Framework agreement procedures
Articles 58-63 |
New provisions
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Article 58. Award of a closed framework agreement |
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Article 59. Requirements for closed framework agreements |
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Article 60. Establishment of an open framework agreement |
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Article 61. Requirements for open framework agreements |
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Article 62. Second stage of a framework agreement procedure |
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Article 63. Change during the operation of a framework agreement |
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Chapter VIII.
Challenge proceedings
Articles 64-69 |
CHAPTER VI. REVIEW
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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
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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
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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
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Article 55. Certain rules applicable to review proceedings under article 53 [and article 54], para. (2) |
Article 69. Confidentiality in challenge proceedings
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Article 55. Certain rules applicable to review proceedings under article 53 [and article 54] (para. (3), last sentence) |