Examples of using Draft revised model in English and their translations into Russian
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Official
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Colloquial
The draft revised Model Law is contained in addenda 1 to 8 to this note.
The Working Group was recommending provisions in the draft revised Model Law for three types of framework agreement.
A draft revised model MOU would be submitted to the Special Committee at its 2006 session.
She expressed the hope that the Working Group would be able to complete its work on the draft revised Model Law by the end of the year.
The Commission noted that the draft revised model law was not ready for adoption at that session of the Commission.
The Commission endorsed the suggestion made as regards the establishment of a committee of the whole to consider the draft revised model law at the current session.
It recommended that work on the draft revised Model Law should be continued, focusing on the unresolved issues.
Opposition was expressed to adding new definitions if that would jeopardize the progress of the Committee's work on the draft revised model law.
The draft revised Model Law no longer distinguished between procurement methods pertaining to goods or construction, on the one hand, and services, on the other.
The Working Group considered the issue of debriefing generally under the draft revised Model Law and in the specific context of paragraph(2) and footnote 25.
Caution would have to be exercised in framing a definition as there were-- if he had counted correctly-- 59 references to"the subject matter of the procurement" in the draft revised Model Law.
The acting Chairperson said that the draft revised Model Law contained provisions that took national interests and socio-economic conditions into account.
The Chairperson said he took it that the Commission wished to take note of the three reports andto mandate the Working Group to continue its work on the draft revised Model Law on Public Procurement.
Concern was expressed that the draft revised Model Law introduced concepts not found in the 1994 Model Law, such as open tendering.
The expression"low value" was being used there in a manner different from the manner in which it was being used elsewhere in the draft revised Model Law, where it was being used to indicate a threshold value.
The Commission heard that the draft revised model law had adopted a different approach, one that focused on whether the procurement was straightforward or more complex.
Concern was expressed that, except for the change in thetitle of article 63, nothing had been built in the draft revised Model Law that ensured the independence of the administrative review body.
At the same time, it was recognized that the draft revised Model Law preserved the general thrust of article 18 in signalling that the recourse to open tendering was the best way to ensure competition and transparency.
After discussion, the Commission had requested it to complete the task during its following two sessions and present a draft revised model law for finalization and adoption by the Commission at its forty-fourth session.
It was therefore recommending provisions in the draft revised Model Law that would require the procuring entity to examine the risk of an abnormally low submission, both when evaluating the submission and when examining the qualifications of suppliers.
The Working Group was also invited to reconsider the need for references to"approving authority" throughout the chapter, taking into account their very infrequent use in the draft revised Model Law as compared to the 1994 text.
The Commission noted the Working Group's intention to present the draft revised model law for adoption by the Commission at its forty-fourth session, in 2011 A/CN.9/690, paras. 156-157.
As regards paragraph(3), it was suggested that a reference to all applicable financial thresholds for the choice of a procurement method ortype of solicitation under the draft revised Model Law should be set out in article 24.
It was therefore observed that it would be more appropriate to move them from the draft revised model law to the guide, as examples of best practice in procurement planning and investigation of the market.
Chapter VII of the draft revised Model Law made it clear that closed framework agreements were implemented within a procurement method, whereas the implementation of an open framework agreement was a stand-alone procurement method equivalent to an electronic reverse auction.
It was assumed that the Commission would have five to eight days to consider the draft revised Model Law, but that the assumption could be revised if circumstances warranted.
The draft revised Model Law on Public Procurement of the United Nations Commission on International Trade Law(UNCITRAL), which is consistent with the requirements of article 9, paragraph 1, of UNCAC, is expected to be adopted by UNCITRAL at its forty-fourth session in June 2011.
Ms. Otunga(Kenya) said that her delegation was greatly interested in the emerging issues in the area of public procurement that were dealt with in the draft revised Model Law and had hoped that the Commission would conclude its work on the project at the current session.
Another concern was that the draft revised Model Law proposed too many methods involving negotiations, which might inadvertently indicate that negotiations in public procurement were a matter of usual practice rather than something exceptional to be permitted only in very exceptional cases.
The acting Chairperson suggested, following an explanation by Ms. Nicholas(Secretariat)of how parentheses were used in the draft revised Model Law, that the parentheses around subparagraph(1)(k) and paragraph(2) of article 52 be retained but the footnote to subparagraph(1)(k) be deleted.