Question

Please provide information to the below question regarding UNCITRAL Model Law.
These questions are all related to UNCITRAL Model Law:

Which Procuring Entities are covered by UNCITRAL Model Law?

Which types of contract are covered by UNCITRAL Model Law?

Threshold under UNCITRAL Model Law

Exclusions by UNCITRAL Model Law

UNCITRAL Model Law Provisions favoring domestic providers/products etc.

What is the "usual" award procedure in UNCITRAL Model Law?

UNCITRAL Model Law competitive award procedures which are available in limited circumstances only.

Grounds for using competitive award procedures other than open tendering/open solicitation of proposals

Grounds for using non-competitive procedures (single-source procurement)

Methods of advertising specific contracts in competitive procurement procedures

Languages for advertisements

Grounds, evidence and procedure for exclusion

Submission of tenders/proposals

Modification and withdrawal of tenders, and tender securities Clarification and modification of solicitation documents

Opening of tenders

Criteria for selecting between tenders/proposals

Technical Specifications

Abnormally low tenders

Review and enforcement by aggrieved providers

Answer 1

UNCITRAL has many Model Laws, given the context, its UNCITRAL Model Law on Public Procurement that is being talked about. Since definitions are required, excerpts are being used from the actual Model Law document

Procuring entities covered under Model Law

UNCITRAL Model Law defines Procuring Entity as 'Any governmental department, agency, organ or other unit, or any subdivision or multiplicity thereof, that engages in procurement, except ...; (State is free to add exceptions). State has also been granted liberty to add more sub paragraphs to add to the definition of Procuring Entity

Types of contracts covered

(a) Open tendering;

(b) Restricted tendering;

(c) Request for quotations;

(d) Request for proposals without negotiation;

(e) Two-stage tendering;

(f) Request for proposals with dialogue;

(g) Request for proposals with consecutive negotiations;

(h) Competitive negotiations;

(i) Electronic reverse auction; and

(j) Single-source procurement.

Threshold

An entity may be appointed by the State to make Procurement Regulations. This entity will be entrusted to draft the threshold amount for procurement.

There are clauses in the Law where if the price is less than threshold price, certain rules apply

For eg Article 23, parapgraph 1 & 2

1. Upon the entry into force of the procurement contract or conclusion of a framework agreement, the procuring entity shall promptly publish notice of the award of the procurement contract or the framework agreement, specifying the name of the supplier (or suppliers) or contractor (or contractors) to which the procurement contract or the framework agreement was awarded and, in the case of procurement contracts, the contract price.

2. Paragraph 1 is not applicable to awards where the contract price is less than the threshold amount set out in the procurement regulations. The procuring entity shall publish a cumulative notice of such awards from time to time but at least once a year

Article 29 ,Paragraph 2

2. A procuring entity may engage in procurement by means of a request for quotations in accordance with article 46 of this Law for the procurement of readily available goods or services that are not specially produced or provided to the particular description of the procuring entity and for which there is an established market, so long as the estimated value of the procurement contract is less than the threshold amount set out in the procurement regulations

Article 22,Paragraph 3

3. Paragraph 2 of this article shall not apply to awards of procurement contracts:

(a) Under a framework agreement procedure without second-stage competition;

(b) Where the contract price is less than the threshold amount set out in the procurement regulations; or....

Exclusions

Under the Model Law, a Procuring Entity may exclude a Supplier if

a ) The supplier or contractor offers, gives or agrees to give, directly or indirectly, to any current or former officer or employee of the procuring entity or other governmental authority a gratuity in any form, an offer of employment or any other thing of service or value, so as to influence an act or decision of, or procedure followed by, the procuring entity in connection with the procurement proceedings; or

(b) The supplier or contractor has an unfair competitive advantage or a conflict of interest, in violation of provisions of law of this State

the State has to record the reasons for Suppliers exclusion in the proceedings of procurement and has to inform the Supplier regarding the same

Provisions favoring domestic providers/products etc.

Article 8 deals specifically with the issue of Participation by Suppliers/Contractors. If the State wishes, it can exclude Suppliers other than domestic suppliers, but the same should be mentioned in the proposal and should not be changed later

Article 11, Paragraph 3

3. In addition to the criteria set out in paragraph 2 of this article, the evaluation criteria may include:

(a) Any criteria that the procurement regulations or other provisions of law of this State authorize or require to be taken into account;

(b) A margin of preference for the benefit of domestic suppliers or contractors or for domestically produced goods, or any other preference, if authorized or required by the procurement regulations or other provisions of law of this State. The margin of preference shall be calculated in accordance with the procurement regulations.

Article 33, Paragraph 4

4. The procuring entity shall not be required to cause the invitation to be published in accordance with paragraph 2 of this article in domestic procurement and in procurement proceedings where the procuring entity decides, in view of the low value of the subject matter of the procurement, that only domestic suppliers or contractors are likely to be interested in presenting submissions.