Examples of using Fruhmann in English and their translations into Arabic
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Colloquial
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Political
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Ecclesiastic
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Ecclesiastic
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Computer
Mr. Fruhmann(Austria) said that in view of the title of article 21 the wording of paragraph 14 should remain unchanged.
Mr. Wallace(United States of America), Mr.Grand d ' Esnon(France) and Mr. Fruhmann(Austria) agreed with the suggestion, on the understanding that the term" probity officer" would not be used in the new footnote.
Mr. Fruhmann(Austria) said that the current wording allowed if not for the best practice, then at least for second best.
The Chair, replying to a query from Mr. Fruhmann(Austria), confirmed that an explanation of the meaning and historic context of the phrase" fair, equal and equitable" would be added to document A/CN.9/WG. I/WP.79/Add.2, in section 4 of the text relating to the preamble.
Mr. Fruhmann(Austria) said that the wording of paragraph 6 might be confusing as it referred to article 28(1), whereas the addendum addressed later articles.
Mr. Fruhmann(Austria), said that the words" lawful" and" unlawful" in article 66(9) did not seem appropriate in such a text.
Mr. Fruhmann(Austria) said he agreed with the United States representative that contract administration was mainly about best practices, not legal matters.
Mr. Fruhmann(Austria), referring to article 31(1)(a), proposed the insertion of the words" or repeated" after" indefinite" in the phrase" is expected to arise on an indefinite basis".
Mr. Fruhmann(Austria), speaking on behalf of the Western European and other States, proposed that Mr. Wiwen-Nilsson(Sweden) be elected Vice-Chair of the Commission in his personal capacity.
Mr. Fruhmann(Austria), speaking on behalf of the Western European and Others Group, proposed that Mr. Wiwen-Nilsson(Sweden) be elected, in his personal capacity, as a Vice-Chairperson of the Commission.
Mr. Fruhmann(Austria) endorsed the proposal made by the delegation of the United States of America regarding an article 20 bis and the proposal made by the delegation of Canada regarding article 21(7).
Mr. Fruhmann(Austria), while expressing support for the proposal, said that the deletion of that phrase would not be sufficient to cover all cases of attempts to circumvent the spirit of the Model Law.
Mr. Fruhmann(Austria), referring to article 16, proposed that subparagraph(1)(c)(ii) be deleted as subparagraph(1)(b) already covered the question of the issuing of a tender security in cases of domestic procurement.
Mr. Fruhmann(Austria), referring to article 24, said that, in the event of a cancellation of procurement proceedings, some of the information whose inclusion in the record was required might not yet exist or might not be available.
Mr. Fruhmann(Austria) said that making the Model Law as flexible as possible had been intentional so that contracting entities might take up sustainable, social or green issues, according to their priorities.
Mr. Fruhmann(Austria) said that paragraph 18 discussed how the common practice of using third-party entities to set up and administer electronic reverse auctions could lead to their overuse and abuse.
Mr. Fruhmann(Austria) said that work by the Commission on the proposal contained in section 5 of the note by the Secretariat(A/CN.9/755) would be useful; however, it was important to define the scope of any guidelines, through a colloquium if necessary.
Mr. Fruhmann(Austria) said that, at its forty-second session, the Commission had decided not to pronounce on how an enacting State should choose which challenge system to use. It was up to States to choose, so long as certain standards were met.
Mr. Fruhmann(Austria), referring to article 47, asked whether he understood correctly that, in two-stage tendering the procuring entity could not make a material change to characteristics of the subject matter of the procurement between the first and the second stage.
Mr. Fruhmann(Austria), having endorsed the comments made by the representative of Canada, said that, if paragraph(4) was going to be revised, his delegation would like to see the revised text before drawing any conclusion with regard to that paragraph and to subparagraph(1)(s).
Mr. Fruhmann(Austria) noted that paragraph 6 did not mention that the combined effect of using framework agreements and electronic tools could make it difficult for small and medium enterprises, and even larger companies, to do business with country authorities.
Mr. Fruhmann(Austria), supported by Mr. Imbachi Cerón(Colombia), agreed that it was important to have a broader definition of collusion, but said that it should be expanded further to cover representatives of the procurement entity or contracting authority, who may collude with suppliers or contractors.
Mr. Fruhmann(Austria), reporting again on the work of the drafting group, said that the group had agreed that article 41(2) should read" All suppliers or contractors that have presented tenders, or their representatives, shall be permitted by the procuring entity to participate in the opening of tenders.".
Mr. Fruhmann(Austria), having endorsed the proposal made by the delegation of the United States of America, questioned the use in article 17(3)(b) of the words" the timetable"; at the time when an invitation to pre-qualify was sent out, there would usually not be a timetable for the provision of the services.
Mr. Fruhmann(Austria) said that, in view of the content of articles 64 to 69, it might be wise to place part of the proposed paragraph(2) in square brackets in order to indicate the optional nature of the provision and of the decisions that the enacting State would need to make when implementing the Model Law.
Mr. Fruhmann(Austria) said that the first operative paragraph of the draft decision of the adoption of the Guide to Enactment of the UNCITRAL Model Law on Public Procurement(A/CN.9/XLV/ CRP.2) should include a reference to addenda 1 to 3, because those documents reflected the deliberations that led to the amendment and finalization of the text.
Mr. Fruhmann(Austria), referring to subparagraph(1)(a) of article 20, said that, while he did not think that there should be a" de minimis" gratuity threshold, he would like it to be clearly explained in the Guide to Enactment that not every offer of a gratuity should trigger exclusion, as a misinterpretation of the subparagraph could give rise to unintended consequences.
Mr. Fruhmann(Austria), referring to the definition of" procurement" contained in article 2(h) of the draft revised text of the Model Law, said that the drafting group had felt that the words" the acquisition of goods, construction or services" did not define" the subject matter of the procurement" and that the latter text, contained in parentheses, should therefore be deleted.
Mr. Fruhmann(Austria) said that information on the basis for determining the price could be important, enabling the procuring entity to determine whether the price indicated in a submission was abnormally low, and a requirement that such information be included in the record of the procurement proceedings might deter bidders from making submissions with abnormally low prices.
Mr. Fruhmann(Austria), referring to the second sentence in article 23(3), said that procuring entities in some European Union countries included in their solicitation documents a requirement that suppliers or contractors give their consent to the disclosure of all information provided by them to the procuring entities, acceptance of that requirement being a precondition for participation in the procurement proceedings.