UNCITRAL Procurement Glossary – Basic Comparator

A glossary primarily intended to be used as a basic reference tool which includes terminology contained in the UNCITRAL Model Law and other common synonyms in use. UNCITRAL Model Law Terms Others in use or similar Terms Description Notes Abnormally low submissions Abnormally low tenders (EU) Submissions with prices so low they raise performance concerns Advance notice of the procurement Contract notice (EU) or Prior information notice (EU), depending on the context Advertisement prior to beginning of procurement Challenge procedures – request for reconsideration, request for review Remedies (EU) Bid protest (US) Challenge procedures (GPA) Suppliers’ challenge to procurement decisions under Chapter VIII Model Law Closed framework agreements Framework agreements (EU) Two-stage award procedures Construction Works (EU, World Bank)      Description Specification (EU) Contained in the document used to establish the requirements for the goods or services to be purchased. Direct solicitation   Solicitation addressed directly to one or a restricted number of suppliers and contractors without initial prequalification, available in restricted tendering, request-for-proposals, request for quotations, competitive negotiations and single-source procurement Evaluation Evaluation (EU) Award of contracts (GPA) Comparative assessment of tenders etc.    Evaluation criteria Award Criteria (EU) The criteria by which the successful tender is to be selected    Examination Consideration of responsiveness (various) Assessment of whether tenders are responsive    Goods Supplies (EU)     Invitation (to tender, participate etc) Contract notice (EU) Invitation to participate (GPA) Cf an invitation in the EU, which is a direct invitation to a supplier   Most advantageous tender/submission Most economically advantageous tender (MEAT)  (EU); most advantageous tender (GPA); lowest evaluated tender (1994 ML, other systems) The winner where there are non-price award/evaluation criteria Open framework agreements Dynamic Purchasing Systems (EU) IDIQ/Task and order contracting (US) A framework agreement to which a supplier (or suppliers) or a contractor (or contractors) in addition to the initial parties may subsequently become a party or parties    Open tendering Open procedure (EU) Tendering (1994 ML) Competitive Tendering A bidding process that is open to all qualified suppliers  Open tendering with pre-qualification Restricted procedure (EU) Limited tendering (GPA) The ML combination is the nearest equivalent to the EU and GPA methods   Pre-selection, pre-selection documents Shortlisting (World Bank, EBRD)    Choosing amongst the prequalified the ones best qualified to be solicited. Procurement contract Public Contract (EU) Do not include framework agreements    Procuring entity Contracting authority (EU), government agency (US)      Procurement procedure Award Procedure (EU) The procedure for awarding a contract    Public notice of award Contract award notice (EU)      Qualification criteria Selection criteria (EU) Criteria to determine which suppliers can participate   Qualification Selection (EU, GPA)      Request for proposals with dialogue Competitive dialogue (EU) The procedures are not identical    Request for quotations Shopping (MDBs) Relatively informal procedure with request for quotation directly addressed to limited number of suppliers Restricted tendering NOT the Restricted procedure in the EU Restricted tendering under the ML is more like Limited tendering under the GPA    Second stage competition Call off (EU) Competition to award contracts under a framework agreement    Selection Award Not in the Model Law, but jargon used to denote award to winning supplier    Single-source procurement Direct contracting Award of procurement contract directly to one supplier Solicitation, solicitation documents Call for tender, invitation to tender See definition in article 2 of Model Law    Submissions Tender proposals, offers, quotations, bids See definition in article 2 of Model Law Supplier or contactor   Economic operator (EU) Candidate (EU) Vendor (US) Also includes potential suppliers or contractors   Suppliers’ List Approved List (EU) Preferred Suppliers’ List (EU) Shortlist (EU, World Bank) Not used in ML as such; discussed in Guide; Shortlist in World Bank terms means the pre-selected suppliers under Article 49 of the ML Tender security Bid bond (US)   Tender/submission with the lowest price Lowest-price tender (various, 1994 ML) The winner determined where only price as award/evaluation criterion        Basic comparator of the UNCITRAL terminology and commonly used terms prepared by Mrs. Caroline Nicholas, Senior Lawyer, UNCITRAL, United Nations and Mr. Steen Bruun – Nielsen, International Expert, EBRD UNCITRAL Initiative.