(e) tenders presented by telephone shall not be permitted;
(f) requests to participate in selective tendering procedures
may be submitted by telex, telegram or telecopy and if
permitted, may be submitted by other means of electronic
transmission; and
(g) the opportunities that may be given to suppliers to
correct unintentional errors of form between the opening
of tenders and the awarding of the contract shall not be
permitted to give rise to any discriminatory practice.
In this paragraph, "means of electronic transmission" consists of means capable of producing for the recipient at the destination of the transmission a printed copy of the tender.
2. An entity may not penalize a supplier whose tender is received in the office designated in the tender documentation after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the entity. An entity may also consider, in exceptional circumstances, tenders received after the time specified for receiving tenders if the entity's procedures so provide.
3. All tenders solicited by an entity under open or selective procedures shall be received and opened under procedures and conditions guaranteeing the regularity of the openings. The entity shall retain the information on the opening of tenders and the information shall remain at the disposal of the competent authorities of the respective Party so that it may be used if required under the procedures of Article 1017 (Bid Challenge), Article 1019 (Provision of Information) or Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures).
4. An entity shall award contracts in accordance with the following:
(a) to be considered for award, a tender must, at the time of
opening, conform to the essential requirements of the
notices or tender documentation and have been submitted
by a supplier that complies with the conditions for
participation;
(b) if the entity has received a tender that is abnormally
lower in price than other tenders submitted, the entity
may enquire of the supplier to ensure that it can comply
with the conditions of participation and is or will be
capable of fulfilling the terms of the contract;
(c) unless the entity decides in the public interest not to award the contract, the entity shall make the award to the supplier that has been determined to be fully capable of undertaking the contract and whose tender is either the lowest tender or the tender that in terms of the specific evaluation criteria set forth in the notices or tender documentation is determined to be the most advantageous;