RESTRICTED  
  
GPA/TN1994/4/Rev.3  
28 October  2004 
(24-2812) Page: 1/98 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
 
  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 8  OCTOBER  2004*,** 
NOTE  BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 8 October  2004 (as reflected in Job  No. 7315, dated 
28 October  2004) and the corresponding provisions of the 1994  Agreement currently in force.  
 
For information, at the end of this paper a second table lists the numbering of the provisions  of the 
1994 Agreement in their sequence and the number ing of the corresponding provisions in the revised 
draft text.  
 
_______________  
 
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs160) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.3  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Preamble  
Article  I Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV  Publication of Procurement   
Information  
Article  V Publication of Notice of Intended 
Procurement  
Article  VI Time-Periods for Tendering  
Article  VII Information on Intended 
Procurements  
Article  VIII [Conditions for Participation ]JPN 
[Qualification of 
Suppliers]EC,US ,NOR,CDA 
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
Article  XIbis Use of Electronic Means  
Article  XII Transparency of Contract Award 
Information  
Article  XIII Non-Disclosure of Information  
Article  XIV Developing Countries  
Article  XV Exceptions to the Agreement  
Article  XVI Modifications and Rectifications to 
Coverage  
Article  XVII Challenge Procedures  
Article  XVIII Consultations and Dispute 
Settlement  
Article  XIX Institutions  
Article  XX Final Provisions  
 Table of Contents  
 
Preamble  
Article  I Scope and Coverage  
Article  II Valuation of Contracts  
Article  III National Treatment and 
Non-discrimination  
Article  IV Rules of Origin  
Article  V Special and Differential Treatment 
for Developing Countries  
Article  VI Technical Specifications  
Article  VII Tendering Procedures  
Article  VIII Qualification of Suppliers  
Article  IX Invitation to Participate Regarding 
Intended Procurement  
Article  X Selection Procedures  
Article  XI Time-limits for Tendering and 
Delivery  
Article  XII Tender Documentation  
Article  XIII Submission, Receipt and Opening of 
Tenders and Awarding of Contracts  
Article  XIV Negotiation  
Article  XV Limited Tendering  
Article  XVI Offsets  
Article  XVII Trans parency  
Article  XVIII Information and Review as Regards 
Obligations of Entities  
Article  XIX Information and Review as Regards 
Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute 
Settlement  
Article  XXIII Exceptions to the Agreement  
Article XXIV  Final Provisions  
Notes  
 
 
Preamble   
Parties to this Agreement (hereinafter referred to as 
"Parties"),  
  Parties to this Agreement  (hereinafter referred 
to as "Parties"),  
 
Recognizing  the need for an effective multilateral 
framework for government procurement, with a view 
to achieving greater liberalization and expansion of, 
and improving the framework for, the conduct of 
internatio nal trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations with 
respect to laws, regulations, procedures and practices 
regarding government procurement with a view to 
achieving greater liberalization and expansion o f 
world trade and improving the international 
framework for the conduct of world trade;  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Recognizing  that measures regarding government 
procurement should not be prepared, adopted or 
applied so as to afford protection to domestic 
suppliers, goods or servi ces or discriminate among 
foreign suppliers, goods or services;  
  Recognizing  that laws, regulations, procedures 
and practices regarding government procurement 
should not be prepared, adopted or applied to foreign 
or domestic products and services and to f oreign or 
domestic suppliers so as to afford protection to 
domestic products or services or domestic suppliers 
and should not discriminate among foreign products 
or services or among foreign suppliers;  
 
Recognizing  that the integrity and predictability of  
government procurement systems are integral to the 
efficient and effective management of public 
resources, the performance of the Parties' economies, 
and the functioning of the multilateral trading 
system;  
  
Recognizing  that the procedural commitments under 
this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each 
Party;  
  
  Recognizing  the need to establish international 
procedures on notification, consultation, surveillance 
and d ispute settlement with a view to ensuring a fair, 
prompt and effective enforcement of the international 
provisions on government procurement and to 
maintain the balance of rights and obligations at the 
highest possible level;  
 
[Recognizing  the need to tak e into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed 
countries;]1 [NB: To be revised in light of revision 
of relevant provisions related to developing 
countries.]  
  Recognizing  the need to ta ke into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed countries;  
 
Recognizing the desirability of transparent measures 
regarding government procurement and the 
importance of carrying out proc urements in a 
transparent and impartial manner, avoiding conflict 
of interest and corrupt practices, in accordance with 
relevant international instruments ; 
  Recognizing  that it is desirable to provide 
transparency of laws, regulations, procedures and 
practices regarding government procurement;  
Recognizing the importance of using, and 
encouraging the use of, electronic means for 
procurement covered by this Agreement;  
  
  Desiring , in accordance with paragraph 6(b) of 
Article  IX of the Agreement on Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
 
Desiring  to encourage acceptance of and accession to 
this Agreement by WTO Members not party to it;  
  Desiring  to encourage acceptance of and 
accession to this Agreement by governments not 
party to it;  
 
Having undertaken  further negotiations in pursuance 
of these  objectives;  
  Having  undertaken  further negotiations in 
pursuance of these objectives;  
 
 
1 Unattributed brackets [ ] indicates language that Parties are still considering.  GPA/TN1994/4/Rev.3  
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Hereby agree  as follows:  
  Hereby agree  as follows:  
 
  GPA/TN1994/4/Rev.3  
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Article  I 
Definitions   
For purposes of this Agreement:  
  
(a) [build -operate -transfer contract  and 
public works concession contract 
mean  any contractual arrangement the 
primary purpose of which is to provide for 
the construction or rehabilitation of 
physical infrastructure, plant, buildings, 
facilities or other govern ment-owned 
works and under which, as consideration 
for a supplier's execution of a contractual 
arrangement, a procuring entity grants to 
the supplier, for a specified period of time, 
temporary ownership or a right to control 
and operate, and demand payment  for the 
use of such works for the duration of the 
contract;]US [Market Access Issue ]  
(b) commercial goods and services  mean 
goods and services with characteristics 
similar to those of goods and services that 
are sold or offered for sale to, and 
customar ily purchased by, 
non-governmental buyers for 
non-governmental purposes ; it includes 
goods and services with modifications 
customary in the commercial marketplace 
[as well as minor modifications not 
customarily available in the commercial 
marketplace that do not significantly alter 
the non -governmental function or 
essential physical characteristics or 
change the purpose]US,CDA;  
(c) construction services contract  means a 
contract that has as its objective the 
realization by whatever means of civil or 
building works[, in the sense of Division 51 
of the Provisional U.N . Central Product 
Classification (CPC)] ; [Bracketed 
Language - Market Access Issue ] Appendix I, Annex 5  
 A construction services contract is a contract 
which has as its objective the realization by whatever 
means of civil or building works, in the sense of 
Division 51 of the Central Product Classification.  
 
(d) country or countries  include any 
separate customs territory that is a Party 
to this Agreement . In the case of a 
separate customs territory that is a Party 
to this Agreement, where an expression in 
this Agreement is qualified by the term 
"national", such expression shall be re ad 
as pertaining to that customs territory, 
unless otherwise specified;  
 Notes  
 The terms "country" or "countries" as used in 
this Agreement, including the Appendices, are to be 
understood to include any separate customs territory 
Party to this Agreement.  
 
Notes  
 In the case of a separate customs territory 
Party to this Agreement, where an expression in this 
Agreement is qualified by the term "national", such 
expression shall be read as pertaining to that customs 
territory, unless otherwise specified.  
(e) days means calendar days;   GPA/TN1994/4/Rev.3  
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(f) [electronic auction  means an iterative 
process involving electronic means  for the 
presentation of new prices [or]US,EC revised 
[upwards or]US [downwards,]EC or new 
values concerning certain elements of 
tenders, which [occurs]EC,KOR [may occur]US 
after an initial [full]EC evaluation of the 
tenders, enabling them to be ranked using 
automatic evaluation methods;]EC,US,KO R 
[NB: Canada and the United States 
questi on the need for the phrase 
"which occurs after an initial full 
evaluation of the tenders" and 
whether it is necessary to prejudge 
the sequence of the evaluation and 
auction . According to the EC, for an 
electronic auction to take place, 
without running the risk of 
discrimination, it is necessary that an 
initial full evaluation of the tenders 
has taken place prior to the launching 
of the electronic auction and the 
subsequent application of the 
mathematical formula.]   
(g) [electronic means  means [using 
[electronic equipment] [hardware and 
software configured] for the electronic]EC 
processing (including digital compression) 
and storage of data that is transmitted, 
conveyed and received by Internet, by 
wire, by radio, by optical means or by 
other electromagnetic mean;]EC,US [NB: 
Canada, Japan and Israel reserve their 
position on this  definition because of 
its links to other provisions.]   
(h) in writing  or written  means any worded 
or numbered expression that can be read, 
reproduced and later communicated . It 
may include electronically transmitted and 
stored information;  
  
(i) limited  tendering  means a procurement 
method where the procuring entity 
contacts a supplier or suppliers of its 
choice, only under the circumstances 
specified in Article  X; [NB: Japan and 
Canada propose to delete this 
definition.]  Article  VII:3 
For the purposes of this Agreement:  
[...] 
(c) Limited tendering procedures are those 
procedures where the entity contacts 
suppliers individually, only under the 
conditions specified in Article  XV. 
(j) measure  means any law, regulation, 
procedure, [or any act ion of a procuring 
entity relating to a covered 
procurement]EC,US,NOR ,KOR [requirement 
applied in a particular procurement,]HKC 
administrative guidance or practice;   
(k) multi -use list  means a list of suppliers 
that a procuring entity has determined 
satisfy the conditions for participation in 
that list, and that the procuring entity 
intends to use more than once;   GPA/TN1994/4/Rev.3  
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(l) notice of intended procurement  means 
a notice published by a procuri ng entity in 
accordance with Article  V inviting 
interested suppliers to submit tenders;   
(m) offsets  in government procurement 
means any [measures,]CT conditions or 
undertakings that encourage local 
development or improve a Party's 
balance -of-payments acc ounts, such as 
the use of domestic content, domestic 
suppliers, the licensing of technology, 
technology transfer, investment, 
counter -trade and similar actions [unless 
such conditions or undertakings are 
necessary to enable the contracts to be 
performed]HKC; [NB: Hong Kong, China 
is concerned that the addition of 
"domestic suppliers" and, along with 
Korea and Israel, that "technology 
transfer" expands the scope of 
offsets.]  Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
improve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 
(n) open tendering  means a procurement 
method where all interes ted suppliers may 
submit a tender ; [NB: Japan and Canada 
propose to delete this definition.]  Article  VII:3 
For the purposes of this Agreement:  
[...] 
(a) Open tendering procedures are those 
procedures under which all interested 
suppliers may submit a tender.  
 
(o) person  means a natural person or a 
juridical person;   
(p) [procurement  means the process by 
which a [government]US [procuring 
entity]JPN,CT obtains the use of or acquires 
goods or services, or any combination 
thereof, for governmental purposes and 
not with a view to commercial sale or 
resale, or use in the production or supply 
of goods or services for commercial sale or 
resale;]JPN,US [Market  Access Issue ]  
(q) procuring entity  means an entity covered 
under Annexes 1, 2 and 3 of Appendix I of 
each Party;   
(r) qualified supplier  means a supplier that 
a procuring entity recognizes as having 
satisfied the conditions for participation;  Article V III 
(c) ... Entities shall recognize as qualified 
suppliers such domestic suppliers or 
suppliers of other Parties who meet the 
conditions for participation in a particular 
intended procurement. ...  
(s) [recurring contracts  mean contracts that 
are related to the regular purchase of the 
same goods or services [for an individual 
requirement]SWI [and that are not subject 
to a framework agreement/purchasing 
system]EC,NOR]EC,NOR;  GPA/TN1994/4/Rev.3  
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(t) selective tendering  means a 
procurement method where only suppliers 
satisfying the conditions for participation 
are invited by the procuring entity to 
submit a tender ; [NB: Japan and Canada 
propose to delete this definition.]  Article VII:3  
For the purposes of this Agreement:  
[...] 
(b) Selective tendering procedures are those 
procedures under which, consistent with 
paragraph 3 of Article  X and other relevant 
provisions of this Agreement, those suppliers 
invited to do so by the entity may submit a 
tender.  
(u) services  includes construction services, 
unless otherwise specified;   
(v) standard  means a document approved by 
a recognized body, that provides, for 
common and repeated use, rules, 
guidelines or characteristics for products or 
services or related processes and 
production methods, with which 
compliance is not mandatory . It may also 
include or deal exclusively with 
terminology, symbols, packaging, marking 
or labelling requirements as they apply to 
a product, service, process or production 
method;  Footnote  
4. For the  purpose of this Agreement, a standard 
is a document approved by a recognized body, that 
provides, for common and repeated use, rules, 
guidelines or characteristics for products or services 
or related processes and production methods, with 
which compliance  is not mandatory . It may also 
include or deal exclusively with terminology, symbols, 
packaging, marking or labelling requirements as they 
apply to a product, service, process or production 
method.  
(w) supplier  means a person or group of 
persons that prov ides or could provide 
goods or services;   
(x) [technical regulation  means a document 
which lays down characteristics of a 
product or a service or their related 
processes and production methods, 
including the applicable administrative 
provisions, with whic h compliance is 
mandatory . It may also include or deal 
exclusively with terminology, symbols, 
packaging, marking or labelling 
requirements as they apply to a product, 
service, process or production 
method;]JPN,EC Footnote  
3. For the purpose of this Agreeme nt, a technical 
regulation is a document which lays down 
characteristics of a product or a service or their 
related processes and production methods, including 
the applicable administrative provisions, with which 
compliance is mandatory . It may also includ e or deal 
exclusively with terminology, symbols, packaging, 
marking or labelling requirements as they apply to a 
product, service, process or production method.  
(y) technical specification  means a 
tendering requirement that:  
 
(i) lays down the characteristics of 
goods or services to be procured, 
including quality, performance, 
safety and dimensions, or the 
processes and methods for their 
production or provision ; or 
 
(ii) addresses terminology, symbols, 
packaging, marking or labelling 
requirements, as they apply to a 
good or service.  Article  VI 
1. Technical specifications laying down the 
characteristics of the products or services to be 
procured, such as quality, performance, safety and 
dimensions, symbols, terminology, packaging, 
marking and labelling, or the processes and methods 
for their production and requirements relating to 
conformity assessment procedures prescribed by 
procuring entities , shall not be prepared, adopted or 
applied with a view to, or with the effect of, creating 
unnecessary obstacles to international trade.  
Article  II 
Scope and Coverage  Article  I 
Scope and Coverage  
Application of Agreement   GPA/TN1994/4/Rev.3  
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1. This Agreement applies to any measure 
regarding covered procurement [, whether or not 
conducted by electronic means]EC. [NB: The EC 
proposes this as an alternative to Article 
XIbis:1.]  1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
 
Article XXIV:8  
Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement . These consultations shall in particular 
aim to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreeme nt are clearly identified and that all 
available information relating to a particular contract 
can be identified . When a Party intends to innovate, 
it shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problem s. 
2. For the purposes of this Agreement , covered 
procurement means procurement:  
 
(a) of goods, services, or any combination 
thereof, [as specified] [provided for] in 
Appendix I;  
 
(b) by any contractual means, including 
purchase ; lease; rental or hire pur chase, 
with or without an option to buy [and 
build-operate -transfer contracts and 
concessions for public works contracts;]US 
[with or without utilization of the funds and 
the managerial or technical ability of the 
private sector]JPN; [Bracketed Language 
– Market Access Issue ] Article II  
 
2. This Agreement applies to procurement by any 
contractual means, including through such methods 
as purchase or as lease, rental or hire purchase, with 
or without an option to buy, including any 
combination of p roducts and services.  
 
(c) for which the value as estimated, in 
accordance with paragraph  6, equals or 
exceeds the relevant threshold specified in 
[Appendix  I], at the time of publication of 
a notice in accordance with Article  V; 
[Bracketed Language – Market Access 
Issue ] 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract val ue is 
estimated to equal or exceed the threshold at the 
time of publication of the notice in accordance with 
Article IX.  
[(d) by a procuring entity[ ; and 
 
(e) that is not excluded from coverage by this 
Agreement.]US,EC,JPN ,NOR,SWI  Article I  
1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2bis. Without prejudice to Article  [Exceptions], this 
Agreement applies to any procurement:  
 
(a) of central government entities where the 
value is estimated to equal or exceed:  
- [] SDR for contracts for supply of 
goods and services;  
- [] SDR for contracts for 
construction services;  
 
(b) of sub -central government entities where 
the value is estimated to equal or exceed:  
- [] SDR for contracts for supply of 
goods and services;  
- [] SDR for contracts for 
construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is estimated to 
equal or exceed:  
- [] SDR for contracts for supply of 
goods and services;  
- [] SDR for contracts for 
construction services.]EC 
[Market Access Issue ] [NB: Korea does not 
support the text (2 bis) proposed by the EC.]  Article I  
4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the 
time of p ublication of the notice in accordance with 
Article IX.  
 
Footnote  
1. ...Relevant thresholds are specified in each 
Party's Annexes.  
3. For each Party, Appendix  I shall be divided 
into five Annexes:  
 
(a) Annex  1 specifies the central government 
entities whose procurement is covered by 
this Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose procurement is 
covered by this Agreement;  
 
(c) Annex  3 specifies all other entities whose 
procurement is covered by this 
Agreement;  
 
(d) Annex  4 specifies the services covered by 
this Agreement ; and 
 
(e) Annex  5 specifies the construction services 
covered by this Agreement.  Footnote  
1. For each Party, Appendix I is divided into five 
Annexes:  
 
- Annex 1 contains central government entities.  
 
- Annex 2 contains sub -central government 
entities.  
 
- Annex 3 contains all other entities that procure 
in accordance with the provisions of this 
Agreement.  
 
- Annex 4 specifies services, whether listed 
positively or negatively, covered by this 
Agreement.  
 
- Annex 5 specifies covered construction 
services.  
 
 Relevant thresholds are specified in each 
Party's Annexes.  
  GPA/TN1994/4/Rev.3  
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Compliance   
4. Each Party shall [take such reasonable 
measures as may be available to it to]CDA,HKC ensure 
that the procuring entities listed in its Appendix  I 
comply with the provisions of [Articles  VII to X of]CDA 
this Agreement in conducting covered procurement.  
[NB: The EC, the US, Switzer land, Singapore, 
Japan, Norway and Korea have reservation s on 
the bracketed language.]  Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent with 
the provisions co ntained in Articles  VII through XVI.  
 
5. Where a procuring entity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procure in accordance with particular 
requirements, Article  III shall apply mutatis  mutandis  
to such requirements.  Article  I 
3. Where entities, in the context of procurement 
covered under this Agreement, require enterprises 
not included in Appendix I to award contracts in 
accordance with particular requirements, Article  III 
shall apply mutatis mutandis to such requirements.  
Valuat ion Article  II 
Valuation of Contracts  
 
6. In estimating the value of a procurement for 
the purpose of ascertaining whether it is a covered 
procurement, a procuring entity shall:  1. The following provisions shall apply in 
determining the value of contracts2 for purposes of 
implementing this Agreement.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the 
time of publication of the notice in accordance with 
Article IX.  
(a) neither divide a procurement into separate 
procurements nor select or use a particular 
valuation method for estimating the value 
of a procurement with the intention of 
totally or partially excluding it from the 
application of this Agreemen t; Article  II 
3. The selection of the valuation method by the 
entity shall not be used, nor shall any procurement 
requirement be divided, with the intention of avoiding 
the application of this Agreement.  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(b) include the maximum total estimated 
value of t he procurement over its 
entire duration[, whether awarded to 
one or more suppliers]EC,SWI,NOR, taking 
into account [all forms of 
remunerations, including]EC 
premiums, fees, commissions, 
interest [and other revenue stream s 
that may be provided for in such 
contracts][ Market Access Issue ] and, 
where the procurement provides for 
the possibility of option clauses, the 
total maximum value [or total 
maximum estimated value] of the 
procurement, inclusive of optional 
purchases[, and any estimated 
residual value in th e case of leases, 
rentals and hire purchases ; 
and]CDA,US]CDA,US,EC,JPN 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
6. In cases where an intended procurement 
specifies the need for option clauses, the basis for 
valuation shall be the total value of the maximum 
permissible procurement, inclusive of optional 
purchases.  
 
5. In cases of contracts for the lease, rental or 
hire purchase of products or services, or in the case 
of contracts which do not specify a total price, the 
basis for valuation shall be:  
 
(a) in the case of fixed -term contracts, where 
their term is 12 months or less, the total 
contract value for their duration, or, where 
their term e xceeds 12 months, their total 
value including the estimated residual 
value;  
(b) in the case of contracts for an indefinite 
period, the monthly instalment multiplied 
by 48. 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
[(c) deem the procurement to be covered if the 
scope of the work or the period of the 
contract is indefinite.]CDA,US  
 
[NB: C anada is proposing that 
subparagraphs  6(b) and (c) also replace 
paragraphs  7 and 8. The EC considers Canada's 
proposal to relate to m arket access as it would 
change coverage.]  
 5. In cases of contracts for the lease, rental or 
hire purchase of products or services, or in the case 
of contracts which do not specify a total price, the 
basis for valuation shall be:  
 
(a) in the case of fixed -term contracts, where 
their term is 12 months or less, the total 
contract value for their duration, or, where 
their term exceeds 12 months, their total 
value including the estimated residual 
value;  
(b) in the case of contracts for an i ndefinite 
period, the monthly instalment multiplied 
by 48. 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  GPA/TN1994/4/Rev.3  
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[7. In the case of recurring contracts , the 
calculation of the estimated value shall be based on 
the total of:  
 
(a) the actual aggregate value of recurring 
contracts of the same type awarded during 
the preceding 12  months or fiscal year, 
adjusted where possible to take account of 
anticipated changes in quantity or value 
over the subsequent 12  months ; or 
 
(b) the estimated aggregate value of recurring 
contracts to be awarded during the 
12 months subsequent to the initial 
contract or during the procuring entity's 
fiscal year, whichever is greater.]EC,SWI ,KOR 
[NB: Canada considers the EC's proposal, read 
in conjunction with the new proposed definition 
of recurring contracts, to relate to market 
access as it would change coverage . The EC 
considers that this is a mere restatement of 
Article  II:4 of the GPA.]  4. If an individual requirement for a procurement 
results in the award of more than one contract, or in 
contracts being awarded in separate parts, the basis 
for valuation shall be either:  
 
(a) the actual value of similar recurring 
contracts concluded over the previous 
fiscal year or 12 months adjusted, where  
possible, for anticipated changes in 
quantity and value over the subsequent 12 
months ; or 
 
(b) the estimated value of recurring contracts 
in the fiscal year or 12 months subsequent 
to the initial contract.  
[8. In the case of procurement by lease, rental or 
hire purchase of goods or services, or procurement 
for which a total price is not specified, the basis for 
valuation shall be, with respect to:  
 
(a) fixed-term contracts, where the term is 
12 months or less, the total contract value 
for their dur ation, or, where the term 
exceeds 12  months, the total value 
including any estimated residual value ; or 
 
(b) contracts for an indefinite period, the 
monthly instalment multiplied by 48 . 
Where there is doubt as to whether the 
contract is to be a fixed -term contract, this 
basis for valuation shall be 
used.]EC,JPN,NOR,US,KOR ,SWI 5. In cases of contracts for the lease, rental or 
hire purchase of products or services, or in the case 
of contracts which do not specify a total price, the 
basis for valuation shall b e: 
 
(a) in the case of fixed -term contracts, where 
their term is 12 months or less, the total 
contract value for their duration, or, where 
their term exceeds 12 months, their total 
value including the estimated residual 
value;  
 
(b) in the case of contracts for an indefinite 
period, the monthly instalment multiplied 
by 48. 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  III 
General Principles  Article  III 
National Treatment and Non -discrimination  
National Treatment and Non -Discrimination   
1. With respect to any measure and any covered 
procurement, each Party, including its procuring 
entities, shall accord immediately and unconditionally 
to the  goods and services of any other Party and to 
the suppliers of any other Party offering the goods or 
services of any Party, treatment no less favourable 
than the treatment the Party, including its procuring 
entities, accords to:  
 
(a) domestic goods, services and suppliers ; 
and 
 
(b) goods, services and suppliers of any other 
Party.  
 1. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall provide imme diately and unconditionally to the 
products, services and suppliers of other Parties 
offering products or services of the Parties, treatment 
no less favourable than:  
 
(a) that accorded to domestic products, 
services and suppliers ; and 
 
(b) that accorded to  products, services and 
suppliers of any other Party.  
 
Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
2. With respect to any measure and any covered 
procurement, neither a Party nor a procuring entity 
shall:  
 
(a) treat a locally established supplier less 
favourably than another locally established 
supplier on the basis of degree of foreign 
affiliation or ownership ; nor 
 
(b) discriminate against a locally established 
supplier on the basis that the goods or 
services offered by that supplier for a 
particular procurement are goods or 
services of any other Party.  
 Article  III 
2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall ens ure: 
 
(a) that its entities shall not treat a 
locally -established supplier less favourably 
than another locally -established supplier 
on the basis of degree of foreign affiliation 
or ownership ; and 
 
(b) that its entities shall not discriminate 
against locally -established suppliers on the 
basis of the country of production of the 
good or service being supplied, provided 
that the country of production is a Party to 
the Agreement in accordance with the 
provisions of Article  IV. 
Procurement Methods  Article  VII 
Tendering Procedures  
3. A procuring entity shall conduct covered 
procurement in a manner that is consistent 
with this Agreement, and, except where 
specifically provided otherwise in this 
Agreement, in a transparent and impartial 
manner[, using methods such as open 
tendering, sele ctive tendering and limited 
tendering].  1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
  GPA/TN1994/4/Rev.3  
- 15 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[new subheading]   
3bis. [A procuring entity [in Annex  1]JPN shall ensure 
that the impartiality of its procurement process may 
not be affected by family ties, business links, cross 
representation or other reasons that may cause a 
conflict of interest, in accordance with the measures 
of the Party of the procuring en tity.]JPN,KO R [A procuring 
entity shall ensure that the impartiality of the 
procurement process is not affected by a procurement 
official's personal interests, such as family ties or 
business links.]NOR 
  
Rules of Origin  Article  IV 
Rules of Origin  
4. For purposes of covered procurement, no Party 
may apply rules of origin to goods or services 
imported from or supplied by another Party that are 
different from the rules of origin the Party applies at 
the same time in the normal course of trade to 
imports or supplies of the same goods or services 
from the same Party.  
 1. A Party shall not apply rules of origin to 
products or services imported or supplied for 
purposes of government procurement covered by this 
Agreement from other Parties, which are different  
from the rules of origin applied in the normal course 
of trade and at the time of the transaction in question 
to imports or supplies of the same products or 
services from the same Parties.  
 
Offsets  Article  XVI 
Offsets  
5. With regard to covered procureme nt, a 
procuring entity shall not seek, take account of, 
impose or enforce offsets in the qualification and 
selection of suppliers, goods or services, in the 
evaluation of tenders, or in the award of 
contracts[.]HKC [, [prior to or]US,CDA in the course of a  
procurement process]US,CDA,EC. 1. Entities shall not, in the qualification and 
selection of suppliers, products or services, or in the 
evaluation of tenders and award of contracts, impose, 
seek or consider offsets.7 
Measures Not Specific to Procurement   
6. The provisions of paragraphs  1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties and charges, other 
import regulations or formalities, and meas ures 
affecting trade in services other than measures 
governing covered procurement.  Article  III 
3. The provisions of paragraphs 1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on or in connection with importation, the 
method of le vying such duties and charges, other 
import regulations and formalities, and measures 
affecting trade in services other than laws, 
regulations, procedures and practices regarding 
government procurement covered by this 
Agreement.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IV 
Publication of Procurement Information  
  
Each Party shall:  
 
(a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of general 
application, standard contract 
clauses that are mandated by law or 
regulation and are incorporated by 
reference in notices and tender 
documentation and procedure 
regarding covered procurement, 
and any modifications thereof, in 
officially designated electronic or 
paper media that are widely 
disseminated and remain readily 
accessible to the public and that are 
in the appropriate publications 
listed in Appendix  IV; and 
 
(b) provide an explanation thereof to 
any Party, on request.  
 Article  XIX 
1. Each Party shall promptly publish any law, 
regulation, judicial decision, administrative ruling of 
general application, and any procedure (including 
standard contract clauses) regarding government 
procurement covered by this Agreement, in the 
appropriate publications listed in Appendix IV and in 
such a manner as to enable other Parties and 
suppliers to become acquainted with them . Each 
Party shall be prepared, upon request, to explain to 
any other Party its government procurement 
procedures.  
 
Article  V 
Publication of Notice of Intended Procurement  
  
Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in the 
circumstances described in Article  X, a procuring 
entity shall publish a notice of intended procurement . 
The notice shall be published in the appropriate 
publication listed in Appendix  II. The notices shall be 
in electronic or paper media that are widely 
disseminated and remain readily accessible to the 
public.  [[For procuring entities in Annex  1,]JPN,KOR,US 
[In all cases,]EC,NO R,SWI the notices [where 
electronic]JPN,US shall [always]EC,NOR be 
[electronically]EC,NOR accessible free of charge through 
a single point of access].EC,NOR,KOR,SWI,JPN,U S [Procuring 
entities in Annexes  2 and 3 shall be encouraged to 
make such publications  available free of charge 
through a single point of access.]US,JPN] [Where 
electronic, the Party shall ensure the notices are 
accessible from one location.]CDA 
 1. In accordance with paragraphs  2 and 3, 
entities shall publish an invitation to participate f or all 
cases of intended procurement, except as otherwise 
provided for in Article  XV (limited tendering) . The 
notice shall be published in the appropriate 
publication listed in Appendix  II. 
 
2. The invitation to participate may take the form 
of a notice of  proposed procurement, as provided for 
in paragraph  6. 
 
2. Each notice of intended procurement shall 
include:  
 6. Each notice of proposed procurement, 
referred to in paragraph  2, shall contain the following 
information:  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the name and address of the 
procuring entity and other 
information necessary to contact 
the procuring entity and obtain all 
relevant documents relating to the 
procurement, and their cost and 
terms of payment, if any;  
  (e) the address of the entity 
awardin g the contract and 
providing any information 
necessary for obtaining 
specifications and other 
documents;  
 
 (g) the amount and terms of 
payment of any sum payable for 
the tender documentation ; and 
 
(b) a description of the procurement, 
including the nature and the 
quantity of the goods or services to 
be procured or, where the quantity 
is not known, the estimated 
quantity;  
 6. (a) the nature and quantity, […]  
 
- [whether the procuring 
entity is inviting offers for 
purchase, lease, rental or 
hire purchase, or more 
than one of these 
methods;]EC 
 6. (h) whether the entity is inviting 
offers for purchase, lease, rental or 
hire purchase, or more than one of 
these methods.  
 
 
- [any options for further 
procurement and, if 
possible, an estimate of 
when such options may be 
exercised;]EC 
 6. (a) ... including any options for 
further procurement and, if 
possible, an estimate of the timing 
when such options may be 
exercised  ...; 
 
- [for recurring contracts, if 
possible, an estimate of 
the timing of subsequent 
notices of intended 
procurement;]EC [NB: The 
US; J apan ; C T; 
Singapore ; Korea; Hong 
Kong, China ; 
Switzerland and Canada 
continue to believe that 
it is not necessary to 
require the inclusion of 
these three items of the 
notice.]  
 6. (a) ... in the case of recurring 
contracts the nature and quantity 
and, if possible, an estimate of the 
timing of the subsequent tender 
notices for the products or services 
to be procured;  
 
[(c) any optio ns;]CDA,NOR,US ,JPN 6. (a) ... including any options for 
further procurement and, if 
possible, an estimate of the timing 
when such options may be 
exercised ...;  
 
[(c)]EC[(d)]CDA,NOR,US the time -frame for 
delivery of goods or services or the 
duration of the contract;  
 6. (c) any date for starting delivery or 
completion of delivery of goods or 
services;  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(d)]EC[(e)]CDA,NOR,US the procurement 
method that will be used and 
whether it will involve negotiation  
[or the use of electronic means]EC 
[or electronic auction and any 
requirement that tenders be 
submitted by electronic 
means]CDA,US,JPN,NOR; [NB: The EC 
considers that the second 
bracketed language is too 
limitative and does not cover all 
situations where electronic 
means can be used . In any 
event, the EC considers that the 
bracketed language should be 
located in Article  XIbis:2(a).]  
 6. (b) whether the procedure is open 
or selective or will involve 
negotiation;  
 
[(e)]EC[(f)]CDA,NOR,US the address and the 
time-limits for the submission of 
tenders and, where applicable, any 
time-limits for the submission of 
applications to qualify for 
participation in the procurement;  
 
[(f)]EC[(g)]CDA,NOR,US the language or 
languages in which tenders or 
applications must be submitted, if 
other than an official language of 
the Party of the procuring entity;  
 6. (d) the address and final date for 
submitting an application to be 
invited to tender or for qualifying 
for the suppliers ' list, or for 
receiving tenders, as well as the 
language or languages in which 
they must be submitted;  
 
[(g)]EC[(h)]CDA,NOR,US a list and brief 
description of any conditions for 
participation of suppliers [, 
including any specific documents or 
certificati ons required from 
suppliers in connection 
therewith]EC,CDA,ISR,US,SWI,NOR[, unless 
such information is already included 
in the tender documentation, which 
is available at the same time as the 
notice of intended procurement]JPN; 
 6. (f) any economic and technical 
requirements, financial guarantees 
and information required from 
suppliers;  
[(h)]EC[(i)]CDA,NOR,US where, pursuant to 
Article  VIII, a procuring entity 
intends to select a limited number 
of qualified suppliers to be invited to 
tender, the criteri a that will be used 
to select them and, where 
applicable, any limitation on the 
number of suppliers that will be 
permitted to tender ; and 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(i)]EC[(j)]CDA,NOR,US an indication that the 
procurement is covered by this 
Agreement.  
 11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered 
by the Agreement.  
 
Summary Notice  
  
3. For each case of intended procurement, where 
the notice of intended procurement is not already 
published in one of the official languages of the WTO,  
a procuring entity shall publish [in a summary 
notice]EC in one of the WTO languages [at least the 
information in paragraph  2 (a), (b)[,]EC,SWI  
[and]CDA,US,KOR (e/f) [and  (g)]EC,SWI.]CDA,US,SWI,EC,NOR,KOR 
[[in a paper media listed in Appendix  2]ISR. [In 
addition, t]ISR [T]he notice [may be published also in 
electronic media and contain]ISR [shall contain at 
least]JPN the following information:  
 8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO . The notice shall contain 
at least the following information:  
 
(a) the subject -matter of the 
procurement;  
 (a) the subject matter of the contract;  
 
(b) the time -limits set for the 
submission of tenders or, where 
applicable, of applications to be 
invited to tender or for inclusion on 
multi-use lists ; and 
 (b) the time -limits set for the 
submission of tenders or an 
application to be invited to tender ; 
and 
 
(c) the addresses from which 
documents relating to the 
procurement may be 
requested.]JPN,ISR 
[NB: Korea and Japan consider that the 
summary notice shall apply even if the notice of 
intended procurement is published in a WTO 
language.]  
 (c) the addresses from which 
documents relating to the 
contracts may be requested.  
 
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to publish as 
early as possible in each fiscal year a notice regarding 
each procuring entity's future procurement plans . The 
notice should include the subject -matter of the 
procurement and the planned date of the publication 
of the notice of intended procurement . When the 
published information is in accordance with 
Article  VI:3 (a), a procuring entity may apply 
Article  VI:3 for the purpose of establishing shorter 
time-periods for tendering of a covered procurement.  
 7. Each notice of planned procurement referred 
to in paragraph 3 shall contain as much of the 
information referred to in paragraph  6 as is avai lable. 
It shall in any case include the information referred 
to in paragraph 8 and:  
 
 (a) a statement that interested 
suppliers should express their 
interest in the procurement to the 
entity;  
 
 (b) a contact point with the entity 
from which further informa tion 
may be obtained.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. A procuring entity in [Annex  2 and]US Annex  3 
may use a notice of planned procurement as a notice 
of intended procurement provided that  it includes as 
much of the information in paragraph  2 as is available 
and a statement that interested suppliers should 
express their interest in the procurement to the 
entity.  
 3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement, as pro vided for in 
paragraph  7, or a notice regarding a qualification 
system, as provided for in paragraph  9, as an 
invitation to participate.  
 
4. Entities which use a notice of planned 
procurement as an invitation to participate shall 
subsequently invite all su ppliers who have expressed 
an interest to confirm their interest on the basis of 
information which shall include at least the 
information referred to in paragraph  6. 
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VI 
Time -Periods for Tendering   
Article  XI 
Time-limits for Tendering and Delivery  
 
General  
 General  
 
1. [A procuring entity shall ensure that any 
prescribed time -limit, including any extension of this 
time-limit, is common for all interested or 
participating suppliers and is adequate to allow 
suppliers of other Parties as well as domestic 
suppliers:  
 
(a) to prepare and submit tenders ; and 
 
(b) where a procuring entity requires 
suppliers to meet conditions of 
participation to participate in 
tendering, to submit applications 
requesting participation.  
 
In determining any such time -limit, a procuring entity 
shall, consistent with its own reasonable needs, take 
into account such factors as the complexity of the 
intended procurement, the extent of subcontractin g 
anticipated, and the normal time for transmitting 
tenders from foreign as well as domestic 
points.]EC,HKC,NOR,KO R [NB: Several Parties are still 
considering whether the next provision is 
adequate.]  
 
 [A procuring entity shall provide 
sufficient time for suppliers to prepare and submit:  
 
(a) [applications to participate in a 
covered procurement and]US; and 
 
(b) responsive tenders[, consistent with 
its own reasonable needs]EC, 
 
taking into account such factors as the nature and 
complexity of the procurement [and]CDA,US [,]JPN,EC the 
extent of subcontracting anticipated[, and the normal 
time for transmitting tenders from foreign as well as 
domestic points]EC. Such time -periods, including any 
extension of the time -periods, shall be common for 
[all interested or participating] suppliers [of other 
Parties as well as domestic 
suppliers]JPN,EC.]US,CDA,JPN,EC,NOR  
 1. (a) Any prescribed 
time-limit shall be adequate to 
allow suppliers of other Parties as 
well as domestic suppliers to 
prepare and submit tend ers before 
the closing of the tendering 
procedures . In determining any 
such time -limit, entities shall, 
consistent with their own 
reasonable needs, take into 
account such factors as the 
complexity of the intended 
procurement, the extent of 
subcontracting a nticipated and the 
normal time for transmitting 
tenders by mail from foreign as 
well as domestic points.  
 
 1. (b) Each Party shall ensure 
that its entities shall take due 
account of publication delays when 
setting the final date for receipt of 
tenders or of applications to be 
invited to tender.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Deadlines  
 Deadlines  
 
2. Except as provided for in paragraphs  3 and 4, 
a procuring entity shall [establish that the final date 
for the submission of tenders shall not be]US,EC ,NOR 
[provide no] less than 40  days:  
 
(a) from the date on which the notice of 
intended procurement is published 
[and the tender documents are 
made available]CDA,EC,JPN,KOR,NOR; or 
 2. Except in so far as provided in paragraph 3,  
 
 (a) in open procedures, the period 
for the receipt of tenders shall not 
be less than 40 days from the date 
of publication referred to in 
paragraph 1 of Article  IX; 
 
(b) where [the entity has used 
procedures provided for in 
Article  VIII:[... ] [, whether or not it 
uses a multi -use list,]] [suppliers 
are required to meet conditions for 
participation in advance of the 
tendering process,]CDA [suppliers 
who meet conditions for 
participation are invited to submit a 
tender]JPN from the date on which  
the entity [initially]JPN notifies 
suppliers [that] they will be 
[permitted] [invited]JPN to submit 
tenders [to the final date for the 
submission of tenders].  
  (b) in selective procedures 
not involving the use of a 
permanent list of qualified 
suppliers, the period for 
submitting an application to be 
invited to tender shall not be less 
than 25 days from the date of 
publication referred to in 
paragraph  1 of Article  IX; the 
period for receipt of tenders shall 
in no case be less than 40  days 
from the date of issuance of the 
invitation to tender;  
 
(c) in selective procedures involving 
the use of a permanent list of 
qualified suppliers, the period for 
receipt of tenders shall not be less 
than 40 days from the date of the 
initial issuance of invitations to 
tender, whether or not the date of 
initial issuan ce of invitations to 
tender coincides with the date of 
the publication referred to in 
paragraph  1 of Article  IX. 
 
3. Under the following circumstances, a procuring 
entity may establish a time -period for tendering that 
is less than 40  days [from publicatio n of a notice of 
intended procurement or an invitation to submit 
tenders, provided that such time -period is sufficient 
to enable suppliers to prepare and submit responsive 
tenders] and is in no case less than 10  days [prior to 
the final date for submission ]: [The same shall apply 
to the 25 -day requirement for submitting applications 
specified in Article  VIII:[ Selective 
Tendering ](3).]CT,JP N [NB: The EC considers that 
the last bracketed text is addressed in Article 
VIII:[ Selective Tendering ](3).]  
 3. The periods referred to in paragraph 2 may be 
reduced in the circumstances set out below:  
 
 (a) ...the 40 -day limit for receipt of 
tenders may be replaced by a 
period sufficiently long to enable 
responsive tendering, which, as a 
general rule, shall not be less than 
24 days, but in any case not less 
than 10 days;  
 
2. (b) in selective procedures not 
involving th e use of a permanent 
list of qualified suppliers, the period 
for submitting an application to be 
invited to tender shall not be less 
than 25 days from the date of 
publication referred to in 
paragraph  1 of Article  IX; the 
period for receipt of tenders shall  in 
no case be less than 40  days from 
the date of issuance of the 
invitation to tender;  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) where [the procuring entity 
published]US,EC,CDA ,NOR [a separate 
notice, including]US,CDA,JPN a notice of 
planned procurement under 
Article  V:4 [has been published]JPN 
at least 40  days and not more than 
12 months in advance[, [and such 
notice contains : a description of the 
procurement ; the approximate 
time-limits for the submission of 
tenders or, when appropriate, 
applications for qualification ; a 
statement that interested suppliers 
should express their interest in the 
procurement to the procuring 
entity ; and the address from which 
documents relating to the 
procurement may be 
obtained]US,JPN ,EC [together with as 
much information under Article  V:2 
as is available]EC]; 
 3. (a) if a separate notice has 
been published 40 days and not 
more than 12 months in advance 
and the notice contains at least:  
 
(i) as much of the information 
referred to in paragraph 6 of 
Article  IX as is available;  
 
 
(ii) the information referred to in 
paragraph 8 of Article  IX; 
 
 
(iii) a statement that interested 
suppliers should express 
their interest in the 
procurement to the enti ty; 
and 
 
 
(iv) a contact point with the 
entity from which further 
information may be obtained,  
 
[(b)]HKC,EC ,US where a procuring entity 
publishes a second or subsequent 
notice based on an initial agreement 
or contract]HKC,EC ,US [NB: The US 
considers that the omission of 
the reference to "recurring 
nature" in the current GPA may 
need to be re -visited.]  
 3. (b) in the case of the second or 
subsequent publications dealing 
with contracts of a recurring nature 
within the meaning of paragraph 6 
of Article  IX, the 40 -day limit for 
receipt of tenders may be reduced 
to not less than 24 days;  
 
[(c)]US[b]CDA,JPN  [where the procuring 
entity procures commercial goods 
or services;]JPN,CDA,US 
  
[(d)]US[(c)]CDA,JPN ,EC where a state of urgency 
duly substantiated by the procuring 
entity renders impracticable the 
periods specified in paragraph  2. 
 3. (c) where a state of urgency duly 
substantiated by the entity renders 
impracticable the periods in 
question, the periods specified in 
paragraph  2 may be r educed but 
shall in no case be less than 
10 days from the date of the 
publication referred to in 
paragraph  1 of Article  IX; or 
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity may reduce the time -period 
of 40  days by [no more than]ISR [an increment of] 
five days for [each] [any]ISR one of the following 
circumstances:  
 
(a) the notice of intended procurement 
is published electronically ; [or]ISR 
 
(b) the [complete]EC tender 
documentation is made available 
electronically from the date of t he 
publication of the notice of intended 
procurement ; [and] [or]ISR 
 
[(c) the tenders can be received 
electronically by the procuring 
entity].  
  
5. [The use of paragraph  4, in conjunction with 
paragraph  3, shall in no case result in the reduction 
of those time -periods to less than 10  days from the 
date on which the notice of intended procurement is 
published.]EC,SWI,NOR,US,KOR,JPN  
  
[6. Notwithstanding any other 
time-periods in this Article, where a procuring entity 
is purchasing commercial goods [or ]EC,US,SWI,NOR 
[and]CDA services [and the notice of intended 
procurement and the tender documents are published 
electronically, and the tenders may be received 
electronically]EC,US,SWI,CDA, the entity may reduce the 
time-period to no less than 
[10]SWI,EC [5]US,KOR [three]CDA,HKC days, provided such 
time is sufficient to allow suppliers to submit 
responsive electronic tenders.]CDA,EC,US,SWI,NOR 
  
[7. Where a procuring entity in 
Annex  [2 or]US,CDA 3 has selected all or a limited 
number of qualified suppliers, the time -period for 
bidding may be fixed by mutual agreement between 
the procuring entity and the selected suppliers . In the 
absence of agreement, the period shall not be less 
than 10  days.]CDA,US ,EC 
 3. (d) the period referred to in 
paragraph  2(c) may, for 
procurements by entities listed in 
Annexes  2 and 3, be fixed by 
mutual agreement between the 
entity and the selected suppliers . 
In the absence of agreement, the 
entity may fix periods which shall 
be sufficiently long to enable 
respo nsive tendering and shall in 
any case not be less than 10 days.  
 
 
Article  VII 
Information on Intended Procurements  
  
Article  XII 
 
Tender Documentation  
 Tender Documentation  
 
 1. If, in tendering procedures, an entity allows 
tenders to be submitted in several languages, one of 
those languages shall be one of the official languages 
of the WTO.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. A procuring entity shall provide to suppliers 
tender documentation that includes all information 
necessary to permit suppliers to prepare and sub mit 
responsive tenders . Unless already provided in the 
notice of intended procurement, such documentation 
shall include a complete description of:  
 2. Tender documentation provided to suppliers 
shall contain all information necessary to permit them 
to subm it responsive tenders, including information 
required to be published in the notice of intended 
procurement, except for paragraph 6(g) of Article  IX, 
and the following:  
 
(a) the procurement, including the 
nature and the quantity of the 
goods or services t o be procured or, 
where the quantity is not known, 
the estimated quantity and any 
requirements to be fulfilled, 
including any technical 
specifications, conformity 
certification, plans, drawings or 
instructional materials;  
  (g) a complete description of the 
products or services required or of 
any requirements including 
technical specifications, conformity 
certification to be fulfilled, 
necessary plans, drawings and 
instructional materials;  
 
(b) any conditions for participation o f 
suppliers including a list of 
information and documents that 
suppliers are required to submit in 
connection therewith;  
  (f) any economic and technical 
requirement, financial guarantees 
and information or documents 
required from suppliers;  
 
(c) all criteria, including any cost 
factors, to be considered in the 
awarding of the contract, and the 
relative importance of such criteri a; 
  (h) the criteria for awarding the 
contract, including any factors 
other than price that are to be 
considered in the evaluation of 
tenders and the cost elements to 
be included in evaluating tender 
prices, such as transport, insurance 
and inspection cos ts, and in the 
case of products or services of 
other Parties, customs duties and 
other import charges, taxes and 
currency of payment;  
 
(d) where there will be a public opening 
of tenders, the date, time and place 
for the opening and, where 
appropriate, the persons authorized 
to be present ; and 
  (e) the persons authorized to be 
present at the opening of tenders 
and the date, time and place of this 
opening;  
 
[(e) where the tender documentation is 
available through electronic means, 
any information necessary to permit 
suppliers to use the tender 
docume ntation ; and]US,CD A [NB: 
The EC considers this provision 
to be too narrow and not 
reflecting all the content of 
Article  XIbis:2(c).]  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(e)]EC[(f)]US,CDA any other terms or 
conditions, including terms of 
payment and any limitation on the 
means by which tenders may be 
submitted, e.g. paper or electronic 
means.  
  (a) the address of the entity to 
which tenders should be sent;  
 
 (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 
  (b) the address where requests for 
supplementary information should 
be sent;  
 
 (c) the language or languages in 
which tenders and tendering 
documents must be submitted;  
 
 (d) the closing date and time for 
receipt of tenders and the length of 
time during which any tender 
should be open for acceptance;  
 
 (k) in accordance with Article XVII 
the terms and conditions, if any, 
under which tenders from countries 
not Parties to this Agreement, but 
which apply the procedures of that 
Article, will be entertained.  
 GPA/TN1994/4/Rev.3  
- 27 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[1bis. Where a  procuring entity intends to hold an 
electronic auction in a covered procurement, the 
procuring entity shall:  
 
(a) indicate in the tender 
documentation the conditions and 
rules under which the auction will be 
conducted [and the features on 
which the electronic auction will be 
run], provided that such features 
are quantifiable and can be 
expressed in figures or percentages ; 
and [NB: The United States and 
Canada question whether the 
bracketed language is necessary 
and whether the "features" are 
different from the conditions 
and rules?]  
 
(b) provide participants, prior to 
commencing the electronic auction, 
with the evaluation factors that will 
be used, including any mathematical 
formula de termining the automatic 
ranking during the electronic auction 
when the contract is to be awarded 
on the basis of the most 
economically advantageous 
tender.]US 
[NB: The EC considers that this provision should 
be located in  Article  XIbis:3 and that the 
proposal by the United States does not fully 
correspond to that paragraph . Canada questions 
whether subparagraphs  (a) and (b) could be 
combined.]  
  
2. In establishing any delivery date for the goods 
or services being procured , a procuring entity shall 
take into account such factors as the complexity of 
the procurement, the extent of subcontracting 
anticipated and the realistic time required for 
production, de -stocking and transport of goods from 
the points of supply or for sup ply of services.  
 Article  XI 
4. Consistent with the entity's own reasonable 
needs, any delivery date shall take into account such 
factors as the complexity of the intended 
procurement, the extent of subcontracting 
anticipated and the realistic time require d for 
production, de -stocking and transport of goods from 
the points of supply or for supply of services.  
 
  GPA/TN1994/4/Rev.3  
- 28 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procuring entity shall promptly:  
 
(a) provide, on request, the tender 
documentation to any supplier 
participating in the procurement ; 
and 
 
(b) reply to any reasonable request for 
relevant information by a supplier 
participating in the procurement, 
provided that such information does 
not give that supplier an advantage 
over its competitors in the 
procurement.  
 Article XII  
Forwarding of Tender Documentation by the Entities  
3. (a) In open procedures, entities shall 
forward the tender documentation 
at the request of any supplier 
participating in the procedure, and 
shall reply prompt ly to any 
reasonable request for 
explanations relating thereto.  
 
 (b) In selective procedures, entities 
shall forward the tender 
documentation at the request of 
any supplier requesting to 
participate, and shall reply 
promptly to any reasonable 
request for explanations relating 
thereto.  
 
 (c) Entities shall reply promptly to any 
reasonable request for relevant 
information submitted by a 
supplier participating in the 
tendering procedure, on condition 
that such information does not 
give that supplier an advant age 
over its competitors in the 
procedure for the award of the 
contract.  
 
Technical Specifications  
 Article  VI 
Technical Specifications  
 
4. A procuring entity shall not prepare, adopt  or 
apply any technical specification or prescribe any 
conformity assessment procedure with the purpose or 
the effect of creating unnecessary obstacles to 
international trade.  
 1. Technical specifications ... shall not be 
prepared, adopted or applied with a view to, or with 
the effect of, creating unnecessary obstacles to 
international trade.  
 
5. In prescribing the technical specifications for 
the goods or services being procured, a procuring 
entity shall, where appropriate:  
 2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical specification, 
in terms of performance and 
functional requirements, rather 
than design or descriptive 
characteristics ; and [NB: The EC 
would prefer using "or" instead 
of "and" at the end of this 
sentence.]  
  (a) be in terms of performance 
rather than design or descriptive 
characteristics ; and 
  GPA/TN1994/4/Rev.3  
- 29 - 
  PROPOSED REVISION  CORRESPONDING GPA TEX T 
(b) base the technical specification on 
international standards, where such 
exist otherwise, on [national 
technical regulations,]CDA,EC 
recognized national standards or 
building codes[, provided that the 
notice of intended procurement or 
the tender documents shall state 
that equivalent solutions shall be 
considered].EC,SWI 
  (b) be based on international 
standards, where such exist ; 
otherwise, on national technical 
regulations3, recognized national 
standards4, or building codes.  
 
[5bis. Procuring entities [shall] [may] consider 
tenders which do not comply with the design or 
descriptive characteristics of the technical 
specification but do demonstrably meet the 
requirements thereof and are fit for the purposes 
intended . In this case, the reference to the technical 
specifications in the tender documents must include 
words such as "or equivalent".]EC,KOR 
  
6. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular 
trademark or trade name, patent, copyright, design 
or type, specific origin, producer or supplier, unless 
there is no other sufficiently precise or intell igible way 
of describing the procurement requirements and 
provided that, in such cases, words such as "or 
equivalent" are included in the tender documentation.  
 3. There shall be no requirement or reference to 
a particular trademark or trade name, patent, design 
or type, specific origin, producer or supplier, unless 
there is no sufficiently precise or intelligible way of 
describing the procurement requirements and 
provided that words such as "or equivalent" are 
included in the tender documentation.  
 
7. A procuring entity shall not seek or accept, in 
a manner that would have the effect of precluding 
competition, advice that may be used in the 
preparation or adoption of any technical specification 
for a specific procurement from a person that may 
have a comm ercial interest in the procurement.  
 4. Entities shall not seek or accept, in a manner 
which would have the effect of precluding 
competition, advice which may be used in the 
preparation of specifications for a specific 
procurement from a firm that may have  a commercial 
interest in the procurement.  
 
[8. For greater certainty, this Article is not 
intended to preclude a Party from preparing, 
adopting, or applying technical specifications to 
promote the conservation of natural resources or 
protect the environm ent [provided that such technical 
specifications are consistent with 
paragraphs  4 through  7].JPN,EC]JP,EC,US,SWI,NO R [NB: 
Chinese Taipei reserves its position on the last 
bracket.]  
  
[8bis. Requirements and evaluation criteria which 
require subjective assessment or professional 
judgment should be kept to a minimum and should 
only be used where justified.]HKC 
  
  GPA/TN1994/4/Rev.3  
- 30 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Modifications  
  
[9. Where, [during the course of a procurement]US 
[prior to the award of a contract]HKC,CDA, a procuring 
entity modifies the criteria or technical requirements 
set out in a notice or tender documentation provided 
to participating suppliers, [or]US amends or reissues a 
notice or tender documentation, it s hall transmit all 
such modifications or amended or re -issued notice [in 
writing]CDA or tender documentation:  
 
(a) to all the suppliers that are 
participating at the time the 
information is amended, if known, 
and in all other cases, in the same 
manner as th e original information ; 
and 
 
(b) in adequate time to allow such 
suppliers to modify and re -submit 
amended tenders, as 
appropriate.]CDA,US 
 
[10.]US [[If, after publication of a notice of intended 
procurement, but before the time set for the opening 
or receipt of tenders as specified in the notices or the 
tender documentation, a procuring entity amends or 
re-issues the notice, the entity shall circulate the 
amendment or the re -issued notice in the same 
manner as the original documents upon which the 
amen dment or re -issued notice is based.]EC [A 
procuring entity shall provide]US,EC [A]JPN[a]US,ECny 
significant [additional]EC information to [all suppliers 
at the same time]US,EC [one supplier with respect to a 
particular intended procurement shall be given 
simultaneously to all other suppliers concerned]JPN in 
adequate time to permit the suppliers to consider 
such information and to respond to it].EC,JPN,US,HKC,CDA 
 Article IX  
10. If, after publication of an invitation to 
participate in any case of intended procurement, but 
before the time set for opening or receipt of tenders 
as specified in the notices or the tender 
documentation, it becomes necessary to amend or 
re-issue the notice, the amendment or the re -issued 
notice shall be given the same cir culation as the 
original documents upon which the amendment is 
based . Any significant information given to one 
supplier with respect to a particular intended 
procurement shall be given simultaneously to all 
other suppliers concerned in adequate time to per mit 
the suppliers to consider such information and to 
respond to it.  
 
Article  XIV:4  
 (b) all modifications to the criteria 
and to the technical requirements 
are transmitted in writing to all 
remaining participants in the 
negotiations;  
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VIII 
[Conditions for Participation]JPN 
[Qualification of Suppliers]EC,US ,NOR,CDA 
[NB: Parties are still reviewing the structure of 
this revision . The EC suggests the following 
structure : conditions for participation ; selective 
tendering ; multi-use lists ; and information on 
procuring entities' decisions . The United States 
and Canada suggest the following structure : 
conditions for participation ; multi-use lists ; 
notice inviting applications ; selective tend ering ; 
information on procuring entities' decisions.]  
  
Article  VIII 
Qualification of Suppliers  
 
[General Requirements]JPN[Conditions for 
Participation]EC,US,CDA ,NOR 
  
1. A procuring entity shall limit any conditions for 
participation in a procurement to those that are 
essential to ensure that a supplier has the legal, 
commercial, technical and financial abilities to 
undertake the relevant procurement.  
 In the process of qu alifying suppliers, entities shall 
not discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other 
Parties . Qualification procedures shall be consistent 
with the following:  
 
(b) any conditions for participation in 
tendering procedures shall be 
limited to those which are essential 
to ensure the firm's capability to 
fulfil the contract in question.  ... 
 GPA/TN1994/4/Rev.3  
- 32 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. In assessing whether a supplier satisfies the 
conditions for participation, a procuring entity shall:  
 
(a) evaluate the financial, commercial 
and technical abilities of a supplier 
on the basis of that supplier's 
business activities both inside and 
outside the territory of the Party of 
the procuring entity, and may not 
impose the condition that, in order 
for a s upplier to participate in a 
procurement, the supplier has 
previously been awarded one or 
more contracts by a procuring entity 
of a given Party [or that the supplier 
has prior work experience in the 
territory of a given 
Party]US,EC,CDA,KOR,NOR,JPN,SWI; a nd 
[NB: H ong Kong, China 
proposes either deletion of this 
bracket or adding a new 
paragraph  2bis.] 
 
(b) base its determination on the 
conditions that the procuring entity 
has specified in advance in notices 
or tender documentation.  
 
[2bis. If essential for the satisfactory performance of 
the contracts, the procuring entities may specify that 
the suppliers have prior and relevant working 
experience in the territory provided that this is not 
used to discriminate against suppliers of any other 
Parties.]HKC 
  (b) ... A ny conditions for 
participation required from 
suppliers, including financial 
guarantees, technical qualifications 
and information necessary for 
establishing the financial, 
commercial and technical capacity 
of suppliers, as well as the 
verification of qualifications, shall 
be no less favourable to suppliers 
of other Parties than to domestic 
suppliers and shall not discriminate 
among suppliers of other Parties . 
The financial, commercial and 
technical capacity of a supplier 
shall be judged  on the basis both of 
that supplier's global business 
activity as well as of its activity in 
the territory of the procuring 
entity, taking due account of the 
legal relationship between the 
supply organizations;  
 
3. A procuring entity may exclude a supplier on 
grounds such as bankruptcy, false declarations [, 
significant deficiencies in performance of any 
substantive requirement or obligation under a prior 
contract]CDA,US,KOR, [convictions for criminal 
offences][judgments in respect of serious crimin al, 
administrative or delictual matters]EC, [professional 
misconduct]EC,NOR or failure to pay taxes.  
  (h) nothing in subparagraphs (a) 
through (g) shall preclude the 
exclusion of any supplier on 
grounds such as bankruptcy or 
false declarations, provided t hat 
such an action is consistent with 
the national treatment and 
non-discrimination provisions of 
this Agreement.  
 
Multi-Use Lists  
  GPA/TN1994/4/Rev.3  
- 33 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. Where a procuring entity maintains a multi -use 
list of suppliers[, and the list can be used by such 
suppliers to prove that they meet some or all of the 
conditions for participation in respect of more than 
one procurement,]EC,SWI,NOR the entity shall annually 
publish [or otherwise make available continuously in 
electronic form]US,CDA,KOR,JPN a notice inviting interes ted 
suppliers to apply for inclusion on the list in [one o f 
the]EC [the appropriate]CDA,JPN,US publications listed in 
Appendix  III. The notice shall include:  
 Article  IX 
9. In the case of selective tendering procedures, 
entities maintaining permanent lists  of qualified 
suppliers shall publish annually in one of the 
publications listed in Appendix  III a notice of the 
following : 
 
(a) a description of the goods and 
services, or categories thereof, for 
which the list may be used;  
 (a) the enumeration of the lists 
maintained, including their 
headings, in relation to the 
products or services or categories 
of products or services to be 
procured through the lists;  
 
(b) the conditions for participation to be 
satisfied by suppliers and the 
methods that the procuring entity 
will use to verify a supplier's 
satisfaction of the conditions;  
 (b) the conditions to be fulfilled by 
suppliers with a view to their 
inscription on those lists and the 
methods according to which each 
of those conditions will be verified 
by the entity concerned ; and 
 
(c) the name and address of the 
procuring entity and other 
information necessary to contact 
the entity and obtain all relevant 
documents relating to the list;  
  
(d) the period of validity of the list and 
the means for its renewal or 
termination[, or where the period of 
validity is indefinite, an indication of 
the method by which notice will be 
given of the termination of use of 
the list]CDA,US,JPN; and 
 (c) the period of validity of the lists, 
and the formalities for their 
renewal.  
 
Article VIII  
 (f)  …Qualified suppliers included on 
permanent lists by entities shall 
also be notified of the termination 
of any such lists or of their removal 
from them;  
 
(e) an ind ication that, for procurement 
covered by this Agreement, the list 
may be used.  
 
 Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered 
by the Agreement.  
 GPA/TN1994/4/Rev.3  
- 34 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2. The notice referred to in 
paragraph  1 may be published only once, at the 
beginning of the validity of the list, provided that:  
 
(a) the period of validity is three years 
or less and is stated in the notice ; 
[and]US 
 
(b) the notice states that further 
notices will not be published[.]US; 
[and 
 
(c) this provision is not be used to 
circumvent the provisions of this 
Agreement.]EC]EC,NOR,SWI,U S [NB: 
Canada, Singapore and Japan 
question the extent to which this 
paragraph is compatible with 
paragraph  1, which foresees an 
annual publication.]  
 9. However, when the duration of the 
qualification system is three years or less, and if the 
duration of the system is made clear in the notice and 
it is also made clear that further noti ces will not be 
published, it shall be sufficient to publish the notice 
once only, at the beginning of the system . Such a 
system shall not be used in a manner which 
circumvents the provisions of this Agreement.  
 
3. A procuring entity shall allow suppliers  to apply 
at any time for inclusion on a multi -use list and shall 
include on the list all suppliers that satisfy the 
conditions for participation within a reasonably short 
time. 
 Article VIII  
(d) entities maintaining permanent 
lists of qualified suppliers shall 
ensure that suppliers may apply for 
qualification at any time ; and that 
all qualified suppliers so requesting 
are included in the lists within a 
reasonably short time;  
 
[4. Notwithstanding the use of a multi -use list, 
procuring entities in  Annexes  1 and 2 shall publish a 
notice of intended procurement in respect of each 
procurement and shall comply with, inter alia, the 
provisions of paragraphs  1 through  5 of [ Selective 
Tendering ] in respect of each procurement.]EC 
 Article IX  
1. In accordance with paragraphs  2 and 3, 
entities shall publish an invitation to participate for all 
cases of intended procurement, except as otherwise 
provided for in Article  XV (limited tendering) . The 
notice shall be published in the appropriate 
publication listed in Appendix  II. 
[Uniformity of Qualification and Registration 
Procedures]US,KOR ,EC,NOR 
  
[5. Each Party shall ensure that:  
 
(a) each procuring entity and its 
constituent parts follow a single 
qualification procedure, except in 
cases of duly substantiated need for 
a different procedure ; and 
 
(b) efforts be made to minimize 
differences in qualification [and 
registration]KOR,EC,NOR procedures 
between procuring 
entities.]SWI,EC,NOR,KOR 
 Article VIII  
 
(g) each Party shall ensure that:  
 
(i) each entity and its 
constituent parts follow a 
single qualification 
procedure, except in cases 
of duly substantiated need 
for a different procedure ; 
and 
 
(ii) efforts be made to 
minimize differences in 
qualification procedures 
between entities.  
 
[Annex  [2 and]US,CDA 3 Entities]CDA,EC,US 
  GPA/TN1994/4/Rev.3  
- 35 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. A procuring entity listed in 
Annexes  [2]US or [3]SWI,US,CDA,NOR,EC may use a notice 
inviting suppliers to apply for inclusion on a multi -use 
list as a notice of intended procurement, provided 
that: Article IX  
3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement as provided for in paragraph 
7, or a notice regarding a qualification system, as 
provided for in paragraph 9, as an invitation to 
participate.  
 
9. ... When such a notice is u sed as an invitation 
to participate in accordance with paragraph 3, the 
notice shall, in addition, include the following 
information:  
 
(d) the nature of the products or 
services concerned;  
(e) a statement that the notice 
constitutes an invitation to 
partic ipate.  
 
(a) the notice sets out, in addition to 
the information required in 
paragraph  1 of [ Multi-use Lists ], as 
much of the information required in 
Article  V:2 as is available and 
contains a statement that it 
constitutes a notice of intended 
procurement [or that only the 
suppliers on the multi -use list will 
receive further notice of 
procurements that are covered by 
the multi -use list]US,CDA; 
 
(b) the entity promptly provides to 
suppliers that have expressed an 
interest to the entity in a given  
procurement, sufficient information 
to permit them to have a 
meaningful opportunity to assess 
their interest in the procurement, 
including all remaining information 
required in Article  V:2, to the extent 
such information is available ; and 
 5. Entities whi ch use a notice regarding a 
qualification system as an invitation to participate 
shall provide, subject to the considerations referred 
to in paragraph 4 of Article  XVIII and in a timely 
manner, information which allows all those who have 
expressed an inter est to have a meaningful 
opportunity to assess their interest in participating in 
the procurement . This information shall include the 
information contained in the notices referred to in 
paragraphs 6 and 8, to the extent such information is 
available . Information provided to one interested 
supplier shall be provided in a non -discriminatory 
manner to the other interested suppliers.  
[(c) a supplier having applied for 
inclusion on a multi -use list in 
accordance with paragraph  3 of 
[Multi-use Lists ] shall be entitled to 
tender in a given procurement, if 
there is sufficient time to examine 
whether it satisfies the conditions 
for participation].EC,SWI 
 Article VIII  
(c) ... S uppliers requesting to 
participate in a particular intended 
procurement who may not yet be 
qualified shall also be considered, 
provided there is sufficient time to 
complete the qualification 
procedure;  
 
 (e) if, after publication of the notice 
under paragr aph 1 of Article  IX, a 
supplier not yet qualified requests 
to participate in an intended 
procurement, the entity shall 
promptly start procedures for 
qualification;  
 
  GPA/TN1994/4/Rev.3  
- 36 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Selective Tendering]EC,US [Notice Inviting 
Applications]JPN 
  
[1. A procuring entity that issues a separate notice 
inviting applications from suppliers to meet conditions 
for participation shall[:  
 
(a)]US,KOR publish the notice in the appropriate 
publication listed in Appendix  III, 
and include in the notice the 
information in Article 
V:2(a),  (b), (g) and (h)[; and 
 
(b) provide a sufficient period of time 
for suppliers to prepare and submit 
applications]US,KOR.]US,CDA,KOR,JPN 
 Article VIII  
 
...Qualification procedures sh all be consistent with 
the following:  
 
(a) any conditions for participation in 
tendering procedures shall be 
published in adequate time to 
enable interested suppliers to 
initiate and, to the extent that it is 
compatible with efficient operation 
of the proc urement process, 
complete the qualification 
procedures;  
 
[1.]EC[2.]US,CDA,KOR,JPN [[Except where a notice of a 
multi-use list or a separate notice[, pursuant to 
paragraph  1]US[inviting applications to meet 
conditions for participation]CDA,JPN has been [published 
or]JPN readily accessible in electronic form for a 
reasonable period of time, a]CDA,US,JPN [A]EC procuring 
entity that intends to limit the submission of tenders 
to all qualified suppliers or to a limited number of 
qualified suppliers selected by the procuring entity in 
advance of the deadline for submitting tenders shall 
publish the time limit for submitting applications in 
the notice [of intended procurement]EC.]EC,CDA,US,JPN 
  
[2.]EC[3.]US,CDA,KOR,JPN [Where the tender documents 
are not made publicly available from the date of 
publication of the notice of intended procurement, the 
procuring entity shall ensure that those documents 
are made available at the same time to all qualified or 
to a limited number of qualified su ppliers.]EC,SWI 
 Article IX  
5. Entities which use a notice regarding a 
qualification system as an invitation to participate 
shall provide, subject to the considerations referred 
to in paragraph 4 of Article  XVIII and in a timely 
manner, information which a llows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in participating in 
the procurement . This information shall include the 
information contained in the notices referred to in 
paragraphs 6 and 8, to the extent such information is 
available . Information provided to one interested 
supplier shall be provided in a non -discriminatory 
manner to the other interested suppliers.  
 GPA/TN1994/4/Rev.3  
- 37 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[3.]EC[4.]KOR,JPN [A procuring entity shall provide 
a sufficient period of time for suppliers to prepare and 
submit applications . Such time -limit shall be as a rule, 
at least 25  days from the date of publication of the 
notice of intended procurement, except in the 
circumstances foreseen under Article  VI:3, 4 and 5 
[where it does not u se a multi -use 
list]JPN,KOR.]EC,SWI,JPN,KOR 
 Article  XI 
1. (a) Any prescribed 
time-limit shall be adequate to 
allow suppliers of other Parties as 
well as domestic suppliers to 
prepare and submit tenders before 
the closing of the tendering 
procedures . In de termining any 
such time -limit, entities shall, 
consistent with their own 
reasonable needs, take into 
account  such factors as the 
complexity of the intended 
procurement, the extent of 
subcontracting anticipated and the 
normal time for transmitting 
tenders by mail from foreign as 
well as domestic points.  
 
2. Except in so far as provided in paragraph 3,  
 
[...] 
 
(b) in selective procedures not 
involving the use of a permanent 
list of qualified suppliers, the 
period for submitting an 
application to be invited to tender 
shall not be less than 25 days from 
the date of publication referred to 
in paragraph  1 of Article  IX; the 
period for receipt of tenders shall 
in no case be less than 40  days 
from the date of issuance of the 
invitation to tender;  
 
(c) in selective procedures involving 
the use of a permanent list of 
qualified suppliers, the period for 
receipt of tenders  shall not be less 
than 40 days from the date of the 
initial issuance of invitations to 
tender, whether or not the date of 
initial issuance of invitations to 
tender coincides with the date of 
the publication referred to in 
paragraph  1 of Article  IX. 
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4.]EC,US,CDA[5.]KOR,JPN A procuring entity shall allow all 
domestic suppliers and suppliers of other Parties that 
satisfy the conditions for participation in a particular 
procurement to submit a tender, unless the entity 
intends to [select a limited number of  qualified 
suppliers].  [NB: Japan is still considering its 
position on this bracketed language. ] In such a 
case, the entity shall[:  
 
(a)] state in the notice of intended 
procurement or, where publicly 
available, in the tender 
documentation,  any limitation on 
the number of suppliers that will be 
permitted to tender and the 
[objective and 
non-discriminatory]EC,SWI,NOR criteria 
for such limitation[ ; 
and]EC,SWI[.]US,CDA 
 
[(b) comply with the provisions of 
paragraphs  1 through  3 of 
[Selective Tenderin g].]EC,SWI 
 Article VIII  
(c) the process of, and the time required for, 
qualifying suppliers shall not be used in order 
to keep suppliers of other Parties off a 
suppliers' list or from being considered for a 
particular intended procurement . Entities 
shall recognize as qualified suppliers such 
domestic suppliers or suppliers of other 
Parties who meet the conditions for 
partici pation in a particular intended 
procurement . S uppliers requesting to 
participate in a particular intended 
procurement who may not yet be qualified 
shall also be considered, provided there is 
sufficient time to complete the qualification 
procedure;  
 
Article  X 
1. To ensure optimum effective international 
competition under selective tendering procedures, 
entities shall, for each intended procurement, invite 
tenders from the maximum number of domestic 
suppliers and suppliers of other Parties, consistent 
with th e efficient operation of the procurement 
system . They shall select the suppliers to participate 
in the procedure in a fair and non -discriminatory 
manner.  
 
2. Entities maintaining permanent lists of 
qualified suppliers may select suppliers to be invited 
to tender from among those listed . Any selection shall 
allow for equitable opportunities for suppliers on the 
lists. 
 
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX . The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient op eration of the procurement system.  
 GPA/TN1994/4/Rev.3  
- 39 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[5.]EC,US[6.]KOR,JPN [Where a supplier submits an 
application for recognition that it has satisfied the 
conditions for participation, and all other requested 
documents relating thereto, within the time -limit 
[referred t o in paragraph  3 of [Selective 
Tendering ]]EC,SWI, a procuring entity shall examine it 
and may not exclude the supplier from consideration 
in respect of the procurement on the grounds that the 
procuring entity has insufficient time to examine the 
applicatio n[, unless due to the complexity of the 
procurement the entity is not able to complete the 
examination of the application]HKC,US [within the 
time-period allowed for the submission of tenders]US 
[before commencement of tendering]HKC. [The 
process of, and ti me required for, verifying if such 
suppliers satisfy the conditions for participation shall 
not be used to exclude such suppliers from being 
considered for the procurement.]EC,SWI,KOR]EC,SWI,KOR,US 
 Article VIII  
(c) the process of, and the time 
required for, qualifying suppliers 
shall not be used in order to keep 
suppliers of other Parties off a 
suppliers' list or from being 
considered for a particular intended 
procurement . E ntities shall 
recognize as qualified suppli ers 
such domestic suppliers or 
suppliers of other Parties who meet 
the conditions for participation in a 
particular intended procurement . 
Suppliers requesting to participate 
in a particular intended 
procurement who may not yet be 
qualified shall also be co nsidered, 
provided there is sufficient time to 
complete the qualification 
procedure;  
 
Article X  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX . The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
 
Article XI  
1. (a) Any prescribed time -limit shall 
be adequate to allow suppliers of 
other Parties as well as domestic 
suppliers to prepare and submit 
tenders before the closing of the 
tendering procedures . I n 
determining any such time -limit, 
entities shall,  consistent with their 
own reasonable needs, take into 
account such factors as the 
complexity of the intended 
procurement, the extent of 
subcontracting anticipated and the 
normal time for transmitting 
tenders by mail from foreign as well 
as domestic points . 
 
 Article X  
4. Requests to participate in selective tendering 
procedures may be submitted by telex, telegram or 
facsimile.  
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Information on Procuring Entities ' Decisions  
  
[1. [Where a procuring entity has required 
suppliers to apply for recognition that they have 
satisfied the conditions for participation in accordance 
with paragraphs  [], the]CDA,US [A procuring]EC,NOR 
entity shall promptly inform all such suppliers of its 
decision and, on request from a su pplier, promptly 
provide it with a written explanation of the reasons 
for the procuring entity's decision to:  
 
(i) accept or reject the supplier's 
application [for recognition of 
satisfaction of conditions for 
participation, or for inclusion on a 
multi-use list; or 
 
(ii) cease to recognize a supplier as 
satisfying the conditions for 
participation for a procurement or 
for inclusion on a multi -use 
list.]EC,SWI,NOR]EC,SWI,CDA,US,NOR 
 Article VIII  
 (f) any supplier having requested 
to become a qualified supplie r shall 
be advised by the entities 
concerned of the decision in this 
regard . Qualified suppliers included 
on permanent lists by entities shall 
also be notified of the termination 
of any such lists or of their removal 
from them ...;  
 
 
[Article  IX 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. A Party may provide for its procuring entities 
to conduct negotiations:  
 1. A Party may provide for entities to conduct  
negotiations:  
 
(a) in the context of procurements in 
which they have indicated such 
intent in the notice of intended 
procurement in paragraph  2 of 
Article  V; or 
 (a) in the context of procurements in 
which they have indicated such 
intent, namely in the notice 
referred to in paragraph 2 of Article 
IX (the invitation to suppliers to 
partici pate in the procedure for the 
proposed procurement) ; or 
 
(b) where it appears from the 
evaluation that no one tender is 
obviously the most advantageous in 
terms of the specific evaluation 
criteria set forth in the notices or 
tender documentation.  
 (b) when it appears from evaluation 
that no one tender is obviously the 
most advantageous in terms of the 
specific evaluation criteria set forth 
in the notices or tender 
documentation.  
 2. Negotiations shall primarily be used to identify 
the strengths and weaknesses in tenders.  
 
2. A procuring entity [shall treat tenders in 
confidence . In particular, it]EC,ISR,SWI [shall not provide 
information intended to assist particular participants 
to bring their tenders up to the level of other 
participants.]EC,ISR,SWI,C T [NB: Canada, the US and 
Korea believe that this issue is already 
addressed by Articles  XI:2 and XIII:3, and 
suggest to delete this paragraph . The EC is 
considering this suggestion. ] 
 3. Entities shall treat tenders in confidence . In 
particular, they shall not provide information 
intended to assist particular participants to bring their 
tenders up to the level of other participants.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procuring entity shall ensure that any 
elimination of tenderers in negotiations is  carried out 
in accordance with the [evaluation] criteria set out in 
the notices or tender documentation.  
 4. Entities shall not, in the course of 
negotiations, discriminate between different 
suppliers . In particular, they shall ensure that:  
 
 (a) any elimination of 
participants is carried out in 
accordance with the criteria set 
forth in the notices and tender 
documentation;  
 
4. A procuring entity shall transmit, in writing, 
any modifications to the criteria made in the course 
of negotiations to te nderers whose tenders have not 
yet been eliminated according to the [evaluation] 
criteria set out in the notices or tender 
documentation, and when negotiations are concluded 
will provide a common deadline for the remaining 
tenderers to submit any new or re vised tenders.]  
[NB: The US and Canada suggest deleting the 
entire Article as its substance is covered 
elsewhere . Hong Kong, China ; EC; Switzerland ; 
and Korea disagree as they consider that this 
Article is important on the substance and not all 
its element s are found elsewhere.]  
 4. (b) all modifications to the 
criteria and to the technical 
requirements are transmitted in 
writing to all remaining 
participants in the negotiations;  
 
(c) all remaining participants are 
afforded an opportunity to submit 
new or amended submissions on 
the basis of the revised 
requirements ; and 
 
(d) when negotiations are concluded, 
all participants remaining in the 
negotiations shall be permitted to 
submit fina l tenders in accordance 
with a common deadline.  
 
 
Article  X 
Limited Tendering  
  
Article  XV 
Limited Tendering  
 
1. Provided that it does not use this provision for 
the purpose of avoiding competition among suppliers 
or in a manner that discriminates against suppliers of 
the other Parties, or that protects domestic suppliers, 
a procuring entity may [contact a supplier or suppliers 
of its choice]CDA,JPN [use a limited tendering 
procedure]EC,US,NOR,SWI and may choose not to apply 
Articles  [...] in the following circumstances : [NB: 
Canada, Japan and the US propose matching the 
Articles in the current Agreement . The EC is still 
considering if all Articles mentioned in the 
current Agreement are relevant.]  
 1. The provisions of Articles  VII thro ugh XIV 
governing open and selective tendering procedures 
need not apply in the following conditions,  provided 
that limited tendering is not used with a view to 
avoiding maximum possible competition or in a 
manner which would constitute a means of 
discrimi nation among suppliers of other Parties or 
protection to domestic producers or suppliers:  
 
Article VII  
3. For the purposes of this Agreement:  
 
(c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. 
 
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) provided that the requirements of 
the tender documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted  or no suppliers 
applied to meet the 
conditions for 
participation;  
 
(ii) where no tenders that 
conform to the essential 
requirements of the tender 
documentation were 
submitted;  
 
(iii) where no suppliers 
satisfied the conditions for 
participation ; or 
 
(iv) where the tenders 
submitted have been 
collusive;  
 Article XV:1  
 (a) in the absence of tenders in 
response to an open or selective 
tender, or when the tenders 
submitted have been collusive, or 
not in conformity with the essential 
requirements in the te nder, or from 
suppliers who do not comply with 
the conditions for participation 
provided for in accordance with this 
Agreement, on condition, however, 
that the requirements of the initial 
tender are not substantially 
modified in the contract as 
awarded;  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) where the goods or services can be 
supplied only by a particular 
supplier and no reasonable 
alternative or substitute goods or 
services exist for the following 
reasons:  
 
(i) the requirement is for a 
work of art;  
 
(ii) the protection of patents, 
copyrights or other 
exclusive rights[, or 
proprietary 
information]US,CDA,JPN; or 
[NB: T he EC is 
wondering what is the 
extent or definition of 
proprietary 
information.]  
 
(iii) due to an absence of 
competition for technical 
reasons;  
  (b) when, for works of art or for 
reasons connected with protection 
of exclusive rights, such as patents 
or copyrights, or in the absence of 
competition for technical reasons, 
the products or servic es can be 
supplied only by a particular 
supplier and no reasonable 
alternative or substitute exists;  
 
(c) for additional deliveries of goods or 
services by the original supplier that 
are intended either as replacement 
parts, extensions, or continuing 
services for existing equipment, 
software, services or installations, 
where a change of supplier would 
compel the entity to procure goods 
or services [[either]EC not meeting 
requirements of interchangeability 
with [or not operable with]EC 
existi ng equipment, software, 
services, or installations]JPN,KOR,EC 
[that would : [NB: Switzerland 
notes that the relationship 
between (c)  and (g) needs 
further scrutiny.]  
 
(i) alter the operation or use 
of the existing goods or 
services ; or 
 
(ii) due to the change of goods 
or services, require 
existing equipment or 
services to be 
altered;]CDA,US 
  (d) for additional deliveries by the 
original supplier which are intended 
either as parts replacement for 
existing supplies, or installations, 
or as the extension o f existing 
supplies, services, or installations 
where a change of supplier would 
compel the entity to procure 
equipment or services not meeting 
requirements of interchangeability 
with already existing equipment or 
services5; 
 
Footnote  
5. It is the understa nding that "existing 
equipment" includes software to the extent that the 
initial procurement of the software was covered by 
the Agreement.  GPA/TN1994/4/Rev.3  
- 44 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) in so far as is strictly necessary 
where, for reasons of extreme 
urgency brought about by events 
unforeseeable b y the procuring 
entity, the goods or services could 
not be obtained in time under 
tendering procedures consistent 
with Articles  []; 
  (c) in so far as is strictly necessary 
when, for reasons of extreme 
urgency brought about by events 
unforeseeable by the entity, the 
products or services could not be 
obtained in time by means of open 
or selective tendering procedures;  
 
(e) for goods purchase d on a 
commodity market ; or 
  (h) for products purchased on a 
commodity market;  
 
(f) where a procuring entity procures a 
prototype or a first good or service 
that is developed at its request in 
the course of, and for, a particular 
contract for research, experiment, 
study or original development . 
Original development of a first good 
or serv ice may include limited 
production or supply in order to 
incorporate the results of field 
testing and to demonstrate that the 
good or service is suitable for 
production or supply in quantity to 
acceptable quality standards, but 
does not include quantity 
production or supply to establish 
commercial viability or to recover 
research and development costs;  
  (e) when an entity procures 
prototypes or a first product or 
service which are developed at its 
request in the course of, and for, a 
particular contract for research, 
experiment, study or original 
development . When such contracts 
have been fulfilled, subsequen t 
procurements of products or 
services shall be subject to 
Articles  VII through XIV6; 
 
Footnote  
6. Original development of a first product or 
service may include limited production or supply in 
order to incorporate the results of field testing and to 
demon strate that the product or service is suitable for 
production or supply in quantity to acceptable quality 
standards . It does not extend to quantity production 
or supply to establish commercial viability or to 
recover research and development costs.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(g) where additional 
[construction]JPN,CDA,US,KOR services 
which were not included in the initial 
procurement but which were within 
the objectives of the original tender 
documentation have, through 
unforeseeable circumstances, 
become necessary to complete the 
services described therein, and the 
entity needs to award contracts for 
the additional services to the 
contractor carrying out the services 
concerned since the separation of 
the additional services from the 
initial procurement would be 
difficult for technic al or economic 
reasons and cause significant 
inconvenience to the procuring 
entity . However, the total value of 
contracts awarded for the additional 
services may not exceed 50  per 
cent of the amount of the main 
procurement ; [NB: Switzerland, 
Norway and the  EC question 
why this should be limited to 
construction.]  
  (f) when additional construction 
services which were not included in 
the initial contract but which were 
within the objectives of the original 
tender documentation have, 
through unforeseeable 
circumstances, become necessary 
to complete the construction 
services described therein, and the 
entity needs to award contracts for 
the additional construction services 
to the contractor carrying out the 
construction services concerned 
since the separation of  the 
additional construction services 
from the initial contract would be 
difficult for technical or economic 
reasons and cause significant 
inconvenience to the entity . 
However, the total value of 
contracts awarded for the 
additional construction services 
may not exceed 50 % of the amount 
of the main contract;  
 
(h) for new [construction]JPN,CDA,US,KOR 
services consisting of the repetition 
of similar services which conform to 
a basic project for which an initial 
contract was awarded following an 
open or selective procurement 
method and for which the procuring 
entity has indicated in the notice of 
intend ed procurement concerning 
the initial service, that a limited 
procurement method might be used 
in awarding contracts for such new 
services;  
  (g) for new construction services 
consisting of the repetition of 
similar construction services which 
conform to a  basic project for which 
an initial contract was awarded in 
accordance with Articles  VII 
through XIV and for which the 
entity has indicated in the notice of 
intended procurement concerning 
the initial construction service, that 
limited tendering procedures  might 
be used in awarding contracts for 
such new construction services;  
 
(i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term in the case of 
unusual disposals such as arising 
from liquidation, receive rship or 
bankruptcy and not for routine 
purchases from regular suppliers ; 
and 
  (i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term . This provision is 
intended to cover unusual disposals 
by firms which are not normally 
suppliers, or disposal of assets of 
businesses in liquidation or 
receivership . It is not intended to 
cover routine purchases from 
regular suppliers;  
 GPA/TN1994/4/Rev.3  
- 46 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(j) in the case of a contract awarded to 
a winner of a design contest 
provided tha t: 
 
(i) the contest has been 
organized in a manner that 
is consistent with the 
principles of this 
Agreement, notably as 
regards the publication of a 
notice of intended 
procurement ; and 
 
(ii) the participants are judged 
by an independent jury 
with a view to a design 
contract being awarded to 
a winner.  
  (j) in the case of contracts awarded 
to the winner of a design contest 
provided that the contest has been 
organized in a manner which is 
consistent with the principles of 
this Agreement, notably as reg ards 
the publication, in the sense of 
Article  IX, of an invitation to 
suitably qualified suppliers, to 
participate in such a contest which 
shall be judged by an independent 
jury with a view to design contracts 
being awarded to the winners.  
 
2. A procuring  entity shall prepare a report in 
writing on each contract awarded under paragraph  1. 
Each such report shall include the name of the 
procuring entity, the value and kind of goods or 
services procured and a statement indicating the 
circumstances and conditi ons described in 
paragraph  1 that justified the use of such procedures.  
 2. Entities shall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph  1. Each report shall contain the name of 
the procuring entity, value and kind of goods or 
services procured, country of origin, and a statement 
of the conditions in this Article which prevailed . This 
report shall remain with the entities concerned at the 
disposal of the government authorities responsible 
for the entity in order that  it may be used if required 
under the procedures of Articles  XVIII, XIX, XX and 
XXII. 
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XI 
Treatment of Tenders and Contract Awards  
  
Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
 
Receipt and Opening of Tenders   
 
 1. The submission, receipt and opening of 
tenders and awarding of contracts shall be consistent 
with the following:  
 
 (a) tenders shall normally be 
submitted in writing directly or by 
mail. If tenders by telex, telegram 
or facsimile are permitted, the 
tender made thereby must include 
all the information necessary for 
the evaluation of the tender, in 
particular the definitive price 
proposed  by the tenderer and a 
statement that the tenderer agrees 
to all the terms, conditions and 
provisions of the invitation to 
tender . The tender must be 
confirmed promptly by letter or by 
the despatch of a signed copy of 
the telex, telegram or facsimile . 
Tenders presented by telephone 
shall not be permitted . The content 
of the telex, telegram or facsimile 
shall prevail where there is a 
difference or conflict between that 
content and any documentation 
received after the time -limit; and 
 
1. A procuring entity s hall receive and open all 
tenders under procedures that guarantee the fairness 
and impartiality of the procurement process.  
 Opening of Tenders  
3. All tenders solicited under open or selective 
procedures by entities shall be received and opened 
under proce dures and conditions guaranteeing the 
regularity of the openings . The receipt and opening 
of tenders shall also be consistent with the national 
treatment and non -discrimination provisions of this 
Agreement . Information on the opening of tenders 
shall remai n with the entity concerned at the disposal 
of the government authorities responsible for the 
entity in order that it may be used if required under 
the procedures of Articles  XVIII, XIX, XX  and XXII.  
 
2. A procuring entity shall treat tenders in 
confidence at least until the award of the contract.  
 Article XIV  
3. Entities shall treat tenders in confidence . In 
particular, they shall not provide information 
intended to assist particular participants to bring their 
tenders up to the level of other pa rticipants.  
 
3. A procuring entity shall not penalize any 
supplier whose tender is received after the time 
specified for receiving tenders if the delay is due 
solely to mishandling on the part of the procuring 
entity.  
 Article XIII  
Receipt of Tenders  
2. A supplier shall not be penalized if a tender is 
received in the office designated in the tender 
documentation after the time specified because of 
delay due solely to mishandling on the part of the 
entity . Tenders may also be considered in other 
exceptional  circumstances if the procedures of the 
entity concerned so provide.  
 GPA/TN1994/4/Rev.3  
- 48 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. When a procuring entity provides suppliers 
with opportunities to correct unintentional errors of 
form between the opening of tenders and the 
awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating 
suppliers.  
  (b) the opportunities that may be 
given to tenderers to correct 
unintentional errors of form 
between the opening of tenders 
and the awarding of the contract 
shall not b e permitted to give rise 
to any discriminatory practice.  
 
Awarding of Contracts  
 Award of Contracts  
 
5. To be considered for award, a tender must be 
in writing and must, at the time of opening, comply 
with the essential requirements of the notices and 
tender documentation and be from a supplier that 
satisfies any conditions for participation.  
 4. (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 be from a 
supplier which complies with the 
conditions for participation. ...  
 
 (c) Awards shall be made in 
accordance with the criteria and 
essential requirements specified in 
the tender documentation.  
 
6. A procuring entity shall not use option clauses 
in a manner that circumvents the provisions of this 
Agreement.  
 5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
 
7. Unless a procuring entity determines that it is 
not in the public interest to award a contract, it shall 
award the contract to the supplier that the entity has 
determined to be fully capable of undertaking the 
contract and whose tender is either the lowest price 
or the tender that the entity has determined to be the 
most advantageous solely  on the basis of the 
requirements and evaluation criteria specified in the 
notices or tender documentation.  
 4. (b) Unless in the public interest an 
entity decides not to issue the 
contract, the entity shall make the 
award to the tenderer who has 
been dete rmined to be fully 
capable of undertaking the 
contract and whose tender, 
whether for domestic products or 
services, or products or services of 
other Parties, is either the lowest 
tender or the tender which in 
terms of the specific evaluation 
criteria set f orth in the notices or 
tender documentation is 
determined to be the most 
advantageous.  
 
8. Where a procuring entity receives a tender 
with a price that is abnormally lower than the prices 
in other tenders submitted, it may verify with the 
tenderer that it can comply with the conditions of 
participation and be capable of fulfilling the terms of 
the contract.  
 4. (a) ... If an entity has received a tender 
abnormally lower than other tenders submitted, it 
may enquire with the tenderer to ensure that it can 
comply with the conditions of participation and be 
capable of fulfilling the terms of the contract.  
 
[9. A procuring entity shall not cancel a 
procurement or modify awarded contracts in a 
manner that circumvents the obligations of this 
Agreeme nt.]US,EC,NOR,JPN,SWI 
  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
[Article  XIbis 
Use of Electronic Means ] 
[NB: Israel is still considering this proposed 
Article . C anada is questioning 
whether  2 (b), 2 (d) and 3 (d) are necessary.]  
  
1. [Procurement covered by this Agreement 
conducted, exclusively or not, by electronic means 
shall be subject to the provisions of this 
Agreement.]EC,SGP,KOR,SWI 
 
2. Where a procuring entity intends to conduct a 
procurement using electronic means, either whol ly or 
partially, it shall:  
 
[(a) indicate in the notice of intended 
procurement its intention to use 
electronic means;]EC,KO R [NB: The 
United States, Japan and 
Canada consider that this 
provision should be located in 
Article V:2[(d)]EC[(e)]CDA,NOR,US.] 
 
(b) ensure that any means and tools 
used for communicating 
electronically including 
authentication, integrity of data and 
encryption are 
[non-discriminatory][.]JPN, 
[generally available and 
interoperable with the information 
and communication technology 
products in general use and will not 
impose an unreasonable burden on 
other Parties' suppliers access to 
the tendering procedure] ; [NB: 
Canada, the US and Japan have 
reservations on this 
subparagraph and consider 
that, to the extent these matters 
need to be covered, they should 
be addressed in Article III.]  
 
(c) ensure that all information 
necessary to permit potential 
suppliers to meet the specifications 
for using the necessary electronic 
means and tools is available to 
interested parties and is included by 
the procuring entity in the tender 
documentation ; and [NB: Canada, 
the US and Japan believe that 
this paragraph should be Article XXIV:8  
Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall cons ult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement . These consultations shall in particular 
aim to ensure that the use of in formation technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly identified and that all 
available information relating to a parti cular contract 
can be identified . When a Party intends to innovate, 
it shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
 GPA/TN1994/4/Rev.3  
- 50 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
modified and moved to 
paragraph  1 in Article  VII.]  
 
(d) use mechanisms which clearly and 
unambiguously guarantee that, 
pending the expiry of the deadlines 
set, the integrity of data is 
preserved, access to tenders and 
request to participate is prohibited 
and the timing of receipt of tenders 
and request to participate is 
accurately established.  [NB: The 
US, Canada and Japan consider 
that, to the extent these matters 
need to be covered, they should 
be addressed in Article III . The 
EC is wondering whether this is 
covered elsewhere.]  
 
3. [A procuring entity that intends to hold an 
electronic auction in a] [A]US covered procurement  
[may be conducted by electronic auction, provided 
that the procuring entity]US shall: [NB: Japan and 
Israel are wondering whether the requirements 
of confidentiality allow for the use of electronic 
auction . The EC believes that there is no 
contradiction between the running of an 
electronic auction and requirements of 
confidentiality.]  
 
[(a) state their intention to use 
electronic auctions in the notice of 
intended procurement; ] [NB: 
Canada and the United States 
consider that this provision 
should be located in 
Article  V:2.]  
 
(b) indicate in the tender documents 
the features on which the electronic 
auction will be run, provided that 
such features are quantifiable and 
can be expressed in figures or 
percentages, and the conditions and 
rules unde r which the auction will be 
carried out ; [NB: Canada and the 
US believe this should be 
located in Article  VII relating to 
evaluation criteria.]  
 
(c) provide participants, before starting 
the electronic auction, with the 
evaluation factors that will be used , 
including [any]US [the]EC 
mathematical formula determining GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
the automatic ranking during the 
electronic auction when the contract 
is to be awarded on the basis of the 
most economically advantageous 
tender ; [NB: Canada believes 
this should be located in 
Article VII relating to 
evaluation criteria.]  
 
[(d) ensure that electronic auctions 
operate in full accordance with the 
general principles of this 
Agreement, in particular, equal 
treatment, non -discrimination and 
transparency.]EC 
 
[4. A procuring entity shall ensure that all stages 
of the procurement procedure conducted by electronic 
[auction]SGP [means]EC remain fully traceable for a 
period of at least three years from the award of the 
contract.]EC,KO R [NB: C anada, the US and 
Singapore wonder whether this should not be 
addressed in Article  XII:4 bis, if at all 
necessary.]  
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XII 
Transparency of Contract Award Information  
  
Article XVIII  
Information and Review as Regards Obligations of 
Entities  
 
Information Provided to Suppliers  
  
1. A procuring entity shall promptly inform 
[participating]EC,NOR suppliers [that have submitted 
tenders]CDA,JPN,US,HKC,KOR of the entity's contract award 
decisions [and, on request, in writing].EC,SWI,NO R 
Subject to Article  XIII, a procuring entity shall, on 
request, provide an unsuccessful supplier with an 
explanation  of the reasons that the entity did not 
select its tender and the relative advantages of the 
successful supplier's tender.  
 3. Entities shall promptly inform participating 
suppliers of decisions on contract awards and, upon 
request, in writing.  
 
2. Each en tity shall, on request from a supplier 
of a Party, promptly provide:  
 
 (a) an explanation of its 
procurement practices and 
procedures;  
 
 (c) to an unsuccessful tenderer, 
pertinent information concerning 
the reasons why its tender was not 
selected and on th e characteristics 
and relative advantages of the 
tender selected as well as the name 
of the winning tenderer.  
 
  (b) pertinent information 
concerning the reasons why the 
supplier's application to qualify was 
rejected, why its existing 
qualification was brought to an end 
and why it was not selected ; and 
 
Publication of Award Information  
  
2. Not later than 72 days after the award of each 
contract covered by this Agreement, a procuring 
entity shall publish a notice in an officially designated 
publication listed in Appendix  II that may be in an 
electronic or paper medium . Where only an electronic 
medium is use d, the information shall remain readily 
accessible for a reasonable period of time . The notice 
shall include at least the following information:  
 1. Entities shall publish a notice in the 
appropriate publication listed in Appendix II not later 
than 72 days after the award of each contract under 
Articles  XIII through XV . These notices shall contain:  
(a) a description of the goods or 
services procured;  
  (a) the nature and quantity of 
products or services in the contract 
award;  
 
(b) the name and address  of the 
procuring entity;  
  (b) the name and address of the 
entity awarding the contract;  
 
(c) the name and address of the 
successful supplier;  
  (d) the name and address of 
winning tenderer;  
(d) the value of the successful tender or 
the highest and lowest offers taken 
into account in the award of the 
contract;  
  (e) the value of the winning award 
or the highest and lowest offer 
taken into account in the award of 
the contract;  
(e) the date of award ; and 
  (c) the date of award;  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) type of procurement method used, 
and in cases where limited 
tendering was used pursuant to 
Article  [X (Limited Tendering) ], a 
description of the circumstances 
justifying the use of such 
procedure.  
  (g) the type of procedure used.  
 
 (f) where appropriate, means of 
identifying the notice issued under 
paragraph 1 of Article  IX or 
justification according to Article  XV 
for the use of such procedure ; and 
 
Provision of [Award ] Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
 
3. On request of any other Party, [and subject to 
Article  XIII:[2]  [1]EC]EC without prejudice to the 
provision under Article  XVIII [Dispute Settlement], a 
Party shall provide promptly such informat ion on the 
[procurement and]EC award of a contract, including 
information on the characteristics and relative 
advantages of the successful tender and on the 
contract price, as may be necessary to determine 
whether the procurement was conducted fairly, 
impartially and in accordance with this Agreement.  
[In cases where release of this information would 
prejudice competition in future tenders, t]EC,SWI [T]he 
Party that receives that information shall not disclose 
it to any supplier, except after consultation w ith, and 
agreement of, the Party that provided the 
information.  
 2. The government of an unsuccessful tenderer 
which is a Party to this Agreement may seek, without 
prejudice to the provisions under Article  XXII, such 
additional information on the contract award as may 
be necessary to ensure that the procurement was 
made fairly and impartially . To this end, the procuring 
government shall provide information on both the 
characteristics and relative advantages of the winning 
tender and the contract price . Normally this latter 
information may be disclosed by the government of 
the unsuccessful tenderer provided it exercises this 
right with discretion . In cases where release of this 
information would prejudice competition in future 
tenders, this information shall not be disclosed except 
after consultation with and agreement of the Party 
which gave the information to the government of the 
unsuccessful tenderer.  
 
3. Available information concerning procurement 
by covered entities and their individual contract 
awards shall be provided, upon request, to any other 
Party.  
 
Maintenance of Documentation and Reports  
  
4. Each procuring entity shall maintain 
documentation and reports of tendering procedures 
and contract awards relating to covered procurement, 
including the reports provided for in Article  [X 
(Limited Tendering) ], and shall retain such 
documentation and reports for a period of at least 
three  years from the award of the contract.  
 
[4bis. A procuring entity shall ensure that all stages 
of the procurement procedure conducted by 
electronic [auction]SGP [means] remain fully traceable 
for a period of at least three years from the award of 
the contract.]KOR] [NB: The EC considers that this 
provision should be located in Article  XIbis:4 as 
the obliga tion of traceability does not 
correspond to the obligation of maintaining 
documentation or reports . The US, Japan and 
Canada are still considering the content of, and 
the need for, this paragraph.]  
 Article XX  
4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by this Agreement shall be 
retained for three years.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Collection and Report of Statistics  
  
5. Each Party shall collect and report to the 
Committee statistics on its contracts covered by this 
Agreement . Each report shall cover one  year and be 
submitted within two  years of the end of the reporting 
period, and shall contain:  
 
(a) For Annex  1 procuring entities:  
 
(i) the number and total 
value, for all such entities, 
of contracts covered by 
this Agreement;  
 
(ii) the number and total 
value of all contracts 
covered by this Agreement 
awarded by such entities, 
broken down by 
[categories of] goods and 
services [according to  a[n 
internationally 
recognized]CDA,US uniform 
classification system] ; and 
[NB: S witzerland 
suggests the deletion of 
"by categories of goods 
and services according 
to an internationally 
recognized uniform 
classification system" ; 
this should be left 
optiona l to Members 
depending on the use 
they may have from 
these statistics.]  
 
(iii) the number and total value 
of contracts covered by 
this Agreement awarded 
by each such entity under 
limited tendering;  
 
[(iv) the total value of contracts 
awarded under 
derogati ons to the 
Agreement contained in 
the relevant Annexes.]CDA 
 Article XIX  
5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement . Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) for entities in Annex  1, statistics on 
the estimated value of contracts 
awarded, both above and below the 
threshold value, on a global basis 
and br oken down by entities ; for 
entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value on a global basis 
and broken down by categories of 
entities;  
 
(b) for entities in Annex  1, statistics on 
the number and  total value of 
contracts awarded above the 
threshold value, broken down by 
entities and categories of products 
and services according to uniform 
classification systems ; for entities in 
Annexes  2 and 3, statistics on the 
estimated value of contracts 
awarde d above the threshold value 
broken down by categories of 
entities and categories of products 
and services;  
 
(c) for entities in Annex  1, statistics, 
broken down by entity and by 
categories of products and services, 
on the number and total value of 
contract s awarded under each of 
the cases of Article  XV...; and 
 
(d) for entities in Annex  1, statistics, 
broken down by entities, on the 
number and total value of contracts 
awarded under derogations to the 
Agreement contained in the 
relevant Annexes...  . 
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) For Annex  2 and 3 procuring 
entities, the number and total value 
of contracts covered by this 
Agreement awarded by all such 
entities, broken down by Annex.  
 
(c) Where data to be provided under 
subparagraph  [(a) and]EC,US,JPN (b) 
is not available, estimates  shall be 
provided.  
 
 5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement . Such 
reports shall contain the following information with 
respect to contracts awarded by all procur ement 
entities covered under this Agreement:  
 
(a) ... for entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value on a global basis 
and broken down by categories of 
entities;  
 
(b) ... for entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value broken down by 
categories of entities and categories 
of products and services;  
 
(c) ...for categories of entities in 
Annexes  2 and 3, stat istics on the 
total value of contracts awarded 
above the threshold value under 
each of the cases of Article  XV; and 
 
 (d) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
under derogations to the 
Agreeme nt contained in the 
relevant Annexes.  
 
 5. ... To the extent that such information is 
available, each Party shall provide statistics on the 
country of origin of products and services purchased 
by its entities . With a view to ensuring that such 
statistics are comparable, the Committee shall provide 
guidance on methods to be used . With a view to 
ensuring effective monitoring of procurement covered 
by this Agreement, the Committee may decide 
unanimously to modify the requirements of 
subparagraphs ( a) through (d) as regards the nature 
and the extent of statistical information to be provided 
and the breakdowns and classifications to be used.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. Where a Party publishes its statistics on an 
official website, the Party may substitute a notification 
of the website address for the submission of the data, 
with any instructions necessary to access and use 
such statistics.  
 
7. Where a Party requires notices concerning 
awarded contracts, pursuant to Article  XII:2, to be 
published electronically and where such notices are 
accessible to the public through a single database in 
a form permitting [automatic] analysis of the covered 
contracts, the Party may substitute a notification of 
the website address for the submission of the data, 
with any instructions nec essary to access and use 
such data.  
  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIII 
Non-Disclosure of Information  
  
1. Notwithstanding any other provision of the 
Agreement, a Party or a procuring entity may not 
provide information to a particular supplier that might 
prejudice fair competition between suppliers.  
 Article VII  
2. Entities shall not provide to any supplier 
information with regard to a specific procurement in 
a manner which would have the effect of precluding 
competition.  
 
Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest of particular 
enterprises, public or private, or might pr ejudice fair 
competition between suppliers shall not be revealed 
without formal authorization from the party providing 
the information.  
 
2. Nothing in this Agreement shall be construed 
to require a Party or procuring entity [or an authority 
or review body  under 
Article  XVII [or XVIII]EC]EC,US ,HKC,JPN to release 
[confidential]CDA,JPN information under this Agreement 
where release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition 
between suppliers;  
 
(c) would prejudice the legitimate 
commercial interests, including the 
protection of intellectual property, 
of particular persons ; or 
 
(d) would otherwise be contrary to the 
public interest.  
 
[except to the extent that it may be required to be 
disclosed in the  context of proceedings under 
Articles  XVII or XVIII.]EC 
 Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs  1 and 2(c), be withheld where release of 
such information would impede law enfor cement or 
otherwise be contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIV 
Developing Countries2 
  
Article  V 
Special and Differential Treatment for Developing 
Countries  
1. In negotiations on accession to, and in the 
implementation and administration of, the 
Agreement, the Parties shall take special 
consideration of developing countries' and 
least-developed countries' (collectively referred to 
hereafter as "developing countries" , unless 
specifically identified otherwise ) development, 
financial and trade needs and circumstances, 
recognizin g that these may differ significantly from 
country to country . In this context, the Parties shall 
give due consideration to requests by a developing 
country for transitional measures with regard to its 
market access commitments under paragraph  3, as 
well a s its implementation of the procedural 
obligations of the Agreement under paragraph  5. As 
provided for in this Article, the Parties[:  
(a)]US,JPN  shall accord special and 
differential treatment to[ : 
(a)]EC,NOR,SWI least-developed 
countries [and [other] dev eloping 
countries]SWI,ISR,KOR[.]ISR,KOR[; and 
 
(b) [may accord such treatment 
to]US,CDA,JPN any other developing 
country, where and to the extent 
that [the Parties determine 
that]US,JPN,CDA [this]EC,NOR special and 
differential treatment [meets 
its]EC,NOR [responds to its]JPN,CDA,US 
development 
needs.]EC,US,SWI,JPN,NOR,ISR,CDA 
 Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, through the 
provisions set out in this Article, duly take into 
account the development, financial and trade needs 
of developing countries, in particular least -developed 
countries, in their need to : ... 
 
 1. (a) safeguard their 
balance -of-payments position and 
ensure a level of reserves 
adequate for the implementation of 
programmes of economic 
development;  
 
[bearing in mind the importance attached to the 
concept of development, in particular as it refers to 
small and medium enterprises fro m developing 
countries, the Parties shall give due consideration to 
a request by a developing country to invoke the use 
of "offsets" as defined in Article I and under the 
conditions stated below.]ISR 1. (b) promote the establishment or 
development of domes tic 
industries including the 
development of small -scale and 
cottage industries in rural or 
backward areas ; and economic 
development of other sectors of the 
economy;  
 
(c) support industrial units so long as 
they are wholly or substantially 
dependent on gove rnment 
procurement ; and 
 
  
 
2 In the light of the request to the Secretariat made d uring the drafting session of 5 October 2004, to 
look into the use of the expressions 'developing country Parties' and 'acceding developing country' in this 
Article, the Secretariat suggest that the simplest way of making the text of the Article more coher ent is by 
deleting the words 'Party' and 'acceding' wherever logically possible.  This version is drafted accordingly.  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (d) encourage their economic 
development through regional or 
global arrangements among 
developing countries presented to 
the Ministerial Conference of the 
World Trade Organization 
(hereinafter referred to as the 
"WTO") and not disapproved by it.  
 
2. [Subject to the coverage that a developed 
country Party has negotiated with a developing 
country, the]SWI,US,JPN,CDA [Each]EC,NOR developed 
country Party shall provide immediately to the goods, 
services and suppliers of the developing country the 
most favourable treatment offered by that Party 
under Appendix  I upon accession of the developing 
country . However, with respect to a developing 
country other than a lea st-developed country, where 
the Parties have agreed to [the partial or total 
exclusion of a specific sector or entity]EC,US,JPN 
[transitional measures,]SWI provided for in 
paragraph  3 for such country, in order to maintain 
appropriate reciproca l opportunit ies under the 
Agreement, any Party may agree with the developing 
country to limit the scope of coverage that the Party 
provides to that country during the agreed transition 
period . Any such limitations shall be clearly identified 
in the Committee's accessi on decision and in each 
Party's Annexes or Notes to Appendix  I. 2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, facilitate 
increased imports from developing countries, bearing 
in mind the special problems of least -developed 
countries and of those countries at low stages of 
economic development.  
 
Coverage  
 
3. ... Developed countries, in the preparation of 
their coverage lists unde r the provisions of this 
Agreement, shall endeavour to include entities 
procuring products and services of export interest to 
developing countries.  
 
Special Treatment for Least -Developed Countries  
 
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries 
(BISD 26S/203 -205), special treatment shall be 
granted to least -developed country Parties and t o the 
suppliers in those Parties with respect to products or 
services originating in those Parties, in the context of 
any general or specific measures in favour of 
developing country Parties . A Party may also grant 
the benefits of this Agreement to supplie rs in 
least-developed countries which are not Parties, with 
respect to products or services originating in those 
countries.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Based on its development needs, and with the 
agreement of the Parties, a developing country may, 
upon its accession to the Agreement, adopt or retain 
one or more of the following transitional measures 
with a phase -out schedule set out in an Annex to its 
Appendix  I [during an agreed -upon transition 
period]EC: 
 
(a) a price preference programme, 
provided that the programme:  
 
(i) provides a preference only 
for the part of the tender 
incorporating goods or 
services originating in the 
developing country 
applying the preference or 
goods or services 
originating in other 
developing countries that 
have preferential 
agreements with the 
developing country 
applying the preference ; 
and 
 
(ii) is transparent, and its 
application is clearly stated 
in notices of intended 
procurement and notices 
inviting suppliers to apply 
for participation in 
procurement covered by 
the Agreement ; [and]EC 
 Agreed Exclusions  
 
4. A developing country may negotiate with 
other participants in negotiations under this 
Agreement mutually acceptable exclusions from the 
rules on national treatment with respect to certain 
entities, products or services that are included in its 
coverage lis ts, having regard to the particular 
circumstances of each case . In such negotiations, the 
considerations mentioned in subparagraphs  1(a) 
through 1(c) shall be duly taken into account . A 
developing country participating in regional or global 
arrangements am ong developing countries referred 
to in subparagraph  1(d) may also negotiate 
exclusions to its lists, having regard to the particular 
circumstances of each case, taking into account, 
inter alia, the provisions on government procurement 
provided for in the regional or global arrangements 
concerned and, in particular, products or services 
which may be subject to common industrial 
development programmes.  
(b) an offset, provided that:  
 
(i) any requirement for, or 
consideration of, the 
imposition of the offset  is 
clearly stated in notices of 
intended procurement and 
notices inviting suppliers to 
apply for participation in 
procurement covered by 
the Agreement ; and 
 
(ii) the offset  is applied in a 
non-discriminatory [and 
fair]JPN manner ; [and]EC,SWI 
 Article XVI  
2. Nevertheless, having regard to general policy 
considerations, including those relating to 
development, a developing country may at the time 
of accession negotiate conditions for the use of 
offsets, such as requirements for the incorporation of 
domestic content . Such requirements shall be used 
only for qualification to participate in the 
procurement process and not as criteria for awarding 
contracts . Conditions shall be objective, clearly 
defined and non -discriminatory . They shall be set 
forth in the country's Appendix I and may include 
precise limitations on the imposition of offsets in any 
contract subject to this Agreement . The existence of 
such conditions shall be notified to the Committee 
and included in the notice of intended procurement 
and other documentation.  
 
[(c) [in exceptional cases and when duly 
justified by the developing 
country:]EC a threshold that is 
higher than its permanent 
threshold ; [ and]US,CDA,JPN,KOR 
[or]EC]US,CDA,JPN,KOR,EC  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) [in exceptional cases [and when 
duly justified by the developing 
country]EC,JPN,]EC,US,SWI the partial or 
total exclusion of a specific sector or 
entities.  
 Article V  
 
3.  With a view to ensuring that developing 
countries are able to  adhere to this Agreement on 
terms consistent with their development, financial 
and trade needs, the objectives listed in paragraph  1 
shall be duly taken into account in the course of 
negotiations with respect to the procurement of 
developing countries to be covered by the provisions 
of this Agreement. ...  
 
[4. The agreed -upon transition period shall not 
exceed 10  years for developing countries and 
20 years for least -developed countries.]EC,JPN 
  
5. In order for a developing country to bring its 
measures into conformity with Articles [ procedural 
Articles ] of the Agreement, it may, with the 
agreement of the Parties, apply a specified 
implementation period, which shall be:  
 
(a) for a least -developed country, 
[three] years upon its accession to 
the Agreement ; and 
 
(b) for any other developing country, 
the period necessary to adopt 
measures relating to [specific 
provisions of]US,CDA,JPN the 
Agreement,  
 
provided that the developing country complies with 
Article  III [[ national treatment and ]EC 
non-discrimination ]. 
  
6. Any developing country that has been 
permitted to apply an implementation period under 
paragraph  5 shall list in an Annex to its Appendix  I the 
implementation period, and where applicable, specific 
procedural obligations and any interim measures that 
it will take with regard to those obligations.  
  
7. At the end of the transition period, provided 
for in paragraph  3, and the implementation 
period, provided for in paragraph  5, the 
developing country shall fully comply with the 
Agreement.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
8. After the Agre ement has entered into force for 
a developing country, the Committee, on request of 
the developing country[, and with a three -fourths 
majority vote,]EC,SWI,KOR may: 
(a) extend the transitional period for 
measures permitted under 
paragraph  3 or the implementation 
period permitted under 
paragraph  5 where a developing 
country demonstrates a need for 
the extension ; or 
 
(b) approve the application of a new 
transitional measure in special 
circumstances unforeseen during 
the accession pr ocess, provided 
that the measure is consistent with 
paragraph  3. 
 5. After entry into force of this Agreement, a 
developing country Party may modify its coverage 
lists in accordance with the provisions for 
modification of such lists contained in paragraph  6 of 
Article  XXIV, having regard to its development, 
financial and trade needs, or may request the 
Committee on Government Procurement (hereinafter 
referred to as "the Committee") to grant exclusions 
from the rules on national treatment for certain 
entitie s, products or services that are included in its 
coverage lists, having regard to the particular 
circumstances of each case and taking duly into 
account the provisions of subparagraphs  1(a) 
through 1(c) . After entry into force of this 
Agreement, a developi ng country Party may also 
request the Committee to grant exclusions for certain 
entities, products or services that are included in its 
coverage lists in the light of its participation in 
regional or global arrangements among developing 
countries, having r egard to the particular 
circumstances of each case and taking duly into 
account the provisions of subparagraph  1(d). Each 
request to the Committee by a developing country 
Party relating to modification of a list shall be 
accompanied by documentation releva nt to the 
request or by such information as may be necessary 
for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
9. A developing country benefiting from a 
transitional measure provided for in paragraph  3 or 8, 
or an implementation period provided for in 
paragraph  5, or any extension thereof under 
paragraph  8 shall take such steps as may be 
necessary to ensure the fulfilment of all of its 
obligations at the end of any such period . The 
developing country shall notify the Committee of such 
steps, including any special technical co -operation 
and capacity building needs.  
  
10. During a developing country's accession 
process or after the entry into force of this Agreement 
for that country, the Parties shall give due 
consideration to any request by such country for 
technical cooperation and capacity building in relation 
to that co untry's implementation of this Agreement.  
 Technical Assistance for Developing Country Parties  
 
8. Each developed country Party shall, upon 
request, provide all technical assistance which it may 
deem appropriate to developing country Parties in 
resolving t heir problems in the field of government 
procurement.  
 
9. This assistance, which shall be provided on the 
basis of non -discrimination among developing 
country Parties, shall relate, inter alia, to: 
 
 - the solution of particular technical 
problems    relating to the award of a 
specific contract;    and 
 
 - any other problem which the Party 
making the   request and another Party 
agree to deal with in   the context of 
this assistance.  
 
10. Technical assistance referred to in 
paragraphs  8 and 9 would include t ranslation of 
qualification documentation and tenders made by 
suppliers of developing country Parties into an official 
language of the WTO designated by the entity, unless 
developed country Parties deem translation to be 
burdensome, and in that case explan ation shall be 
given to developing country Parties upon their 
request addressed either to the developed country 
Parties or to their entities.  
 
13. Each developed country Party shall, upon 
request, provide assistance which it may deem 
appropriate to potenti al tenderers in least -developed 
countries in submitting their tenders and selecting 
the products or services which are likely to be of 
interest to its entities as well as to suppliers in 
least-developed countries, and likewise assist them 
to comply with te chnical regulations and standards 
relating to products or services which are the subject 
of the intended procurement.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
11. The Committee shall review the operation and 
effectiveness of this Article every five  years.  
 7. Such agreed exclusions as mentioned in 
paragraphs 4, 5 and 6 shall be subject to review in 
accordance with the provisions of paragraph  14 
below.  
 
 
Review  
 
14. The Committee shall review annually the 
operation and effectiveness of this Article and, after 
each three years of its oper ation on the basis of 
reports to be submitted by Parties, shall carry out a 
major review in order to evaluate its effects . As part 
of the three -yearly reviews and with a view to 
achieving the maximum implementation of the 
provisions of this Agreement, incl uding in particular 
Article  III, and having regard to the development, 
financial and trade situation of the developing 
countries concerned, the Committee shall examine 
whether exclusions provided for in accordance with 
the provisions of paragraphs  4 throug h 6 of this 
Article shall be modified or extended.  
 
 
Article  XV 
Exceptions to the Agreement  
  
Article  XXIII 
Exceptions to the Agreement  
 
1. Nothing in this Agreement shall be construed 
to prevent any Party from taking any action or not 
disclosing any information that it considers necessary 
for the protection of its essential security interests 
relating to the procurement of arms, ammunition or  
war materials, or to procurement indispensable for 
national security or for national defence purposes.  
 1. Nothing in this Agreement shall be construed to 
prevent any Party from taking any action or not 
disclosing any information which it considers 
necess ary for the protection of its essential security 
interests relating to the procurement of arms, 
ammunition or war materials, or to procurement 
indispensable for national security or for national 
defence purposes.  
2. Subject to the requirement that 
such me asures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiable 
discrimination between Parties where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shall be 
construed to prevent any Party from imposing or 
enforcing measures:  
 
(a) necessary to protect public 
morals, order or safety;  
 
(b) necessary to protect human, 
animal or plant life or health;  
 
(c) necessary to protect intellectual 
property ; or 
 
(d) relating to goods or services of 
handicapped persons, of 
philanthropic institutions or of 
prison labour.  
 2. Subject to the requirement that such 
measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable 
discrimination between countries where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shall 
be construed to prevent any Party from imposing or 
enforcing measures : necessary to protect public 
morals,  order or safety, human, animal or plant life 
or health or intellectual property ; or relating to the 
products or services of handicapped persons, of 
philanthropic institutions or of prison labour.  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to 
protect human, animal or plant life or health]CDA,US [or 
natural resources].CT]US,CDA,C T [NB: Hong Kong, 
China ; Korea; the EC ; and Japan considered this 
paragraph not necessary, given 
paragraph  2(b).] 
  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. [Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect to 
untying of such aid, this Agreement does not apply to 
procurement made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.]SWI,JPN,KO R [NB: Location needs to be 
reconsidered . Norway proposes to delete this 
paragraph. ] [Market Access Issue ] 
 Notes  
 
Article  1, paragraph  1 
 
 Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect to the 
untying of such aid, this Agreement does not apply to 
procurement made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.  
 
 
[Article  XVI 
Modifications and Rectifications to Coverage  
[NB: Parties are still reviewing this compromise 
language proposed by the United States.]  
  
 
Notification of Proposed Modification   
1. A Party shall notify the Committee [of]US any 
rectification, transfer of an entity from one Annex to 
another, withdrawal [of an entity]US, or [in 
exceptional cases,]CDAother  modification (referred to 
generally in this Article as "modification") of 
Appendices I through IV . The Committee shall 
circulate the notification to the Parties to the 
Agreement . The Party proposing the modification 
("modifying Party") shall include in th e notification:  
 
 (a) for proposed [withdrawals of an 
entity from]US [modifications, 
of]EC,US Appendix I [in exercise of its 
rights]JPN [in the exercise of a 
Party's right]EC on the grounds that 
government control or influence 
[over it]US has been effectiv ely 
eliminated[, including by virtue of 
liberalisation]EC, evidence that such 
government control or influence 
has been effectively eliminated, 
including information that 
addresses, as appropriate, the 
indicative criteria developed by the 
Committee in accor dance with 
paragraph  [10]; or 
 
(b) for other proposed modifications, 
information as to the likely 
consequences of the change for the 
mutually agreed coverage provided 
in this Agreement[, as 
appropriate]JPN. Article XXIV  
6. Rectifications or Modifications  
(a) Rectifications, transfers of an entity from one 
Annex to another or, in exceptional cases, other 
modifications relating to Appendices I through IV 
shall be notified to the Committee, along with 
information as to the likely consequences of the 
change for  the mutually agreed coverage provided in 
this Agreement. ... 
(b) Where a Party wishes, in exercise of its rights, 
to withdraw an entity from Appendix I on the grounds 
that government control or influence over it has been 
effectively eliminated, that Party  shall notify the 
Committee. …  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
2. Where a Party whose rights under this 
Agreement may be affected (referred to in this Article 
as an "affected Party") by a proposed modification 
notified under paragraph  1 submits to the Committee 
an objection in writing to the proposed modification 
within [45]US,CDA[30]KOR days, the Committee shall 
circulate the objection, and the modifying Party and 
the affected Party [shall]US,KOR,J PN [may]EC seek to 
resolve the objection through consultations . In such 
consultations, the Parties concerned shall consider the 
proposed modification and, in the case of a 
notification under paragraph  1(b), any claim for 
compensatory adjustments[, as appro priate]JPN, with 
a view to maintaining a balance of rights and 
obligations and a comparable level of mutually agreed 
coverage provided in this Agreement prior to such 
notification.3 
 
3. If no Party submits to the Committee an 
objection in writing to the p roposed modification 
within [45]US,CDA[30]KOR days, [the] proposed 
[withdrawal or other]CDA modification [of a purely 
formal or minor nature]CDA shall become 
effective[.]EC,JPN,KOR,US [30 days after the end of the 
45-day period.]CDA [In other cases, the Ch airman of 
the Committee shall promptly convene a meeting of 
the Committee . The Committee shall consider the 
proposal and any claim for compensatory 
adjustments.]CDA 
 6. Rectifications or Modifications  
 
(a)  ... If the rectifications, transfers  or 
other modifications are of a purely formal or minor 
nature, they shall become effective provided there is 
no objection within 30 days . In other cases, the 
Chairman of the Committee shall promptly convene a 
meeting of the Committee . The Committee shall 
consider the proposal and any claim for 
compensatory adjustments, with a view to 
maintaining a balance of rights and obligations and a 
comparable level of mutually agreed coverage 
provided in this Agreement prior to such notification . 
In the event of agreement not being reached, the 
matter may be pursued in accordance with the 
provisions contained in Article XXII.  
 
(b) ... Such modification shall become 
effective the day after the end of the following 
meeting of the Committee, provided that the meeting  
is no sooner than 30  days from the date of 
notification and no objection has been made….  
 
Arbitration  
 
4. If the [modifying Party and those]EC,US,NOR,JPN 
Parties who have objected are unable to reach 
agreement within [120]  days from the [end of the 
objection period in paragraph  2]CDA,US [date of 
circulation of the first objection]EC,NOR [or at any earlier 
date agreed by the Parties]KOR,US,NOR,EC,JPN, [any 
objecting [Party or]CDA,KOR]EC,CDA,KOR [the 
modifying]US,CDA,KOR,JPN Party may refer the matter to 
arbitration[, by notifying the Chairman of the 
Committee]EC,US. [If no objecting party refers the 
matter to arbitration within [120]  days from the date 
of circulation of the first objection, the proposed 
modification shall become effective.]EC,NOR,KO R Where  a 
proposed modification has been referred to 
arbitration, any affected Party [which has submitted 
an objection and]EC,US,NOR that wishes to enforce a 
right [to compensation]EC that it may have must 
participate in the arbitration . If the Parties 
participat ing in the arbitration cannot agree on an 
arbitrator within 10  days after referring the matter to 
arbitration, the Director -General shall appoint the 
arbitrator within 10  days, after consulting the 
Parties.4 
 
[4bis. Arbitration pursuant to this Article sh all be the 
exclusive means to resolve any dispute arising with 
respect to the conformity of a proposed modification 
with this Article, the level of compensatory 6. Rectifications or Modifications  
 
(a)  ... In the event of agreement not 
being reached, the matter may be pursued in 
accordance with the provisions contained in Article 
XXII. 
 
(b) …In the event of an objection, the 
matter may be pursued in accordance with the 
procedures on consultations and dispute settlement 
contained in Article  XXII. In considering the proposed 
modification to Appendix I and any consequential 
compensatory adjustment, allowance shall be made 
for the market -opening effects of the removal of 
government contro l or influence.  
 
3 [Negotiator's note:  The Parties may need to consider how implementation would proceed in the event 
that the modifying Party and the ob jecting Party are able to resolve the dispute through consultations.]  
4 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.  
[Arbitrators shall be drawn from the same body of persons eligible to serve as panellists under the GPA.]EC GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
adjustment necessary to maintain the balance of 
rights and obligations and a comparable mutuall y 
agreed coverage provided in this Agreement 
consequent upon a modification made pursuant to 
this Article, or the withdrawal of substantially 
equivalent benefits pursuant to paragraph [9].]EC,KOR 
 
5. In the case of a proposed [withdrawal]US,JPN 
[modification]EC under paragraph  1(a), the arbitrator 
shall determine whether government control or 
influence [over the entity proposed to be 
withdrawn]US has been effectively eliminated.  [The 
modifying Party shall have the burden of making a 
prima facie  case demonstrating that government 
control or influence over the entity has been 
effectively eliminated.]US,NOR ,JPN [If the arbitrator 
determines that government control or influence has 
been effectively eliminated, the modifying party may 
implement the pr oposed modification without 
providing any compensatory adjustment . If the 
arbitrator determines that government control or 
influence has not been effectively eliminated, the 
modifying party may implement the proposed 
modification by offering adequate compe nsatory 
adjustment . The modifying party may request 
arbitration to determine the level of compensatory 
adjustment to be offered . The arbitrator's 
determination shall be issued within 60  days from the 
request for arbitration.]EC 
 
6. In the case of any other proposed modification, 
the arbitrator shall determine the level of 
compensatory adjustments necessary to maintain the 
balance of rights and obligations and a comparable 
level of mutually agreed coverage provided in the 
Agreement [a lso determine whether the proposed 
modification is of a purely formal or minor nature]JPN. 
[Each Party participating in the arbitration shall bear 
the burden of proving what it believes to be the 
appropriate level of compensatory adjustments.]US 
 
7. The ar bitrator [normally]US shall issue [its]US [a 
reasoned]EC determination [and a report of the 
reasons therefore]US to the Parties to the arbitration 
and to the Committee within [90] days of the 
appointment of the arbitrator . The Committee shall 
promptly circ ulate the determination to the Parties to 
the Agreement.  
 
[7bis. Any party to the arbitration may appeal issues 
of law or legal interpretation developed by the 
arbitrator within 30  days of the circulation of the 
determination to the Parties to the Agreement . The 
provisions of the DSU on appeal shall apply mutatis 
mutandis  to an appeal brought under this provision . 
The arbitrator's report, as modified by the Appellate 
Body, shall be promptly circulated to the Parties to 
the Agreement.]EC 
 
8. Where an  affected Party has [referred the 
matter to arbitration]EC [objected to the proposed 
modification and the Parties concerned have not 
resolved the objection through consultations]US, the 
modifying Party may implement its proposed 
modification only after the  [arbitrator issues its 
determination and only in a manner that is consistent GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
with the findings of the arbitration]US [arbitration is 
complete]EC. 
 
9. If the modifying Party implements its proposed 
modification before the [arbitrator issues its 
determinati on]US [arbitration is complete]EC or 
implements such modification in a manner that is 
inconsistent with the findings of the arbitration [and 
otherwise fails to offer adequate compensatory 
adjustment]EC, any affected Party that participated in 
the arbitrati on may [modify or withdraw substantially 
equivalent benefits]EC [adjust its coverage in order to 
restore the balance of rights and obligations and a 
comparable level of coverage]US.5 [Notwithstanding 
Article [III], t]EC[T]UShe affected Party shall 
impleme nt the modification solely with respect to the 
modifying Party and shall promptly notify the 
Committee of the modification.  
 
[9bis. The modifying Party may request arbitration to 
determine the level of substantially equivalent 
benefits to be withdrawn purs uant to paragraph  [9]. 
Any modification or withdrawal of benefits shall be 
consistent with the arbitrators' determination . Any 
such determination shall be issued within 60  days 
from the request for arbitration.]EC 
 
  
 
5 [Negotiator's note:  The Parties may wish to clarify what recourse the modifying Party has if it objects 
to the adjustment of the affected Party.]  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Committee Responsibilities  
 
[10. The Committee shall develop [working 
procedures for arbitrations under this Article]US,EC[,]EC 
[and]US criteria that indicate the effective elimination 
of governm ent control or influence over an entity[, 
and criteria that indicate how to determine the level 
of compensatory adjustment to be offered for 
modifications made pursuant to this 
provision]EC.]US,EC,CDA  
 
Article  XVII  
Challenge Procedures  
  
Article XX  
Challenge Procedures  
[Consultations between the Procuring Entity and 
Supplier  
 
1. In the event of a complaint by a supplier that 
there has been a breach of [another Party's measures 
implementing]US this Agreement arising in the context 
of a covered procurement in which the supplier has, 
or has had, an interest, each Party shall encourage 
the procuring entity and supplier to seek resolution of 
the complaint through consultations . The procuring 
entity  shall accord impartial and timely consideration 
to any such complaint in a manner that is prejudicial 
neither to the supplier's participation in ongoing or 
future procurement nor to the supplier's rights to seek 
corrective measures under the challenge sys tem. 
 Consultations  
 
1. In the event of a complaint by a supplier that 
there has been a breach of this Agreement in the 
context of a procurement, each Party shall encourage 
the supplier to seek resolution of its complaint in 
consultation with the procuring  entity . In such 
instances the procuring entity shall accord impartial 
and timely consideration to any such complaint, in a 
manner that is not prejudicial to obtaining corrective 
measures under the challenge system.  
 
Challenge  
 
2. Each Party shall provide timely, effective, 
transparent and non -discriminatory means for a 
supplier to challenge an alleged breach of this 
Agreement arising in the context of a covered 
procurement, in which it has, or has had, an interest . 
The procedural r ules for all  challenges shall be in 
writing and made generally available.  
 Challenge  
 
2. Each Party shall provide non -discriminatory, 
timely, transparent  and effective procedures enabling 
suppliers to challenge alleged breaches of the 
Agreement arising in the context of procurements in 
which they have, or have had, an interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
 
3. Each supplier shall be allowed a sufficient 
period of time to prepare and submit a challenge, 
which in no case shall be less than 10  days from the 
time when the basis of the complaint became known 
or reasonably should have become known to the 
supplier.  [NB: Hong Kong, China believes that the 
time-period allowed for submitting a bid 
challenge should be specified.]  
 5. The interested supplier may be required to 
initiate a challenge procedure and notify the 
procuring entity within specified time -limits from the 
time when the basis of the complaint is known or 
reasonably should have been known, but in no case 
within a period of less than 10 days.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. Each Party shall establish or designate at least 
one impartial administrativ e or judicial authority that 
is independent of its procuring entities to receive and 
review complaints of suppliers arising in the context 
of a procurement covered by this Agreement. 
 
5. Where a body other than an authority referred 
to in paragraph  4 initi ally reviews a complaint, the 
Party shall ensure that the supplier may appeal the 
initial decision to an impartial administrative or 
judicial authority that is independent of the procuring 
entity that is the subject of a challenge.  
 6. Challenges shall be heard by a court or by an 
impartial and independent review body with no 
interest in the outcome of the procurement and the 
members of which are secure from external influence 
during the term of appointment ... 
 
6. A review body that is not a court  shall either 
be subject to judicial review or shall have procedures 
which provide that:  
 6. ... A review body which is not a court shall 
either be subject to judicial review or shall have 
procedures which provide that:  
 
(a) the procuring entity shall respond in 
writing to the complaint and 
disclose all relevant documents to 
the review body;  
  (g) documents are disclosed to the 
review body.  
 
 (e) opinions or decisions are given 
in writing with a statement 
describing the basis for the 
opinions or decisions;  
 
(b) the participants to the proceedings 
shall have the right to be heard 
prior to a decision of the review 
body being made on the complaint;  
  (a) participants can be heard before 
an opinion is given or a decision is 
reached;  
 
(c) the participants to the proceedings 
shall have the right to be 
represented and accompanied;  
  (b) participants can be represented 
and accompanied;  
 
(d) the participants to the proceedings 
shall have access to all 
proceedings[, subject to 
Article  XIII (Non-Disclosure of 
Information)]US; 
  (c) participants shall have access to 
all proceedings;  
 
(e) the participants to the proceedings 
shall have the right t o request that 
the proceedings take place in 
public[, subject to 
Article  XIII (Non-Disclosure of 
Information),]US,JPN and that 
witnesses may be presented ; and 
  (d) proceedings can take place in 
public;  
 
(f) decisions or recommendations 
relating to supplier [challenges]EC 
[complaints]US shall be provided, in 
a timely fashion, in writing, with an 
explanation of the basis for each 
decision or recommendation.  
  (f) witnesses can be presented;  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Each Party shall adopt or maintain procedures 
that provide for:  
 7. Challenge procedures shall provide for:  
 
(a) rapid interim measures[, pending 
the resolution of a 
complaint,]US,CDA,HKC [to correct 
breaches of the Agreement 
and]JPN,EC to preserve the supplier's 
opportunity to participate in the 
procurement . S uch interim 
measures may result in suspension 
of the procurement process . 
However, procedures may provide 
that overriding adverse 
consequences for the interests 
concerned, includin g the public 
interest, may be taken into account 
when deciding whether such 
measures should be applied . In 
such circumstances, just cause for 
not acting shall be provided in 
writing;  
  (a) rapid interim measures to 
correct breaches of the Agreement 
and to preserve commercial 
opportunities . Such action may 
result in suspension of the 
procurement process . However, 
procedures may provide that 
overriding adverse consequences 
for the interests concerned, 
including the public interest, may 
be tak en into account in deciding 
whether such measures should be 
applied . In such circumstances, 
just cause for not acting shall be 
provided in writing;  
 
  (b) an assessment and a possibility 
for a decision on the justification of 
the challenge;  
 
(b) correcti on of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which 
may be limited to costs for the 
preparation of the tender or 
[complaint]US [challenge]EC [; and 
  (c) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which 
may be limited to costs for tender 
preparation or protest.  
 
(c) protection of the confidentiality of 
information subject to 
Article  XIII:2]EC 
  
 8. With a view to the preservation of the 
commercial and other interests involved, the 
challenge procedure shall normally be completed in a 
timely fashion.  
 
 
Article  XVIII  
Consultations and Dispute Settlement  
  
Article XXII  
Consultations and Dispute Settlement  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. [The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") [shall be 
applicable] [apply]CDA except as otherwise provided 
below.]CDA,EC,JPN,NOR,IS R [The provisions of 
Article  XXII and XXIII of GATT[, except 
Article  XXIII:1(c),]US as elaborated and applied by the 
Understanding on Rules and Procedures Governing 
the Settlement of Disputes under the WTO Agreement 
(Dispute Settlement Understanding) [shall] apply to 
consultations and the settlement of disputes under 
this Agreement, except as otherwise specifically 
provided herein.]US,SWI 
 1. The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") shall be 
applicable except as otherwise specifically provided 
below.  
 
[2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement  is being nullified or impaired, or that the 
attainment of any objective of this Agreement is being 
impeded as the result of the failure of another Party 
or Parties to carry out its [or their]CT obligations under 
this Agreement, [or the application by anot her Party 
or Parties of any measure, whether or not it conflicts 
with the provisions of this Agreement,]CDA,KOR,JPN it 
may with a view to reaching a mutually satisfactory 
resolution of the matter, [have recourse to the 
provisions of the Dispute Settlement 
Understanding]NOR [request consultations.]EC,CDA 
[make written representations or proposals to the 
other Party or Parties which it considers to be 
concerned . Such action [must]CDA [shall] be promptly 
notified to the Dispute Settlement Body established 
under the Dispute Settlement Understanding 
(hereinafter referred to as "DSB"), as specified below . 
Any Party thus approached shall give sympathetic 
consideration to the representations or proposals 
made to it.]KOR,CDA,JP N [Whenever a Party to this 
Agreement ot her than the consulting Parties 
considers that it has a substantial trade interest in 
such consultations, it may notify the consulting 
Parties and the Dispute Settlement Body (DSB), 
within 10  days after the date of the circulation of the 
request for consul tations under this paragraph, of its 
desire to be joined in such consultations.]EC,JP N [NB: 
Japan and the EC indicated that further thinking 
should be devoted to avoiding that third Parties 
be entitled to join consultations in the context 
of disputes related not only to the GPA but also 
to other WTO Agreements . Japan indicated that 
the DSU renegotiations still need to address 
whether the standard should be "substantial 
trade interest".]  
 2. If any Party considers that any benefit 
accruing to i t, directly or indirectly, under this 
Agreement is being nullified or impaired, or that the 
attainment of any objective of this Agreement is 
being impeded as the result of the failure of another 
Party or Parties to carry out its obligations under this 
Agreement, or the application by another Party or 
Parties of any measure, whether or not it conflicts 
with the provisions of this Agreement, it may with a 
view to reaching a mutually satisfactory resolution of 
the matter, make written representations or 
propos als to the other Party or Parties which it 
considers to be concerned . Such action shall be 
promptly notified to the Dispute Settlement Body 
established under the Dispute Settlement 
Understanding (hereinafter referred to as "DSB"), as 
specified below . Any Party thus approached shall give 
sympathetic consideration to the representations or 
proposals made to it.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2bis. Where the dispute concerns the award of a 
specific procurement, paragraphs  8 and 9 of Article  4 
of the Dispute Settlement Understanding (DSU) may 
be invoked by the complaining Party.]EC 
  
3. Where a dispute exclusively concerns 
provisions of this Agreement, only Parties to this 
Agreement [shall] [may]CDA participate in decisions or 
actions taken by the DSB under this Agreeme nt. [NB: 
All Parties, except Hong Kong, China, agree to 
deleting this paragraph as it is a duplication of 
Article  2, first paragraph, last sentence of the 
DSU.]  
 3. The DSB shall have the authority to establish 
panels, adopt panel and Appellate Body report s, 
make recommendations or give rulings on the 
matter, maintain surveillance of implementation of 
rulings and recommendations, and authorize 
suspension of concessions and other obligations 
under this Agreement or consultations regarding 
remedies when withd rawal of measures found to be 
in contravention of the Agreement is not possible, 
provided that only Members of the WTO Party to this 
Agreement shall participate in decisions or actions 
taken by the DSB with respect to disputes under this 
Agreement.  
 
4. [In the case of a dispute in which provisions 
both of this Agreement and of one or more other 
Agreements listed in Appendix  1 of the Dispute 
Settlement Understanding are invoked by one of the 
parties to the dispute, [paragraph  3 [shall apply] 
[applies]CDA only to those parts of the panel report 
concerning the interpretation and application of this 
Agreement]KOR,JPN,CT [only Members of the WTO that 
are Party to this Agreement [shall] [may]CDA 
participate in decisions or actions taken by the 
Dispute Settlement Body with respect to those parts 
of the dispute concerning this 
Agreement].US,CDA]KOR,JPN,CT,US,SWI,CD A [Where a dispute 
exclusively concerns provisions of this Agreement, 
only Parties to  this Agreement may participate as 
third Parties.]NOR,E C [A Member of the WTO may seek 
to join in consultations pertaining to this Agreement, 
pursuant to Article  4.11 of the DSU, only if that 
Member is also a Party to this Agreement.]US [NB: 
The US conside rs that the bracketed language 
proposed by Norway and the EC is a duplication 
of an existing provision in the DSU.]  
 4. Panels shall have the following terms of 
reference unless the parties to the dispute agree 
otherwise within 20 days of the establishment  of the 
panel:  
 
"To examine, in the light of the relevant 
provisions of this Agreement and of (name of 
any other covered Agreement cited by the 
parties to the dispute), the matter referred to 
the DSB by (name of party) in document ... and 
to make such find ings as will assist the DSB in 
making the recommendations or in giving the 
rulings provided for in this Agreement."  
 
In the case of a dispute in which provisions both of 
this Agreement and of one or more other Agreements 
listed in Appendix  1 of the Dispute  Settlement 
Understanding are invoked by one of the parties to 
the dispute, paragraph 3 shall apply only to those 
parts of the panel report concerning the 
interpretation and application of this Agreement.  
 
[5. [Each p]CDA,US[P]anel[s] established by the 
DSB to examine disputes under this Agreement 
[must]CDA [shall]US include [at least one]US person[s] 
qualified in the area of government procurement[, 
unless Parties agree otherwise]US.]US,KOR,JPN,CT,SWI,CDA 
 5. Panels established by the DSB to examine 
disputes under this Agreement should include 
persons qualified in the area of government 
procurement.  
 
[5bis. [Each p]CDA[P]anel[s] [must]CDA [shall] adopt 
appropriate procedures to protect confidentiality of 
information subject to Article  XIII:2.]EC 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. [Every effort shall be made to accelerate the 
proceedings to the greatest extent 
possible.]KOR,JPN,CT,U S [Notwithstanding the provisions 
of paragraphs  8 and 9 of Article  12 of the Dispute 
Settlement Understanding, the panel shall 
attempt]CDA,JPN,CT [Where the dispute concerns the 
award of a specific procurement the panel shall 
aim,]EC,SWI to provide its final report to the partie s to 
the dispute not later than [three months]EC [four 
months, and in case of delay not later than seven 
months,]CDA,JPN,CT, after the date on which the 
composition and terms of reference of the panel are 
agreed . Consequently, every effort shall be made to  
reduce also the periods foreseen in paragraph  1 of 
Article  20 and paragraph  4 of Article  21 of the Dispute 
Settlement Understanding by 
[two]CDA,JPN,CT [three]EC months . M oreover, 
notwithstanding the provisions of paragraph  5 of 
Article  21 of the DSU, the panel shall attempt to issue 
its decision, in case of a disagreement as to the 
existence or consistency with a covered Agreement of 
measures taken to comply with the recommendations 
and rulings, within 60  days.]EC,JPN,CT 
 6. Every effort shall be made to 
accelerate the proceedings to the greatest extent 
possible . N otwithstanding the provisions of 
paragraphs 8 and 9 of Article 12 of the Dispute 
Settlement Understanding, the panel shall attempt to 
provide its final report to the parties to the dispute 
not lat er than four months, and in case of delay not 
later than seven months, after the date on which the 
composition and terms of reference of the panel are 
agreed . Consequently, every effort shall be made to 
reduce also the periods foreseen in paragraph 1 of 
Article 20 and paragraph 4 of Article 21 of the Dispute 
Settlement Understanding by two months . Moreover, 
notwithstanding the provisions of paragraph 5 of 
Article 21 of the Dispute Settlement Understanding, 
the panel shall attempt to issue its decision, in c ase 
of a disagreement as to the existence or consistency 
with a covered Agreement of measures taken to 
comply with the recommendations and rulings, within 
60 days.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[6bis. (a) In the communication referred 
to in Article  [21.3] of the DSU, the 
Party concerned shall inform the 
DSB whether it is possible to bring 
the measures found to be 
inconsistent with this Agreement 
into conformity with the 
Agreement . If the Party concerned 
indicates that it is not  possible to 
bring the measures found to be 
inconsistent with this Agreement 
into conformity with the 
Agreement, that Party shall, 
immediately after having made that 
communication, enter into 
consultations with a view to 
developing mutually acceptable 
comp ensation.  
 
(b) Any Party which has entered into 
such consultations, may at any time 
request an arbitration to determine 
the level of nullification or 
impairment that was caused by the 
measure found to be inconsistent 
with this Agreement.  
 
(c) Unless a requ est for arbitration has 
been made, the Party concerned 
shall, within 30  days from the 
request for consultations, submit to 
all Parties who have entered into 
such consultations, a proposal for 
mutually acceptable compensation.  
 
(d) When an arbitration has b een 
requested, the Party concerned 
shall submit such a proposal within 
30 days of the award of the 
arbitrator . Any such proposal shall 
be consistent with the award of the 
arbitrator.  
 
(e) Such arbitration shall be carried out 
by the original panel, if memb ers 
are available, or by an arbitrator, 
which term shall be interpreted as 
referring to an individual or a group, 
appointed by the Director -General 
and shall be completed within 
60 days after the request for 
arbitration.  
 
(f) If no proposal for compensation has 
been submitted within the periods  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
referred to in 
subparagraphs  (c) or (d), or if no 
agreement has been reached within 
60 days from the submission of the 
later of:  
 
(i) a proposal for mutually 
acceptable compensation ; 
or 
 
(ii) such a propos al made 
subsequent to an 
arbitration award,  
 
the complaining Party shall be entitled to request 
authorization from the DSB to suspend the application 
to the Party concerned of concessions and other 
obligations under the covered agreements that is 
appropria te in light of the level of nullification or 
impairment that was caused by the measure.]EC 
 
[7. Notwithstanding paragraph  2 of Article  22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix  1 to 
the Dispute Settlement Understanding other than this 
Agreement shall not result in the suspension of 
concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligations under any other 
Agreement listed in the said 
Appendix  1.]CDA,KOR,JPN,US,CT,ISR 
 7. Notwithstanding paragraph 2 of Article 22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix 1 to 
the Dispute Se ttlement Understanding other than this 
Agreement shall not result in the suspension of 
concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligation s under any other 
Agreement listed in the said Appendix 1.  
 
 
Article  XIX 
Institutions  
  
Article XXI  
Institutions  
Committee on Government Procurement  
  
1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established . This Committee shall elect its 
own Chairman and shall meet as necessary, but not 
less than once  a year, for the purpose of affording 
Parties the opportunity to consult on any matters 
relating to the operation of this Agreement or the 
furtherance of its objectives, and to carry out such 
other responsibilities as may be assigned to it by the 
Parties.  
 1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established . This Committee shall e lect its own 
Chairman and Vice -Chairman and shall meet as 
necessary but not less than once a year for the 
purpose of affording Parties the opportunity to consult 
on any matters relating to the operation of this 
Agreement or the furtherance of its objective s, and to 
carry out such other responsibilities as may be 
assigned to it by the Parties.  
2. The Committee may establish working parties 
or other subsidiary bodies that shall carry out such 
functions as may be given to them by the Committee.  
 2. The Commit tee may establish working parties 
or other subsidiary bodies which shall carry out such 
functions as may be given to them by the Committee.  
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Observers  
  
 Article  XVII 
Transparency  
 
1. Each Party shall encourage entities to indicate 
the terms and conditions, including any deviations 
from competitive tendering procedures or access to 
challenge procedures, under which tenders will be 
entertained from suppliers situated in countries not 
Parties to this Agre ement but which, with a view to 
creating transparency in their own contract awards, 
nevertheless:  
 
(a) specify their contracts in 
accordance with Article  VI 
(technical specifications);  
 
(b) publish the procurement notices 
referred to in Article  IX, includi ng, 
in the version of the notice referred 
to in paragraph  8 of Article  IX 
(summary of the notice of intended 
procurement) which is published in 
an official language of the WTO, an 
indication of the terms and 
conditions under which tenders 
shall be entertai ned from suppliers 
situated in countries Parties to this 
Agreement;  
 
(c) are willing to ensure that their 
procurement regulations shall not 
normally change during a 
procurement and, in the event that 
such change proves unavoidable, 
to ensure the availabili ty of a 
satisfactory means of redress.  
 
3. Any WTO Member that is not a Party to this 
Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a 
written notice to the Secretariat . Any WTO observer 
may submit a written request to the Secretariat to 
participate in the Committee as an observer, and may 
be accorded observer status by the Committee.  
 2. Governments not Parties to the Agreement 
which comply with the conditions specified in  
paragraphs 1(a) through 1(c), shall be entitled if they 
so inform the Parties to participate in the Committee 
as observers.  
 
  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XX 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter force 
on [] for those WTO Members whose agreed coverage 
is set out in Annexes  1 through  5 of Appendix  I, and 
which have, by signature, accepted this Agreement 
on [], or have, by or on that date, signed the 
Agreement subject to ratification and have 
subsequently ratified the Agreement before  []. 
 1. Acceptance and Entry into Force  
 
This Agreement shall enter into force on 
1 January  1996 for those governments8 whose agreed 
coverage is contained in Annexes 1 through 5 of 
Appendix I of this Agreement and which have, by 
signature, accepted the Agreement on 1 5 April 1994 
or have, by that date, signed the Agreement subject 
to ratification and subsequently ratified t he Agreement 
before 1 January  1996. 
 
Footnote  
8. For the purpose of this Agreement, the term 
"government" is deemed to include the competent 
authorities of the European Communities.  
 
Transitional Arrangements  
 3. Transitional Arrangements  
  (a) Hong Kong and Korea 
may delay application of the 
provisions of this Agreement, 
except Articles  XXI and  XXII, to a 
date not later than 
1 January  1997. T he 
commencement date of their 
application of the provisions, if 
prior to 1  January  1997, shall be 
notifie d to the Director -General of 
the WTO 30 days in advance.  
 
 (b) During the period between the 
date of entry into force of this 
Agreement and the date of its 
application by Hong  Kong, the rights 
and obligations between Hong Kong 
and all other Parties to this  
Agreement which were on 
15 April 1994 Parties to the 
Agreement on Government 
Procurement done at Geneva on 
12 April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by 
the substantive provisions of the 
1988 Agreement, including its 
Annexes as modified or rectified, 
which provisions are incorporated 
herein by reference for that purpose 
and shall remain in force until 
31 December  1996.  
 
Footnote  
9. All provisions of the 1988 
Agreement except the Preamble, Article  VII and 
Article  IX other than paragraphs 5(a) and (b) and 
paragraph 10.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. Between the Parties to this 
Agreement that are also Parties to the Agreement on 
Government Procurement dated 15  April 1994 
("1994  Agreement"), the 1994  Agreement shall cease 
to apply . When all Parties to the 1994  Agreement 
have accepted this Agreement, the 1994  Agreement 
shall be terminated.  
 3. (c) Between Parties to this 
Agreement which are also Parties to 
the 1988 Agreement, the rights and 
obligations of this Agreement shall 
supersede  those under the 1988 
Agreement.  
 
 (d) Article  XXII shall not enter into 
force until the date of entry into 
force of the WTO Agreement . Until 
such time, the provisions of 
Article  VII of the 1988 Agreement 
shall apply to consultations and 
dispute settlement under this 
Agreement, which provisions are 
hereby incorporated in the 
Agreement by reference for that 
purpose . These provisions shall be 
applied under the auspices of the 
Committee under this Agreement.  
 
(e) Prior to the date of entry into force  
of the WTO Agreement, references 
to WTO bodies shall be construed 
as referring to the corresponding 
GATT body and references to the 
Director -General of the WTO and to 
the WTO Secretariat shall be 
construed as references to, 
respectively, the Director -General 
to the CONTRACTING PARTIES to 
GATT 1947 and to the GATT 
Secretariat.  
Accession  
 2. Accession  
3. Any Member of the WTO that is not 
a Party to this Agreement may accede to this 
Agreement on terms to be agreed between that 
Member and the Parties . Accession shall take place by 
deposit with the Director -General of the WTO of an 
instrument of accession that states the terms so 
agreed . This Agreement shall enter into force for an 
acceding Member on the 30th day following the date 
of its accession to this Agreement.  
 Any government which is a Member of the WTO, or 
prior to the date of entry into force of the WTO 
Agreement which is a contracting party to GATT  1947, 
and which is not a Party to this Agreement may accede 
to this Agreement on t erms to be agreed between that 
government and the Parties . Accession shall take place 
by deposit with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed . The Agreement shall enter into force for an 
acceding gover nment on the 30th day following the 
date of its accession to the Agreement.  
 
Reservations  
 
4. No Party may enter any reservation in respect 
of any provisions of this Agreement.  
 4. Reservations  
 
Reservations may not be entered in respect of any of 
the provisions of this Agreement.  GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
National Legislation  
 
5. Each Party shall ensure, not later than the date 
of entry into force of this Agreement for it, the 
conformity of its laws, regulations and administrative 
procedures, and the rules, procedures and practices 
applied by its procuring entities, with the provisions 
of this Agreement.  
 5. National  Legislation  
 
 (a) Each government accepting or 
acceding to this Agreement shall 
ensure, not later than the date of 
entry into force of this Agre ement 
for it, the conformity of its laws, 
regulations and administrative 
procedures, and the rules, 
procedures and practices applied by 
the entities contained in its lists 
annexed hereto, with the provisions 
of this Agreement.  
 
6. Each Party shall inform the Committee of any 
changes in its laws and regulations relevant to this 
Agreement and in the administration of such laws and 
regulations.  
  (b) Each Party shall inform the 
Committee of any changes in its 
laws and regulations relevant to this 
Agree ment and in the 
administration of such laws and 
regulations.  
 
Reports and Future Work  
 
7. The Committee shall annually inform the 
General Council of the WTO of developments relating 
to the implementation and operation of this 
Agreement.  
 
 
 7. Reviews, Negotiations  and Future 
Work 
 
 (a) The Committee shall 
review annually the implementation 
and operation of this Agreement 
taking into account the objectives 
thereof . The Committee shall 
annually inform the General Council 
of the WTO of development s during 
the periods covered by such 
reviews.  
 
[7bis. Not later than the end of the 
tenth  year from the date of entry into force of this 
Agreement, and periodically thereafter, the Parties 
thereto shall undertake further negotiations, with a 
view to improving this Agreement [and achieving the 
greatest possible extension of its coverage among all 
Parties]EC [without prejudice to the needs of 
developing countries]ISR.]EC,IS R [NB: Hong Kong, 
China suggested deleting "and achieving the 
greatest possible extension of its coverage 
among all Parties", since "with a view to 
improving this Agreement" is already general 
and fine .] (b) Not later than the end of the third 
year from the date of entry into 
force of this Agreement and 
periodically thereafte r, the Parties 
thereto shall undertake further 
negotiations, with a view to 
improving this Agreement and 
achieving the greatest possible 
extension of its coverage among all 
Parties on the basis of mutual 
reciprocity, having regard to the 
provisions of Arti cle V relating to 
developing countries.  
 
Article V  
15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph  7 of 
Article  XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, 
financial and trade situation.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[8. The Parties shall seek to avoid introducing or 
continuing discriminatory measures and practices 
that distort open procurement and shall, in the 
context of negotiations,  seek to eliminate those which 
remain on the date of entry into force of this 
Agreement.]HKC [Market Access Issue ] 
 Article XXIV  
7. (c) Parties shall seek to avoid 
introducing or prolonging 
discriminatory measures and 
practices which distort open 
procurement and shall, in the 
context of negotiations under 
subparagraph (b), seek to eliminate 
those which remain on the date of 
entry into force of this Agreement.  
 
9. Following the conclusion of the work 
programme for the harmonization of rules of orig in for 
goods being undertaken under the Agreement on 
Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organization and 
negotiations regarding trade in services, the Parties 
shall take the results of that work programme and 
those ne gotiations into account in amending Article  [] 
as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules of origin 
for goods to be undertaken under the Agreement on 
Rules of Origin in Annex 1A of the Agreement 
Establishing the World Trade Organization 
(hereinafter referred to as "WTO Agreement") and 
negotiations regarding trade in services, Parties shall 
take the results of that work programme and those 
negotiations into account in amending paragraph  1 
as appropriate.  
 
9bis. [Not later than the end of the third year from 
the date of entry into force of this Agreement, the 
Committee shall undertake further work to establish 
a common nomenclature for describing the subject of 
procurement notices and comm on standardized 
notices in view of improving the effectiveness of cross 
border procurement and simplifying the description 
and content of such notices.]EC 
  
Amendments  
 
10. The Parties may amend this Agreement having 
regard, inter alia , to the experience gained in its 
implementation . Such an amendment, once the 
Parties have concurred in accordance with the 
procedures established by the Committee, shall [take 
effect for the Pa rties that have accepted them upon 
acceptance by two thirds of the Parties and thereafter 
for each other Party upon acceptance by it].EC,JPN,KOR 
 Article XXIV  
9. Amendments  
 
 Parties may amend this Agreement 
having regard, inter alia, to the experience gai ned in 
its implementation . Such an amendment, once the 
Parties have concurred in accordance with the 
procedures established by the Committee, shall not 
enter into force for any Party until it has been accepted 
by such Party.  
Withdrawal  
 
11. Any Party may withdraw from this Agreement . 
The withdrawal shall take effect upon the expiration 
of 60  days from the date the Director -General of the 
WTO receives written notice of the withdrawal . Any 
Party may upon such notification request an 
immediate meeting of the Committee.  
 10. Withdrawal  
 
 (a) Any Party may withdraw from 
this Agreement . The withdrawal 
shall take effect upon the 
expiration of 60 days from the date 
on which written notice of 
withdrawal is received by the 
Director -General of the WTO . Any 
Party m ay upon such notification 
request an immediate meeting of 
the Committee.  
 GPA/TN1994/4/Rev.3  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
12. If a Party to this Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to 
this Agreement with effect from the same date.  
  (b) If a Party to this Agreement does 
not become a Member of the WTO 
within one year of the date of entry 
into force of the WTO Agreement or 
ceases to be a Member of the WTO, 
it shall cease to be a Party to this 
Agreement with effect from the 
same date.  
 
Non-application of this  Agreement between Particular 
Parties  
 
13. This Agreement shall not apply as between any 
two Parties if either Party, at the time it accepts or 
accedes to this Agreement, does not consent to such 
application.  
 11. Non-application of this Agreement between 
Particular Parties  
 
 This Agreement shall not apply as 
between any two Parties if either of the Parties, at the 
time either accepts or accedes to this Agreement, does 
not consent to such application.  
 
Appendices  
 
14. The Appendices to this Agreement constitute 
an integral part thereof.  
 12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes 
to this Agreement constitute an integral part thereof.  
Secretariat  
 
15. This Agreement shall be serviced by the WTO 
Secretariat.  
 13. Secretariat  
 
 This Agreement shall be serviced by 
the WTO Secretariat.  
Deposit  
 
16. This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  [] and of each 
amendment thereto pursuant to paragraph  10, and a 
notification of each accession thereto pursuant to 
paragraph  3 and of each withdrawal therefrom 
pursuant to para graph  11. 
 14. Deposit  
 
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  6 and of each 
amendment thereto pursuant to paragraph  9, and a 
notification of each acceptance thereof or accession 
thereto pursuant to paragraphs  1 and 2 and of each 
withdrawal therefrom pursuant to paragraph  10 of this 
Article.  
 
Registration  
 
17. This Agreement shall be registered in 
accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 15. Registration  
 
 This Agreement shall be registered 
in accordance with the provisions of Article 102 of the 
Charter of the United Nation s. 
Done at [] this [] day of [] in a single copy in the 
English, French and Spanish languages, each text 
being authentic, except as otherwise specified with 
respect to the Appendices hereto.  Done at Marrakesh this fifteenth day of April 
one thousand  nine hundred  and ninety -four in a sin gle 
copy, in the English, French and Spanish languages, 
each text being authentic, except as otherwise 
specified with respect to the Appendices hereto.  
 GPA/TN1994/4/Rev.3  
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  TABLE LISTING THE PROVISION S IN THE 1994  AGREEMENT WITH  
THE CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT 
 
 
PROVISION IN THE GPA 1994  
(NUMBERING ) CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (N UMBERING ) 
Preamble  Preamble  
first line ("Parties to this Agreement...")  first line ("Parties to this Agreement...")  
recital 1 ("Recognizing...")  recital 1 ("Recognizing...")  
recital 2 ("Recognizing...")  recital 2 ("Recognizing...")  
recital 3 ("Recognizing...")  recital 6 ("Recognizing...")  
recital 4 ("Recognizing...")   
recital 5 ("Recognizing...")  recital 5 ("Recognizing...")  
recital 6 ("Desiring...")   
recital 7 ("Desiring...")  recital 7 ("Desiring...")  
penultimate line ("Having undertaken...")  penultimate line ("Having undertaken...")  
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2 (c) -(d) 
footnote 1, entire  Article II:3  
footnote 1, second sentence ("Relevant 
thresholds...")  Article II:2 bis 
paragraph 2  Article II:2(e)  
paragraph  3 Article  II:5 
paragraph  4 Article II:2(b)  
Article II:2bis 
  GPA/TN1994/4/Rev.3  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article II  
Valuation of Contracts   
paragraph  1 Article II:6 chapeau  
footnote 2  Article II:2(b)  
Article II:2bis 
Article II:6 chapeau  
paragraph  2 Article  II:6(b)  
paragraph  3 Article II:6(a)  
paragraph  4 Article II:7  
paragraph  5 Article II:6(b)  
Article II:6(c)  
Article II:8 
paragraph  6 Article II:6(b)  
Article III  
National Treatment and Non -discrimination   
paragraph  1 Article III:1  
paragraph  2 Article III:2 
paragraph  3 Article III:6 
Article IV  
Rules of Origin   
paragraph  1 Article III:4 
paragraph  2 Article XX:9 
Article V  
Special and Differential Treatment for 
Developing Countries   
paragraph  1 chapeau  Article XIV:1  
subparagraph  1(a)  
  GPA/TN1994/4/Rev.3  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph  1(b) Article XIV:1, proposal by Israel ("bearing in mind...")  
subparagraph 1(c)  Article XIV:1, proposal by Israel ("bearing in mind...")  
subparagraph 1(d)   
paragraph 2  Article XIV:2  
paragraph 3, first sentence ("With a view...")  Article XIV:3( d) 
paragraph 3, second sentence ("Developed 
countries...")  Article XIV:2  
paragraph 4  Article XIV:3(a)  
paragraph 5  Article XIV:8  
paragraph 6  Article XIV:8  
paragraph 7  Article XIV:1 1 
paragraph 8  Article XIV:10  
paragraph 9  Article XIV:10  
paragraph 10  Article XIV:10  
paragraph 12  Article XIV:2  
paragraph 13  Article XIV:10  
paragraph 14  Article XIV:1 1 
paragraph 15  Article XX:7 bis 
Article VI  
Technical Specifications   
paragraph 1  Article I :(y), definition of technical specification  
Article VII:4  
paragraph 2 chapeau  Article VII:5 chapeau  
subparagraph 2(a)  Article VII:5(a)  
subparagraph 2(b)  Article VII:5(b)  
footnote 3  Article I :(x), definition of technical regulation  
footnote 4  Article I :(v), definition of standard  
paragraph 3  Article VII:6 GPA/TN1994/4/Rev.3  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 4  Article VII:7  
Article VII  
Tendering Procedures   
paragraph 1  Article II:4  
Article III:1  
Article III:3  
paragraph 2  Article XIII:1  
paragraph 3 chapeau  Article I :(i), definition of limited  tendering  
Article  I:(n), definition of open tendering  
Article I:(t), defintion of selective tendering  
Article X:1  
subparagraph 3(a)  Article I :(i), definition of open tendering  
subparagraph 3(b)  Article I :(n), definition of selective tendering  
subparagraph 3(c)  Article I :(t), definition of limited tendering  
Article X:1  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII :[General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA ,NOR:1 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:1(a) 
paragraph (a)  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:1(a) 
paragraph (b), first sentence  Article VIII: [General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA .NOR:1 
paragraph (b), second sentence  Article VIII: [General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA ,NOR:2 
Article VIII: [General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA ,NOR:2bis 
  GPA/TN1994/4/Rev.3  
- 88 - 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph (c), first sentence  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph (c), second sentence  Article I :(r), definition of qualified supplier  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph (c), third sentence  Article VIII: [Multi-Use Lists ]:6(c) 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph (d)  Article VIII: [Multi-Use Lists ]:3 
paragraph (e)  Article VIII: [Multi-Use Lists ]:6(c) 
paragraph (f), entire  
 
paragraph (f), second sentence  Article VIII : Article VIII:[Information of Procuring 
Entities' Decisions] :1 
Article VIII: [Multi-Use Lists ]:1(d) 
paragraph (g)  Article VIII: [Multi-Use Lists ]:5 
paragraph (h)  Article VIII: [General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA ,NOR:3 
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article V:1  
Article VIII:[ Multi-Use Lists ]:4 
paragraph 2  Article V:1  
paragraph 3  Article V:5  
Article VIII : [Multi-Use Lists ]:6 chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII: [Multi-Use Lists ]:6(a) and (b)  
Article VIII:[Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[2.]EC[3.]US,CDA,KOR,JPN 
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a), first clause ("the nature and 
quantity")  Article V:2(b) chapeau  
subparagraph 6(a), second clause ("including... 
exercised")  Article V:2(b), second tiret  
Article V:2[(c)]CDA,NOR,US ,JPN GPA/TN1994/4/Rev.3  
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subparagraph 6(a), third clause ("in the case... 
procured")  Article V:2(b), third tiret  
subparagraph 6(b)  Article V:2 [(d)]EC[(e)]CDA,NOR,US 
subparagraph 6(c)  Article V:2 [(c)]EC[(d)]CDA,NOR,US 
subparagraph 6(d)  Article V:2 [(e)]EC[(f)]CDA,NOR,US 
Article V:2 [(f)]EC[(g)]CDA,NOR,US 
subparagraph 6(e)  Article V:2(a)  
subparagraph 6(f)  Article V:2 [(g)]EC[(h)]CDA,NOR,US 
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)  Article V:2(b), first tiret  
paragraph 7  Article V:4  
paragraph 8, entire  
paragraph 8 chapeau  
subparagraph 8(a)  
subparagraph 8(b)  
subparagraph 8(c)  Article V:3  
Article V: 3 chapeau  
Article V: 3(a) 
Article V: 3(b) 
Article V: 3(c) 
paragraph 9 chapeau  Article VIII:[ Multi-Use Lists ]:1 chapeau  
subparagraph 9(a)  Article VIII: [Multi-Use Lists ]:1(a) 
subparagraph 9(b)  Article VIII: [Multi-Use Lists ]:1(b) 
subparagraph 9(c)  Article VIII : [Multi-Use Lists ]:1(d) 
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subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article VIII: [Multi-Use Lists]:6 chapeau  
paragraph 9, final paragraph ("However, when...")  Article VIII:[ Multi-Use Lists ]:2 
paragraph 10  Article VII:9  
Article VII:[10]US 
paragraph 11  Article V:2 [(i)]EC[(j)]CDA,NOR,US 
Article VIII: [Multi-Use Lists ]:1(e) 
Article X  
Selection procedures   
paragraph 1  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN  
paragraph 2  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
paragraph 3  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[3.]EC[4.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
subparagraph  1(b)  
subparagraph 2(a)  Article VI:2(a)  
subparagraph 2(b)  Article VI:2(b)  
Article VI:3 chapeau  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[3.]EC[4.]KOR,JPN 
subparagraph 2(c)  Article VI:2(b)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[3.]EC[4.]KOR,JPN 
paragraph 3 chapeau  Article VI:3 chapeau  
subparagraphs 3(a)(i) -(iv) Article VI:3(a)  
subparagraph 3(a), final paragraph ("the 40 -day 
limit for...")  Article VI:3 chapeau  GPA/TN1994/4/Rev.3  
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subparagraph 3(b)  Article VI:3 [(b)]HKC,EC ,US 
subparagraph 3(c)  Article VI:3[d]US[c]CDA,JPN,EC 
subparagraph 3(d)  Article VI: 7 
paragraph 4  Article VII:2  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  
subparagraph 2(a)  Article VII:1 [(e)]EC[(f)]US,CDA 
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   
subparagraph 2(e)  Article VII:1(d)  
subparagraph 2(f)  Article VII:1(b)  
subparagraph 2(g)  Article VII:1(a)  
subparagraph 2(h)  Article VII:1(c)  
subparagraph 2(i)  Article VII:1 [(e)]EC[(f)]US,CDA 
subparagraph 2(j)  Article VII:1 [(e)]EC[(f)]US,CDA 
subparagraph 2(k)   
paragraph 3  Article VII:3  
Article XII I 
Submission, Receipt and Opening of Tenders 
and Awarding of Contracts   
subparagraph 1(a)   
subparagraph 1(b)  Article XI:4  
paragraph 2  Article XI:3  
paragraph 3  Article XI:1  
subparagraph 4(a)  Article XI:5  
Article XI:8  GPA/TN1994/4/Rev.3  
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subparagraph 4(b)  Article XI:7  
subparagraph 4(c)  Article XI:5  
paragraph 5  Article XI:6  
Article XIV  
Negotiation   
paragraph 1 chapeau  Article IX:1 chapeau  
subparagraph 1(a)  Article IX:1(a)  
subparagraph 1(b)  Article IX:1(b)  
paragraph 2   
paragraph 3  Article IX:2  
Article IX:3  
subparagraph 4(a)  Article IX:3  
subparagraph 4(b)  Article VII:9  
Article VII:[10]US 
Article IX:4  
subparagraph 4(c)  Article IX:4  
subparagraph 4(d)  Article IX:4  
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Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X:1 chapeau  
subparagraph 1(a)  Article X:1(a)  
subparagraph 1(b)  Article X:1(b)  
subparagraph 1(c)  Article X:1(d)  
subparagraph 1(d)  Article X:1(c)  
footnote 5  Article X:1(c)  
subparagraph 1(e)  Article X:1(f)  
footnote 6  Article X:1(f)  
subparagraph 1(f)  Article X:1(g)  
subparagraph 1(g)  Article X:1(h)  
subparagraph 1(h)  Article X:1(e)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  
paragraph 2  Article X:2  
Article XVI  
Offsets   
paragraph 1  Article III:5  
paragraph 2  Article XIV:3(b)  
footnote 7  
 Article I :(m), definition of offsets  
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Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XIX:3  
Article XVIII  
Information and Review as Regards Obligations 
of Entities   
paragraph 1 chapeau  Article XII:2 chapeau  
subparagraph 1(a)  Article XII:2(a)  
subparagraph 1(b)  Article XII:2(b)  
subparagraph 1(c)  Article XII:2(e)  
subparagraph 1(d)  Article XII:2(c)  
subparagraph 1(e)  Article XII:2(d)  
subparagraph 1(f)  Article XII:2(f)  
subparagraph 1(g)  Article XII:2(f)  
subparagraph 2(a)  Article XII:1  
subparagraph 2(b)   
subparagraph 2(c)  Article XII:1  
paragraph 3  Article XII:1  
paragraph 4  Article XIII:2  
Article XIX  
Information and Review as Regards Obligations 
of Parties   
paragraph 1  Article IV  
paragraph 2  Article XII:3  
paragraph 3  Article XII:3  
paragraph 4  Article XIII:1  
paragraph 5 chapeau  Article XII:5(a)  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  GPA/TN1994/4/Rev.3  
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subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  
subparagraph 5(c), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(d), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  
subparagraph 5(d), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XII:5(b)  
paragraph 5, final paragraph ("To the extent that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVII:1  
paragraph 2  Article XVII:2  
paragraph 3  Article XVII:2  
paragraph 4  Article XII:4  
Article XII:4 bis 
paragraph 5  Article XVII:3  
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVII:4  
Article XVII:5  
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVII:6 chapeau  
subparagraph 6(a)  Article XVII:6(b)  
subparagraph 6(b)  Article XVII:6(c)  
subparagraph 6(c)  Article XVII:6(d)  
subparagraph 6(d)  Article XVII:6(e)  
subparagraph 6(e)  Article XVII:6(a)  
subparagraph 6(f)  Article XVII:6(f)  GPA/TN1994/4/Rev.3  
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subparagraph 6(g)  Article XVII:6(a)  
paragraph 7 chapeau  Article XVII:7 chapeau  
subparagraph 7(a)  Article XVII:7(a)  
subparagraph 7(b)   
subparagraph 7(c)  Article XVII:7(b)  
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XIX:1  
paragraph 2  Article XIX:2  
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XVIII:1  
paragraph 2  Article XVIII:2  
paragraph 3  Article XVIII:3  
paragraph 4  Article XVIII:4  
paragraph 5  Article XVIII:5  
paragraph 6  Article XVIII:6  
paragraph 7  Article XVIII:7  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article XV:1  
paragraph 2  Article XV:2  
Article XXIV  
Final Provisions   
paragraph 1  Article XX:1  
footnote 8  Article XX:1  
paragraph 2  Article XX:3  
subparagraph 3(a)   GPA/TN1994/4/Rev.3  
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subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XX:2  
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article XX:4  
subparagraph 5(a)  Article XX:5  
subparagraph 5(b)  Article XX:6  
subparagraph 6(a)  Article XVI:[2]US[1(a)]JPN,KOR 
subparagraph 6(b), first two sentences  Article XVI:[3]US[2]JPN,KOR(a) 
subparagraph 6(b), last two sentences  Article XVI:[3]US[2]JPN,KOR(c) 
subparagraph 7(a)  Article XX:7  
subparagraph 7(b)  Article XX:7 bis 
subparagraph 7(c)  Article XX:8  
paragraph 8  Article II:1  
Article XI bis  
paragraph 9  Article XX:10  
subparagraph 10(a)  Article XX:11  
subparagraph 10(b)  Article XX:12  
paragraph 11  Article XX:13  
paragraph 12  Article XX:14  
paragraph 13  Article XX:15  
paragraph 14  Article XX:16  
paragraph 15  Article XX:17  
Closing paragraph   
closing paragraph (" Done at...")   closing paragraph  
NOTES   GPA/TN1994/4/Rev.3  
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first paragraph ("The terms 'country'or 'countries'...")  Article I :(d), definition of country or countries  
second paragraph ("In the case of a separate...")  Article I :(d), definition of country or countries  
Article I, paragraph 1   
third paragraph ("Having regard...")  Article XV:4  
APPENDIX I, AN NEX 5  
Definition  Article I :(c), definition of construction services 
contract  
 
 
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