RESTRICTED  
  
GPA/TN1994/3  
 
25 July 2003  
(24-2592) Page: 1/28 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994   
 
* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  (16/11/2023)), 
this document (informal document symbol: negs92) was derestricted on 8 November 2023.  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT (GPA):  
REVISED  INTERIM DRAFT OF 23 JULY 2003 * 
The following communication has been received from the delegation of the United States.  As 
indicated in the note, drafting proposals/preferences should be sent by 5 August.  It is suggested 
that, in addition to being sent to the Secretariat for distribution, these be sent directly by email to 
other participants where possible.  
 
_______________  
 
 
As called for by the Co mmittee 's schedule, attached please find a revised interim draft of the GPA 
revision.  Please note that this draft incorporates the comments of the GPA Parties received to date 
and reflects the Quad discussion of the past week as retranscribed by the United  States.  This text is 
only an interim draft and each of the Quad members is undertaking parallel internal consultations 
and as a result may make changes on this draft.  
 
In accordance with the Committee schedule, please send your drafting proposals/preferen ces by 
5 August 2003.  Based on the comments, a new draft will be prepared for consideration by the 
Committee during the week of 18 August.  
 
  ..... GPA/TN1994/3  
 
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  GPA Revision:  23 July 2003 Interim Draft  
 
Disclaimer:  Please note that this draft incorporates the comments of the GPA Parties 
received to date and reflects the Quad discussion of the past week as retranscribed by the 
US. This text is only an interim draft and each of the Quad members is undertaking parallel 
internal consultations and as a result may ma ke changes in this draft.  
 
Table of Contents  
Article I  Definitions  ................................ ................................ ................................ ........  3 
Article II  Scope and Coverage  ................................ ................................ ..........................  5 
Article III  General Principles  ................................ ................................ ..............................  7 
Article IV  Publication of Procurement Information  ................................ ................................  8 
Article V  Publication of Notice of Intended Procurement  ................................ ......................  8 
Article VI  Time-Periods for Tendering  ................................ ................................ .................  9 
Article VII  Information on Intended Procurements  ................................ ............................... 11 
Article VIII  Conditions for Participation  ................................ ................................ ................ 12 
Article IX  Negotiation  ................................ ................................ ................................ ......15 
Article X  Limited Tendering  ................................ ................................ ............................. 15 
Article XI  Treatment of Tenders and Contract Awards  ................................ ......................... 17 
Article XII  Transparency of Contract Award Information  ................................ ....................... 18 
Article X III Non-Disclosure of Information [NB: Norway and the EC are still considering  
this Article.]   ................................ ................................ ................................ ...................... 20 
Article XIV  Developing Countries [To be inserted.]  ................................ ............................... 20 
Article XV  Exceptions to the Agreement  ................................ ................................ ............. 20 
Article XVI  Modifications and Rectifications to Coverage  ................................ ........................ 21 
Article XVII  Challenge Procedures  ................................ ................................ ........................ 23 
Article XVIII  Consultations and Dispute Settlement  ................................ ................................ .24 
Article XIX  Institutions  ................................ ................................ ................................ ......26 
Article XX  Final Provisions  ................................ ................................ ................................ 26 
 
 
  GPA/TN1994/3  
 
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  Preamble  
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, t he 
conduct of international trade;  
 
Recognizing  that measures regarding government procurement should not be prepared, adopted or 
applied so as to afford protection to domestic suppliers, goods or services or discriminate among 
foreign suppliers, goods or services;  
 
Recognizing  that the transparency of measures regarding government procurement is desirable and 
that the integrity and predictability of government procurement systems are integral to the efficient 
and effective management of public resources, t he overall quality of governance, the economic 
performance of the Parties ' societies, and the functioning of the multilateral trading system;  
[NB: Chinese Taipei proposed deletion of this item ] 
 
Recognizing  that the procedural commitments under this Agreem ent should be sufficiently flexible 
to accommodate the specific circumstances of each Party;  
 
[Recognizing  the need to take 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 .] 
 
Desiring  to encourage acceptance of and accession to this Agreement by WTO Members not party 
to it; 
 
Having undertaken  further negotiations in pursuance of these  objectives;  
 
Hereby agree  as follows:  
 
Article I  Definitions  
For purposes of this Agreement:  
 
[build -operate -transfer contract  and public works concession contract mean  any contractual 
arrangement the primary purpose of which is to provide for the constru ction or rehabilitation of 
physical infrastructure, plant, buildings, facilities or other government -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 spe cified 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** 2 
[Market Access Issue ] 
 
commercial goods and services  [for the purpose of Articles [  ]]EC mean goods and services [of a 
type]US,CDA,JPN [with the same technical specifications as those]EC of goods and services that are sold 
or offered for sale to, and customarily purchased by, non -governmental buyers for 
non-governmental purposes; [it includes goods and services with modifications customary in the 
commercial marketplace,]JPN,US [as well as minor modifications not customarily available in the 
commercial marketplace that do not significantly alter the nongovern mental function or essential 
physical characteristics or change the purpose ]US; 
 
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 P rovisional U.N. Central 
Product Classification (CPC)];  [Bracketed Language - Market Access Issue ] 
 
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 
 
1 Unattributed brackets [ ] indicates language that Parties are still considering.  
2 ** means issues on which Canada has not taken a position.  GPA/TN1994/3  
 
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  this Agreement is qualified by the term "national ", such expression shall be read as pertaining to 
that customs territory, unless otherwise specified;  
 
days means calendar days;  
 
[electronic auction  is a repetitive p rocess involving an electronic device for the presentation of 
new prices, revised downwards, and/or new values concerning certain elements of tenders, which 
occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic 
evaluation methods;]EC 
 
[electronic means  means using electronic equipment for the processing (including digital 
compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by 
optical means or by other electromagnetic me an;.]EC 
 
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;  
 
[limited tendering  means those procurement [procedures] [processes]CT,HKC where the procuring 
entity contacts [a supplier or]HKC,EC suppliers of its choice, only under the conditions specified in 
[paragraph … of Article X];]EC 
 
measure  means any law, regulation, procedure, [requirement,]US administrative guidance or 
practice [administrative ruling of general application]CT; 
 
multi -use list  means a list of suppliers that a procuring entity has determined satisfy the conditions 
for participation [, in accordance with Article V III,]JPN,CT and that the procuring entity intends to use 
more than once;  
 
notice of intended procurement  means a notice published by a procuring entity in accordance 
with Article V inviting interested suppliers to submit tenders;  
 
offsets  means any [measur es,]CT conditions or undertakings that encourage local development or 
improve a Party 's balance -of-payments accounts, such as the use of domestic content, domestic 
suppliers, the licensing of technology, technology transfer, investment, counter -trade and s imilar 
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 "technology transfer " expands the scope of offsets .] [Market Access Issue ] 
 
[open tendering  means those procurement processes under which [, in consistency with the 
conditions for participation]CT all interested suppliers may submit a tender;]EC 
 
person  means a natural person or a juridical person;  
 
[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 ] 
 
procuring entity  means an entity covered under Annexes 1, 2 and 3 of Appendix I of each Party;  
 
qualified supplier  means a supplier that a procuring entity recognizes as having satisfied the 
conditions for participation in a procurement;  
 
[recurring contracts  mean contracts, not based on an initial agreement, which are regular in 
nature or which are intended to be renewed within a given period;]EC 
 
[selective tendering  means those procurement processes under which, in accordance with 
[paragr aph … and … of Article …] and other relevant provisions of this Agreement, only suppliers 
satisfying the conditions for participation are invited by the procuring entity to submit a tender;]EC 
 
services  includes construction services, unless otherwise spec ified; 
 GPA/TN1994/3  
 
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  [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 labeling requirements as they apply to a product, 
service, process or production method;]EC,JPN 
 
supplier  means a person or  group of persons  that provides or could pr ovide goods or services;  
 
[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 which compliance is manda tory. It may also include or deal exclusively with 
terminology, symbols, packaging, marking or labeling requirements as they apply to a product, 
service, process or production method;]EC,JPN 
 
technical specification  means a tendering requirement that:  
 
(a) lays down the characteristics of goods [products]SW or services to be procured, 
including quality, performance, safety and dimensions, or [their related]SW the 
processes and methods for their production [, development]US or provision or  
 
(b) addresses ter minology, symbols, packaging, marking or labeling requirements, as 
they apply to a good or service.  
 
Article II  Scope and Coverage  
Application of Agreement  
 
1. This Agreement applies to any measure regarding a procuring entity 's procurement of goods, 
services or any combination thereof that is covered by this Agreement.  
 
2. This Agreement applies to procurement:  
 
(a) by any contractual means, including purchase; lease; rental or hire purchase, with 
or without an option to buy [and build -operate -transfe r 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; and [ Bracketed Language 
- Market Access Issue ] 
 
(b) 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.  
 
[2bis. Without prejudice to Article [Exceptions], this Agreement applies to a ny 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 wher e 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 ] 
 
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;  GPA/TN1994/3  
 
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  (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 Agr eement;  
 
(d) Annex 4 specifies the services covered by this Agreement;  and 
 
(e) Annex 5 specifies the construction services covered by this Agreement.  
 
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 procurement covered by this Agreement [, including those set 
out in Article III:1 and 2].EC,JPN 
 
5. Where a pr ocuring entity, in the context of procurement covered by this Agreement, requires 
persons not listed in Appendix I to procure in accordance with particular requirements, Article III 
shall apply mutatis mutandis  to such requirements.  
 
Valuation  
 
6. In estim ating the value of a procurement for the purpose of ascertaining whether that 
procurement is covered by this Agreement, a procuring entity shall:  
 
(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]CT excluding it from the application of this 
Agreement;  
 
(b) take into account all forms of remuneration, including any premiums, fees, 
commissions, interest, [oth er revenue streams that may be provided for under the 
contract]US,CDA [Market Access Issue ] and, where the procurement provides for 
the possibility of option clauses, the total maximum value of the procurement, 
inclusive of optional [purchases] [procuremen t]CT; and 
 
(c) without prejudice to the terms of paragraphs 7 and 8, [where the procurement is 
conducted in multiple parts, with contracts to be awarded at the same time or over 
a given period to one or more suppliers, base the calculation on the total max imum 
value of the procurement over its entire duration.]CDA,US [base the calculation on the 
total maximum value of the procurement over its entire duration where the 
procurement is conducted in multiple parts, with contracts to be awarded to one or 
more su ppliers, at the same time or over a given time, or base the calculation on 
the total maximum value of the contracts, based on an initial contract/agreement, 
that are to be awarded over a given period to one or more suppliers.]EC 
 
[7. In the case of a recur ring procurement [not based on an initial contract/agreement]EC, the 
calculation of the estimated value shall be based on the total of:  
 
(a) the actual value of recurring contracts with similar characteristics awarded during 
the preceding 12 months or fisc al year, adjusted where possible to take account of 
anticipated changes in quantity or value over the subsequent 12 months;  or 
 
(b) the estimated value of recurring contracts to be awarded during the 12 months 
subsequent to the initial contract or during t he procuring entity 's fiscal year, 
whichever is greater.]EC 
 
[NB: Hong Kong China; Switzerland; and Chinese Taipei questioned the meaning and 
application of this paragraph .] 
 
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:  GPA/TN1994/3  
 
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(a) fixed-term contracts, where the term is 12 months or less, the total contract value 
for their duration, or, where the term exceeds 12  months, the total value including 
any estimated residual value;  or 
 
(b) contracts for an indefinite period, the monthly installment multiplied by 
[48]EC,JPN,NOR,US [12]SW. Where there is doubt as to whether the contract is to be a 
fixed-term contract, this ba sis for valuation shall be used.  
 
Article III  General Principles  
National Treatment and Non -Discrimination  
 
1. With respect to any measure and any procurement covered by this Agreement, each Party 
[and each procuring entity, respectively,]US,EC,NOR 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 other Party, treatment no less favorable than the treatment the Party [or the 
procuring entity]US,EC,NOR accords to:  
 
(a) domestic goods, services and suppliers;  and 
 
(b) goods, services and suppliers of any other Party.  
 
2. With respect to any measure and any procurement covered by this Agreement, a [procuring 
entity]US,EC [Party]CDA,JPN shall not:  
 
(a) treat a locally established supplier less favorably than another locally established 
supplier on the basis of degree of foreign affiliation or ownership [of any other 
Party]CT; nor [NB: Bracketed text needs to be revisited. ] 
 
(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.  
 
Procurement Methods  
 
3. A procuring entity shall conduct procurement covered by this Agreement in a manner that is 
consistent with this Agreement, and, except where specifically provided otherwise in this Agreement, 
in a transparent manner, using methods such as open tendering, selective tendering and limited 
tendering.  
 
[3bis. A procuring entity shall ensure that a procurement [official] [personnel]CT does not prepare or 
take decisions in a [procurement covered by this Agreement]NOR where the official 's impartiality may 
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 
entity.]NOR,US,CDA,HKC [NB: Switzerland and U.S. questions the application of this provision to 
Annex 3 and 2 ent ities, respectively. EC reserves its position on this provision. ] 
 
Rules of Origin  
 
4. For purposes of procurement covered by this Agreement, no Party may apply rules of origin 
to goods [or services]EC,JPN,HKC imported from [or supplied by]EC,JPN,HKC anoth er Party that are different 
from the rules of origin the Party applies in the normal course of trade [at the time of the transaction 
in question]EC,JPN to imports [or supplies]EC,JPN,HKC of the same goods [or services]EC,JPN,HKC from the 
same [Parties] [Pa rty].** 
 
Offsets  
 
5. With regard to procurement covered by this Agreement, 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, prior to or in the course of a procurement GPA/TN1994/3  
 
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  process.  [NB: Hong Kong, China is concerned that the use of "enforce " expands the scope 
of the provision .] [Market Access Issue ] 
 
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 measures affecting trade in services other than measures 
regarding procurement covered by this Agreement.  
 
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 [mandatory by a published 
law or regulation and]EC are incorporated by reference in notices and tender 
documents and procedure regarding procurement covered by this Agreement, and 
any modifications thereof, in officiall y 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 V  Publication of Notice of Intended Procurement  
1. For each procurement covered by this Agreement, 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 ap propriate publication listed in Appendix II.  Such publications shall be in electronic 
or paper media that are widely disseminated and remain readily accessible to the public [and shall 
be accessible free of charge through a single point of access].EC,NOR 
 
2. A procuring entity shall include the following information in each notice of intended 
procurement:  
 
(a) the name and address of the procuring entity and other information necessary to 
contact the procuring entity and obtain all relevant documents relat ing to the 
procurement [and their cost, if any]CDA.JPN,US; 
 
(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;  
 
- [whether the pro curing entity is inviting offers for purchase, lease, rental or 
hire purchase, or more than one of these methods;]EC 
 
- [any options]EC,CDA,NOR,US [for further procurement and, if possible, an 
estimate of when such options may be exercised;]EC 
 
- [for recu rring contracts, if possible, an estimate of the timing of subsequent 
notices of intended procurement;]EC 
 
(c) the time -frame for delivery of goods or services or the duration of the contract;  
 
(d) the procurement method that will be used and whether it will involve negotiation;  
 
(e) 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, as well as the language or la nguages in which they must be submitted, 
if other than an official language of the Party of the procuring entity;  
 GPA/TN1994/3  
 
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  (f) a list and brief description of any conditions for participation of suppliers [and a list 
of any specific documents or certifications req uired from suppliers in connection 
therewith]EC,CDA; 
 
(g) where, pursuant to Article VIII, a procuring entity intends to select a limited number 
of qualified suppliers to be invited to tender, the criteria that will be used to select 
them and, where applicable, any limitation on the number of suppliers that will be 
permitted to tender;  
 
(h) an indication that the procurement is covered by this Agreement;  and 
 
[(i) the amount and terms of payment of any sum payable for the tender 
documentation.]EC 
 
[Notice of Planned Procurement  
 
3. 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 
procurements covered by this Agreement.]EC,US,JPN 
 
4. A procuring entity in [Annex 2 and]US** Annex 3 may use a notice of planned procurement, as 
provided for in paragraph 3, as a notice of intended procurement provided that it [contains i n 
addition the statement that]EC,US [no further notices will be published]EC [the notice of planned 
procurement shall serve as a notice of intended procurement]US [includes as much of the information 
in paragraph 2 as is available].CDA,JPN,EC 
 
[Summary Not ice 
 
5. For each case of intended procurement, a procuring 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;  
 
(b) the time-limits set for the submission of tenders or, where applicable, of applications 
to be invited to tender or for qualifying for the suppliers ' lists; and 
 
(c) the addresses from which documents relating to the procurement may be 
requested.]EC,SW,US,NOR 
 
Article VI  Time -Periods for Tendering  
General  
1. A procuring entity shall ensure that any prescribed time -limit is adequate to allow suppliers of 
other Parties as well as domestic suppliers:  
 
(a) to prepare and submit tenders;  and 
 
(b) where a procuring en tity 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 acc ount such factors as the complexity of the intended procurement, the extent of 
subcontracting anticipated [, and the normal time for transmitting tenders from foreign as well as 
domestic points].EC,NOR 
 GPA/TN1994/3  
 
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  Deadlines  
 
2. Except as provided for in paragraphs 3 and 4 [and 5]CDA, a procuring entity shall provide no 
less than 40 days:  
 
(a) from the date on which the notice of intended procurement is published to the final 
date for the submission of tenders;  or 
 
(b) where the entity has used procedures provided for in Article VIII:[8]CDA,EC,US or 9 
[, whether or not it uses a multi -use list,] from the date on which the entity notifies 
[initially]JPN suppliers that they will be permitted to submit tenders to the final date 
for the submission of tenders.  
 
3. Under the following circumstances, a procuring entity may establish a time -period for 
tendering that is less than 40 days from publication of a notice of intended procurement or an 
invitation to submit tenders, provided that such time -period is sufficie nt to enable suppliers to 
prepare and submit responsive tenders and is in no case less than 10 days prior to the final date for 
the submission of tenders:  [The same shall apply to the 25 -day requirement for submitting 
applications specified in Article VIII :8.]CT,EC,JPN  [NB: The drafting of this sentence needs to be 
considered .] 
 
(a) where [a separate notice, including] [a notice of planned procurement]EC under 
Article V:3 has been published at least 40 days and not more than 12 months in 
advance, [and such notice contains: a description of the procurement; the 
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] [together with as much information 
under Article V.2 as is ava ilable]EC; 
 
[(b) in the case of the second or subsequent publication of notices dealing with contracts 
based on an initial agreement or contract ;]EC 
 
(c) [where the procuring entity procures commercial goods or services;]JPN,CDA,US 
 
(d) where a state of urgency duly substantiated by the procuring entity renders 
impracticable the periods specified in paragraphs 2 and 3.  
 
[(e) when the period for the submission of tenders referred to in paragraph 2, for 
procurements by a procuring entity in [Annex [2 and] 3 ], has been fixed by mutual 
agreement between the procuring entity and the selected suppliers.  In the absence 
of agreement, the procuring entity may fix periods which shall be sufficient to enable 
responsive tendering].EC 
 
4. When a procuring entity publis hes a notice of intended procurement in accordance with Article 
V in an electronic media listed in Appendix II, the procuring entity may reduce the time -periods 
provided for in this Agreement by up to five days.  In addition, when the complete tender 
docume ntation is made available electronically from the beginning of the publication of the notice, 
the procuring entity may reduce the time -periods provided for in this Agreement by up to an 
additional five days.  [In addition, when the tenders may be received e lectronically, the procuring 
entity may reduce the time -periods provided for in this Agreement by up to an additional 5 
days.]CT,KOR,JPN The use of this provision, however, 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.  
 
[5. Notwithstanding any other time -periods in this Article, when a procuring entity is purchasing 
commercial goods and services and the notice of intended procurement and the tender documents 
are published electronically, and the [bids] [tenders]HKC may be received electronically, the entity 
may reduce the time -period to no less than [ ] days, provided such time is adequate to allow 
suppliers to submit responsive electronic tenders.]CDA,EC [NB: Chinese Taipei would apply to all 
goods and services, not just commercial goods and services .] 
 GPA/TN1994/3  
 
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  6. A procuring entity shall require all participating suppliers to submit tenders in accordance with 
a common deadline.  [For greater clarity,] this r equirement also applies where:  
 
(a) as a result of a need to amend information provided to [the suppliers concerned]HKC 
[suppliers] during the procurement process, it extends the time -period for 
procedures to satisfy conditions for participation or tenderi ng procedures;  or 
 
(b) negotiations are concluded and participating suppliers may submit new 
tenders.]EC,JPN,US 
 
Article VII  Information on Intended Procurements  
Tender Documentation  
 
1. A procuring entity shall provide to suppliers tender documentation that includes all information 
necessary to permit suppliers to prepare and submit responsive tenders.  Unless already provided in 
the notice of intended procurement, such documentation shall include a complete description of:  
 
(a) the procurem ent, including the nature and the quantity of the goods or services to 
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, dr awings or instructional materials;  
 
(b) any conditions for participation of suppliers [,some or all of which may be satisfied 
by inclusion on a multi -use list,]CDA,JPN [and a list of information and documents that 
suppliers are required to submit in connec tion therewith] EC,JPN; 
 
(c) all criteria, including any cost factors [, such as transport, insurance and inspection 
costs]EC, to be considered in the awarding of the contract, and [, with the exception 
of]US,CT [commercial goods and services,]US [awarding  to the lowest tender by 
considering cost factors only]CT the relative importance of such criteria;  
 
(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) 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].CDA,EC,JPN 
 
[2. In establishing any delivery date for the goods or services being procur ed, 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 s upply of services.]EC,JPN,US 
 
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.  
 
Technical Specifications  
 
4. A procuring entity shall not prepare, adopt or apply any technical specificatio n or prescribe 
any conformity assessment procedure with the purpose or 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:  
 GPA/TN1994/3  
 
- 12 - 
 
  (a) specify the technical specification, in terms of performance and functional 
requirements, rather than design [, method of development]US or descriptive 
characteristics;  [and]CDA,US,JPN,HKC,JPN [or]EC 
 
(b) base the technical specific ation on international standards, where such exist [and 
are applicable to the procuring entity, except where the use of an international 
standard would fail to meet the procuring entity 's program requirements or would 
impose more burdens than the use of a government -unique standard]US otherwise, 
on [national technical regulations,]JPN recognized national standards or building 
codes [, provided that the notice of intended procurement or the tender documents 
shall state that equivalent solutions shall be cons idered].EC 
 
6. A procuring entity shall not prescribe technical specifications that require or refer to a 
particular trademark or trade name, patent, [copyright]US,CDA design or type, specific origin, producer 
or supplier, unless there is no other sufficiently precise or intelligible way of describing the 
procurement requirements and provided that, in such cases, 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 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 t he 
environment [provided that such technical specifications are consistent with paragraphs 4 
through  7].JPN 
 
Modifications  
 
[9. If, [during the course of a procurement]US [prior to the award of a contract]HKC [before the 
time set for the receipt [and] [or]  opening of tenders]CDA, a procuring entity modifies the criteria or 
technical requirements set out in previous notices and tender documentation provided to 
participating suppliers, amends or reissues the notice, it shall transmit all such modifications or  
amended or re -issued notice in writing, giving the same circulation as the original documents upon 
which the modification or amended or re -issued notice is based:  
 
(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 the original information;  and 
 
(b) in adequate time to allow such suppliers to modify and re -submit amended tenders, 
as appropriate.]CDA,US 
 
[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 circulation 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 concer ned in adequate time to permit the suppliers to 
consider such information and to respond to it.]EC 
[NB: Hong Kong, China and Switzerland are re -examining this paragraph. ] 
 
Article VIII  Conditions for Participation  
General Requirements  
 
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.  
 
2. In assessing whethe r a supplier satisfies the conditions for participation, a procuring entity 
shall:  GPA/TN1994/3  
 
- 13 - 
 
  (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 supplier 
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; and 
 
(b) base its determination of whether a supplier has satisfied the conditions for 
participation on the conditions that the procuring entity has specified in advance in 
notices or tender documentation.  
 
3. 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 procuring 
entity has indicated that i t may limit the number of suppliers that it will invite to submit tenders and 
sets out the criteria for such limitation in the notice of intended procurement [or tender 
documentation].  
 
[3bis. Each Party shall ensure that:  
 
 (i) each procuring 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 
procuring entities.]EC 
 
4. Nothi ng in this Article shall preclude the exclusion of a supplier on grounds such as bankruptcy 
or false declarations or significant deficiencies in performance of any substantive requirement or 
obligation under a prior contract.  
 
Multi-Use 
 
5. A procuring ent ity that maintains a multi -use list of suppliers that have satisfied the conditions 
for participation shall [annually]EC,US,HKC,NOR publish a notice inviting interested suppliers to apply for 
inclusion on the list.  Such notice shall be published in the app ropriate publication listed in 
Appendix  III. [Where the publication is electronic, the notice shall remain readily accessible until the 
multi-use list is terminated and, where the publication is in paper form, the notice shall be re -
published annually.]CDA The notice shall include:  
 
(a) a description of the goods and services [,or categories thereof,]EC,JPN for which the 
list may be used;  
 
(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;  
 
(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 date on which the list will terminate [and the means for its renewal or 
termination]EC,US, [or where a date is not provided, an indication of the method by 
which advance notice will be given of the termination of use of the list]CDA; and 
 
[(e) an indication that, for procurement covered by this Agreement,]CDA,US,JPN the list may 
be used [without a subsequent publication of a notice of intended procurement].SW 
 
[6. Where a multi -use list is valid for a period of three years or less, the notice referred to in 
paragraph 5  may be published only once, at the commencement of the use of the list, provided that 
the notice states that further notices will not be published and this provision is not used to circumvent 
this Agreement.]EC,US 
 
7. A procuring entity shall allow suppli ers 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.  GPA/TN1994/3  
 
- 14 - 
 
  Notice Inviting Applications  [NB: Need to consider appropriateness of this heading. ] 
 
8. Where a procuring entity intends to [limit the submission of tenders to all qualified suppliers 
or to a limited number of qualified suppliers selected by the procuring entity]CDA,EC,US [set a time -limit 
for submitting applications to recogniz e suppliers as having satisfied the conditions for participation 
in a procurement or to select a limited number of qualified suppliers]JP,KOR, [whether or not it uses a 
multi-use list,]CDA,EC the entity shall publish in the notice of intended procurement t he time -limit for 
submitting applications [, which must be a minimum of [25] days from the date of publication of the 
notice.]  [Such time -limit shall be:  
 
(a) a minimum of [15] days from the date of publication of the notice where it uses a 
multi-use list;  or  
 
(b) a minimum of [25] days from the date of publication of the notice where it does not 
use a multi -use list.]JPN,KOR 
 
[If an application is submitted within the time -limit, a procuring entity shall examine it]CDA,EC and 
may not exclud e the supplier from consideration in respect of the procurement on the grounds that 
the procuring entity has insufficient time to examine the application].EC [A procuring entity may limit 
submission of tenders to qualified suppliers that have submitted app lications within this 
time-limit.]JPN 
 
9. Where a procuring entity selects a limited number of qualified suppliers that it will permit to 
submit tenders, the procuring entity shall include in the notice of intended procurement, or the 
tender documentation [if it is made publicly available], the following additional information:  
 
(a) an indication that the entity will limit the qualified suppliers permitted to submit 
tenders;  and 
 
(b) the criteria on which the selection will be based, including, where applic able, any 
limitation on the number of suppliers that will be permitted to tender.  
 
[10. The time -period provided for in paragraph 8 may be reduced to [10] days where:  
 
(a) the conditions for participation for a procurement are the same as or a sub -set of 
the conditions for participation for a multi -use list;  [and]EC 
 
(b) the procurement is for commercial goods or services;  and 
 
(c) the procuring entity has published a notice establishing that multi -use list for at least 
[25] days and that notice [has]CDA,US [and all relevant documents relating to the list 
have]EC remained readily accessible in electronic form since its initial date of 
publication.]CDA,EC,US 
 
Annex 2 and 3 Entities** [NB: Consideration is being given to reducing the scope of this 
paragraph. ] 
 
11. A procuring entity listed in Annexes [1,]CT 2 or 3 may use a notice inviting suppliers to apply 
for inclusion on a multi-use list as a notice of intended procurement, provided that:  
 
(a) the notice sets out, in addition to the information required in paragraph 5, 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 and]EC [an indication that the 
list may be used for procurement covered by this Agree ment]EC,US; 
 
(b) the entity promptly provides to suppliers that have expressed an interest to the 
entity [in a given procurement]EC, sufficient information to permit them to have a 
meaningful opportunity to assess their interest in the procurement [covered  by the 
multi-use list]US, including all remaining information required in Article V:2, to the 
extent such information is available;  [and]  
 GPA/TN1994/3  
 
- 15 - 
 
  [(c) a supplier having applied for inclusion on a multi-use list in accordance with 
paragraph 7 shall be entitled to  tender in a given procurement, if there is sufficient 
time to examine whether it satisfies the conditions for participation].EC 
 
Information on Procuring Entities ' Decisions  
 
12. A procuring entity shall promptly advise a supplier of the success or failure of its application 
for inclusion on a multi-use list and of any decision by the entity to include the supplier on a multi-use 
list. 
 
13. Where a procuring entity has required suppliers to apply for  recognition that they have 
satisfied the conditions for participation in accordance with paragraphs 8 or 9, the entity shall 
[promptly]EC notify all such suppliers [of the failure of their applications and shall send invitations to 
tender to all successfu l suppliers at the same time]EC as to the success or failure of their applications 
[at the same time].CDA 
 
14. Where a procuring entity has taken action under paragraph 12 or 13, the entity shall, on 
request of a supplier, promptly provide the supplier with a written explanation of the reasons for the 
entity 's action.  
 
Article IX  Negotiation  
1. A Party may provide for its procuring entities to conduct negotiations:  
 
(a) in the context of procurements in which they have indicated such intent in t he notice 
of intended procurement in paragraph 2 of Article V;  or 
 
(b) 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.  
 
2. [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.]EC 
 
3. A procuring entity shall ensure that any eliminati on of tenderers in negotiations is carried out 
in accordance with the criteria set out in the notices or tender documentation.  
 
[4. A procuring entity shall transmit, in writing, any modifications to the criteria made in the 
course of negotiations to tende rers whose tenders have not yet been eliminated according to the 
criteria set out in the notices or tender documentation, and [when negotiations are concluded]EC will 
provide a common deadline for the remaining tenderers to submit [any new or revised]CDA,U S [final]EC 
tenders.]  
 
[5. Where negotiations are used, the procuring entity shall maintain a written record which 
demonstrates that the contract was awarded to the tenderer providing the most advantageous 
tender. ]CDA,US 
 
Article X  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,US [use 
a limited tendering procedure]EC and may choose not to apply Articles [ V, VI, VII:1, 2, 3, and 8, 
VIII, IX and XI]CDA,JPN  in the following circumstances:  
 
(a) provided that the requirements of the tend er documentation are not substantially 
modified:  
 
(i) where no tenders were submitted or no suppliers applied to meet the 
conditions for participation;  
 GPA/TN1994/3  
 
- 16 - 
 
   (ii) where no tenders that conform to the essential requirements of the tender 
documentation were subm itted;  
 
 (iii) where no suppliers satisfied the conditions for participation;  or 
 
 (iv) where the tenders submitted have been collusive;  
 
(b) where the goods or services can be supplied only by a particular supplier [and no 
reasonable alternative or substitute goods or services exist]EC,US 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 
 
 (iii) where [due to an absence of competition]US, EC for technical reasons[, no 
reasonable alternative or substitute goods or services exist]CDA; 
 
(c) for additional deliveries [of goods or services]CDA,EC,US [by the original supplier]EC,JPN 
that are intended either a s replacement parts, extensions, or continuing services for 
existing equipment, software, services or installations, where a change [of goods or 
services]CDA,US [of supplier]JPN would compel the entity to procure goods or services 
[not meeting requirements  of interchangeability with existing equipment, software, 
services, or installations]JPN [that would:  
 
(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) in so far as is strictly necessary where, for reasons of extreme urgency brought 
about by events unforeseeable by the procuring entity, the goods or services could 
not be obtained in time under tendering procedures consistent with Arti cles [ ];  
 
(e) for goods purchased on a commodity market;  or 
 
(f) when a procuring entity procures a prototype or a first product 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 
service 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; it does not extend to quantity 
production or supply to establish commercial viability or to recover research and 
development costs;]EC 
 
(g) when additional [construction]JPN,CDA,US 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 contrac ts 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 technical or economic reasons and cause significant inconvenience to th e 
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;  
 GPA/TN1994/3  
 
- 17 - 
 
  (h) for new [construction]JPN,CDA,US [goods and]CT 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;  [NB: Chinese Taipei suggested adding 
information on timing or quantity .] 
 
(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, receivership or bankruptcy]EC and not for routine purchases from regular 
suppliers;]CDA,JPN,US,EC; and 
 
(j) in the case of  contracts awarded to the winner of a design contest provided that:  
 
 (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 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 conditions described 
in paragraph 1 that justified the use of such procedures.  
 
Article XI  Treatment of Tenders and Contract Awards  
Receipt and Opening of Tenders  
 
1. A procuring entity shall receive and open all tenders under procedures that guarantee the 
fairness and impartiality of the procurement process.  [A procuring entity shall not open tenders until 
after the deadline set by the procuring entity for receipt of tenders.]EC 
 
2. A procuring entity shall treat tenders in confidence at least until the award of the contract.  
 
3. A procuring entity shall not penalize any supplier whose tender is received after the tim e 
specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring 
entity.  
 
4. When a procuring entity provides suppliers with opportunities to correct unintentional errors 
of form between the opening of tenders and th e awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating suppliers.  
 
Awarding of Contracts  
 
5. To be considered for award, a tender must be in writing and must, at the time of 
opening, comply with the essen tial requirements of the notices and tender documentation 
and be from a supplier that satisfies any conditions for participation.  
 
6. A procuring entity shall not use option clauses in a manner that circumvents the provisions of 
this 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 . 
 GPA/TN1994/3  
 
- 18 - 
 
  8. Where a procuring entity receives a tender with a price th at 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.  
 
[9. A procuring entity shall not cancel a pr ocurement or modify awarded contracts in a manner 
that circumvents the obligations of this Agreement.]US.EC 
 
[Article XI bis Use of electronic means (NB:  EC Proposal ) 
 
1. Procurement covered by this Agreement conducted, exclusively or not, by electronic means 
shall be subject to the provisions of this Agreement.  
 
2. Where a procuring entity intends to conduct a procurement using electronic means, either 
exclusively or not, it shall:  
 
 (a) state its intention to use electronic means in the notic e of intended procurement;  
 
(b) ensure that any means and tools used for communicating electronically including 
authentication, integrity of data and encryption are non -discriminatory, generally 
available and interoperable with the information and communic ation technology 
products in general use and will not impose an unreasonable burden on other Parties ' 
suppliers access to the tendering procedure;  
 
(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;  
 
(d) use mechanisms which clearly and unambiguously guarantee that, pending the 
expiry of the deadlines set, t he integrity of data is preserved, access to tenders and 
request to participate is prohibited and the timing of submission of tenders and 
request to participate is accurately established.  
 
3. Procuring entities which decide to hold an electronic auction in a procurement covered by this 
Agreement shall:  
 
 (a) state their intention to use electronic auctions in the notice of intended procurement;  
 
(b) indicate in the tender documents the features on which the auction will be run, 
provided that such features are quantifiable and can be expressed in figures or 
percentages, the conditions and rules under which the auction will be carried out;  
 
(c) provide participants, before starting the auction, with the mathematical formula 
determining the automatic ranking during the auction when the contract is to be 
awarded on the basis of the most economically advantageous tender;  
 
(d) ensure that electronic auctions operate in full accordance with the general principles 
of this Agreement, in particular, equal tre atment, non -discrimination and 
transparency.  
 
4. Procuring entities shall ensure full traceability of the award procedures conducted by electronic 
means.]EC 
 
Article XII  Transparency of  Contract Award Information  
Information Provided to Suppliers  
 
1. A pro curing entity shall promptly inform [participating]EC suppliers [that have submitted 
tenders]CDA,JPN,US of the entity 's contract award decisions [on request, in writing].EC Subject to 
Article  XIII, a procuring entity shall, on request, provide an unsuccess ful 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.  GPA/TN1994/3  
 
- 19 - 
 
  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 used, the information shall 
remain readily  accessible for a reasonable period of time.  [Each Party shall notify the title and 
address of the publication, and any changes thereto, to the Committee.]JPN The notice shall include 
at least the following information:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successful tender or the highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award;  and 
 
(f) type of procurement method used, and in cases where [limited] tendering was used 
pursuant to Article [ Limited Tendering ], a description of the circumstances justifying 
the use of such procedure.  
 
Provision of Award Information to Par ties 
 
3. On request of any other Party, [without prejudice to the provision under Article XVIII Dispute 
Settlement,]CDA,EC,US a Party shall provide promptly such information on the 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 w as conducted fairly, 
impartially and in accordance with this Agreement.  [This information shall not be disclosed except 
after consultation with, and agreement of, the person which gave the information to the government 
of the unsuccessful tenderer.]CDA 
 
Maintenance of Documentation and Reports  
 
4. Each procuring entity shall maintain documentation and reports of tendering procedures and 
contract awards relating to procurement covered by this Agreement, including the reports provided 
for in Article [ Limited Tendering ], and shall retain such documentation and reports for a period of at 
least three years from the award of the contract.  
 
Collection and Report of Statistics  
 
5. Each Party shall collect and report to the Committee statistics on its [contracts]CDA,JPN covered 
by this Agreement.  Each report shall [cover one year and]CDA,US 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]CDA,JPN,US 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 
 
(iii) the number and total value of contracts covered by this Agreement awarded 
by each such entity under [limited] tendering procedures.  
 
(iv) [the total value of contracts awarded under derogations to the Agreem ent 
contained in the relevant Annexes.]CDA GPA/TN1994/3  
 
- 20 - 
 
  (b) For Annex 2 and 3 procuring entities:  
 
 (i) the number and [total]CDA,JPN value of contracts covered by this Agreement 
awarded by all such entities  [,broken down by Annex]JPN,CDA,US; 
 
 (ii) the total value of contracts covered by this Agreement awarded by such 
entities, broken down by Annex;  and 
 
(iii) the value of contracts covered by this Agreement awarded by such entities 
under [limited] tendering procedures, broken down by Annex.  
 
(c) Where data to be provided un der subparagraph [(a) and]EC,US,JPN (b) is not available 
, estimates shall be provided.  
 
[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 instructions necessary to 
access and use such statistics.]CDA,JPN  
 
[6bis. Where a Party requires notices concerning awarded contracts, pursuant to Article XII.2, to be 
published electronically and where such notices are accessible through a single dat abase in a form 
permitting automatic analysis, the Party may decide not to prepare the report mentioned in 
paragraph  4 to the Committee.]EC 
 
Article XIII  Non-Disclosure of Information  [NB: Norway and the EC are still 
considering this Article.]  
1. [No Party  or procuring entity may disclose [confidential]CDA information [, designated as 
confidential by the person providing the information]US, including [confidential]CDA information 
received pursuant to Article XII:3, disclosure of which:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition between suppliers;  
 
(c) would prejudice the legitimate commercial interests of particular persons;  or 
 
(d) would otherwise be contrary to the public interest[, without the authorization of the 
person providing the information]CDA,US. 
 
2. Nothing in this Agreement shall be construed to  require [a Party or procuring entity to 
release]JPN,US [the release of]CDA,EC [confidential]CDA 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 of particular [persons]CDA 
[suppliers or procuring entities, including the protection of intellectual property];  or 
 
(d) would otherwise be contrary to the public interest.  
 
3. [In particular, it]EC,US,JPN [Notwithstanding any other provision of the Agreement, a Party or a 
procurin g entity]CDA shall not provide information to [a]CDA particular supplier[s] that might prejudice 
fair competition between suppliers.  
 
Article XIV  Developing Countries [To be inserted.]  
Article XV  Exceptions to the Agreement  
1. Nothing in this Agreement sha ll 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 GPA/TN1994/3  
 
- 21 - 
 
  interests relating to the procurement of arms, ammunition or war materials, or to procure ment 
indispensable for national security or for national defence purposes.  
 
2. Subject to the requirement that such measures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiable discrimination between [Parties ] [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 : 
 
(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.  
 
[3. The Parties understand that Paragraph 2(b) includes environmental measures necessary to 
protec t human, animal or plant life or health]CDA,US [or natural resources ]CT.]CT 
 
[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.]SW,JPN [NB: location needs to be reconsidered. ] [Market Access Issue ] 
 
Article XVI  Modifications and Rectifications to Co verage ** [NB: This Article reflects only 
the views of Japan, Korea and the United States.  The EC reserves its position on this article 
and the right to submit its own drafting at a later stage. ] 
1. (a) Rectifications, transfers of an entity from one Annex to another or, in exceptional 
cases, other modifications [relating to]JPN,KOR [of]US 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 provi ded in this Agreement.  If the 
rectifications, transfers or other modifications are of a purely formal or minor nature, 
they shall become effective provided there is no objection [in writing,]KOR,US including 
reasons for it,]KOR [notified by any Party the b enefits of which under this Agreement 
may be affected by the proposed modification (referred to in this Article as the 
"affected Party ")]JPN,KOR,US within 30 days.  [NB: The US accepts in principle the 
concept of limiting the right to submit an objection to  an "affected Party " 
but wants to ensure that that term does not unduly limit the Parties that 
may submit objections; it may be necessary to define the term. ] 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 [made by any affected Party]JPN,KOR, with a view to 
maintaining a balance of rights and obligations and a comparable level of mutually 
agreed coverage provided in this Agr eement prior to such notification.  In the event 
of an agreement not being reached , the matter may be pursued [by any affected 
Party]JPN,KOR in accordance with the procedures [provided for]US [contained]JPN in 
Article XVIII  [or arbitration]JPN. [NB: The US opposes the addition of 
"arbitration " in the absence of a clarification the operation of such a process 
in this context .] 
 
[(b) If no affected Party has requested the procedures contained in Article  XXII [or 
arbitration] within [120]KOR [210] days f rom the date of circulation of the proposed 
modifications under subparagraph (i), the proposed modifications shall become 
effective. The period under this subparagraph may be extended by mutual 
agreement.]JPN,KOR  
 
[(c) (the same provisions as paragraph (2) (e) below.)]JPN 
 
2. (a) Where a Party wishes[, in exercise of its rights,]JPN,KOR to withdraw an entity from 
Appendix I on the grounds that government control or influence over it has been GPA/TN1994/3  
 
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  effectively eliminated, that Party [(referred to in this Article as  the "modifying 
Party")]JPN,KOR shall notify the Committee.  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 o bjection has 
been made [by any Party the benefits of which under this Agreement may be 
affected by the proposed modification (referred to in this Article as the "affected 
Party")].JPN,KOR,US 
 
[(b) The notification shall contain evidence that  government con trol or influence over it 
has been effectively eliminated , including information [that addresses]US [on]JPN the 
following [factors]US [criteria]JPN,KOR: 
 
 - [whether there is a legal nexus or relationship between the government and 
the entity;]US 
 
 - [whether]US the government [does not control a majority of]JPN,KOR [holds a 
direct or indirect controlling interest in]US the entity 's capital nor voting 
rights;  
 
 - [whether]US the government [does not]JPN,KOR appoint[s]US more than half of 
the members of  the entity 's managing board [or such other number as would 
have]US [which has]JPN,KOR  the power to decide on operations;]JPN,KOR,US  
 
 - [whether the government provides support to or subsidizes the entity, and, 
if so, whether such support represents a one -time public investment or a 
continuous operating subsidy;]US 
 
 - [the operation of the entity is financed by its business revenue, not by 
government subsidies]JPN [Not more than 50% of the entity 's financing 
comes from the State or public bodies];  
 
 - [whether the government exercises formal or informal oversight or 
supervision of an entity 's business decisions, beyond the normal regulatory 
oversight for all suppliers in a particular industry;]US 
 
 - [whether there are any personnel linkages between the en tity and the 
government;]US 
 
 - [the government does not have control or influence over the entity 's 
procurement decisions;]JPN 
 
 - [the government does not provide the entity with any special or exclusive 
rights to operate;]JPN [whether the government has  granted special or 
exclusive legal or economic rights or benefits that may alter the 
competitiveness of an entity 's goods or services in a commercial market or 
otherwise influence the entity 's business decisions;]US [and]CT,US 
 
 - [whether the entity is exclusively engaged in the provision of goods or 
services in commercial markets subject to genuine competition, or whether 
it has mixed governmental and commercial functions.]US [there are more 
than one [entity] [supplier]CT that engage in the pr ovision of goods or 
services on the market.]JPN 
 
[(ii)bis The market in which the entity operates is directly exposed to competition on 
markets to which access is not restricted, it being acknowledged that government 
control or influence over an entity thr ough shareholding, participation on the 
management board, financing or any other means may be neutralized insofar as the 
entity 's procurement is concerned where the entity is exposed to competition on 
markets to which access is not restricted.] 
 
(c) In the  event of an objection  notified [, in writing,[including reasons for it,]KOR by any 
affected Party]JPN,KOR,US the modifying Party shall enter into consultations with such GPA/TN1994/3  
 
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  affected Party.  If agreement is not reached between the modifying Party and any 
affected Party [within [120]KOR [210] days from the date of circulation of the 
proposed modifications  under subparagraph (a)]JPN,KOR [, or within 90 days where 
the information provided with the notification pursuant to subparagraph (b) is 
comprehensive],] the m atter may be pursued [by such affected Party]JPN,KOR in 
accordance with the procedures on consultations and dispute settlement contained 
in Article XXII [[or arbitration]  by written request, including reasons why the affected 
Party objects to the proposed modification].JPN [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 control or influence.]JPN,US 
 
[(d) If no affected P arty has requested the procedures contained in Article XXVIII [or 
arbitration] within [30 days after the expiry of]KOR the [120]KOR [210] -day period of 
consultations under subparagraph (c), the proposed modification shall become 
effective. The period of co nsultation may be extended by mutual agreement.]JPN,KOR 
 
[(e) If the modifying Party implements its proposed withdrawal and does not comply with 
the findings of the arbitration, any affected Party that  participated in the arbitration 
may modify or withdraw substantially equivalent benefits under its Appendix I in 
conformity with those findings. Notwithstanding Article III, such modification or 
withdrawal may be implemented solely with respect to the modifying Party.]JPN 
 
[3. The Committee on Governm ent Procurement shall establish procedures for 
rectifications or modifications to Appendices. Any Party wishing to rectify or modify its Appendices 
in accordance with preceding paragraphs shall comply with such procedures.]JPN,KOR  
 
Article XVII  Challenge P rocedures  
[Consultations between the Procuring Entity and Supplier  
 
1. In the event of a complaint by a supplier that there has been a breach of this Agreement 
arising in the context of a procurement [covered by this Agreement]US 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  not prejudicial to [the supplier 's participation 
in ongoing or future procurement]US the supplier 's rights to seek corrective measures under the 
challenge system.  
 
Challenge  
 
2. Each Party shall provide timely, effective, transparent and non -discriminator y means for a 
supplier to challenge an alleged breach of this Agreement arising in the context of a procurement 
[covered by this Agreement,]US in which it has, or has had, an interest [, without prejudice to the 
supplier 's participation in ongoing or futur e procurements]US. [The procedural rules for all]EC [All]US 
challenge procedures shall be in writing and made generally available.  
 
3. Each supplier shall be allowed a [reasonable]EC [sufficient]US 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 [is]EC [became]US known or reasonably should have [been]EC [become]US known to the 
supplier.  
 
4. [Supplier challenges relating to procurement covered by this Agreement shall be reviewed by 
an]EC [Each Party shall establish or designate at least one]US impartial administrative or judicial 
authority [, which]EC [that]US is independent of its procuring entities [to receive and review 
complaints of suppliers arising in the context  of a procurement covered by this Agreement, without 
prejudice to the supplier 's participation in ongoing or future procurements].US 
 
[5. Where a body other than an authority referred to in paragraph 4 initially 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.]US 
 GPA/TN1994/3  
 
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  6. A review body that is not a court shall either be subject t o 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;  
 
(b) the [parties]EC [participants]CDA,US to the proceedings shall have the right to be heard 
prior to a decision of the review body being taken on the complaint;  
 
(c) the [parties]EC [participants]CDA,US to the proceedings shall have the right to be 
represented and accompanied;  
 
(d) the [parties ]EC [participants]CDA,US to the proceedings shall have access to all 
proceedings [, subject to Article XIII (Non -Disclosure of Information)]US; 
 
(e) the [parties]EC [participants]CDA,US to the proceedings shall have the right to request 
that the proceeding s take place in public [, subject to Article XIII (Non -Disclosure of 
Information]US and [that]EC [to present]US witnesses [are called upon]EC; and 
 
(f) [decisions or]EC,US [findings and]CDA 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.  
 
7. [Each Party shall authorize the authorities that it establishes or designates under paragraph  4 
to take]US [Challenge procedures shall provide for]EC: 
 
(a) [rapid]EC [prompt]US interim measures [, pending the resolution of a complaint,]US 
to correct breaches of the Agreement and to preserve [the supplier 's opportunity to 
participate in the procurement]US [commercial opportunities].EC Such [measures]US 
[action]EC may [include]US [result in]EC suspension of the [procurement process].EC 
[contract award or the performance of a contract that has already been awarded].US 
However, procedures may provide that overriding adverse consequences for the 
interests concerned, including 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;  
 
[(b) an assessment and a possibilit y for a decision on the justification of the challenge;  
and]EC 
 
(c) [provide for]EC correction 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]US tender [preparation]EC or [complaint]US [protest ].EC 
 
Article XVIII  Consultations and Dispute Settleme nt**  [NB: Parties are still reviewing 
this article, only preliminary views are noted below.]  
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 provided below.]CDA,EC,JPN [The provisions of 
Article XXII and XXIII of GATT 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 s ettlement of disputes under this Agreement, 
except as otherwise specifically provided herein.]US 
 
[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 attain ment 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 another 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, [request consultations.]EC [make written 
representations or proposals to the other Party or Parties which it c onsiders to be concerned.  Such 
action shall be promptly notified to the Dispute Settlement Body established under the Dispute GPA/TN1994/3  
 
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  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,JPN [Whenever a Party to this Agreement other than the consulting Parties considers that it 
has a substantial trade interest in such consultations, it may notify the consulting Parties an d the 
Dispute Settlement Body (DSB), within 10 days after the date of the circulation of the request for 
consultations under this paragraph, of its desire to be joined in such consultations.]EC 
 
[2bis. Where the dispute concerns the award of a specific pro curement, paragraphs 8 and 9 of 
Article  4 of the Dispute Settlement Understanding (DSU) may be invoked by the complaining 
Party.]EC 
 
[3. The DSB shall have the authority to establish panels, adopt panel and Appellate Body reports, 
make recommendations or g ive 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 withdrawal of measures found to b e in 
contravention of the Agreement is not possible, provided that]CDA Where a dispute exclusively 
concerns provisions of this Agreement, only Members of the WTO Party to this Agreement shall 
participate in decisions or actions taken by the DSB under this Agreement.]KOR,CDA,EC,JPN 
 
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 a nd 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 findings as will assist the DSB in making the 
recommendations or in giving the rulings provide d for in this Agreement. "]KOR,JPN,CT 
 
[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]KOR, JPN,CT [only Members of the WTO that are 
Party to this Agreement shall participate in decisions or actions taken by the Dispute Settlement 
Body with respect to those parts of the dispute concerning the interpretation and application of this 
Agreement]US.]KOR,JPN,CT,US 
 
[5. Panels established by the DSB to examine disputes under this Agreement should include 
persons q ualified in the area of government procurement.]US,KOR,JPN,CT 
 
6. [Every effort shall be made to accelerate the proceedings to the greatest extent 
possible.]KOR,JPN,CT,US [Notwithstanding the provisions of paragraphs 8 and 9 of Article 12 of the 
Dispute Se ttlement Understanding, the panel shall attempt]CDA,KOR,JPN,CT [Where the dispute concerns 
the award of a specific procurement the panel shall aim,]EC to provide its final report to the parties 
to the dispute not later than [three months]EC [four months, a nd in case of delay not later than seven 
months,]CDA,KOR,JPN,US,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 Artic le 20 and paragraph 4 of Article 21 of the Dispute Settlement Understanding by 
[two]CDA,KOR,JPN,CT [three]EC months.  Moreover, 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,KOR,PN,CT 
 
[6bis. (a) If, in the communication referred to in Article [21.3] of the DSU, the Pa rty 
concerned informs the DSB that it is not possible to bring the measures found to be 
inconsistent with this Agreement into conformity with the Agreement, the Party 
concerned shall, immediately after having made the communication referred to in 
Article [ 21.3] of the DSU, enter into consultations with a view to developing mutually 
acceptable compensation.  
 
(b) Any Party which has entered into such consultations, may at any time request an 
arbitration to determine the level of nullification or impairment th at was caused by 
the measure found to be inconsistent with this Agreement.  
 GPA/TN1994/3  
 
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  (c) Unless a request 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 c onsultations, a proposal for mutually acceptable compensation.  
 
(d) When an arbitration has been 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 members 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 referred to 
in subparagraphs (c) or (d), or if no agreement has been reached within 60 days 
from the submission of the la ter of:  
 
  (i) a proposal for mutually acceptable compensation;  or 
 
  (ii) such a proposal 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 conce rned of concessions and other obligations under the covered 
agreements that is appropriate 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 Unde rstanding, 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 u nder 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 
 
Article XIX  Institutions  
Committee on Government Procurement  
 
1. A Committee on Governmen t 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.  
 
2. The Committee may establish working parties or other subsidia ry bodies that shall carry out 
such functions as may be given to them by the Committee.  
 
Observers  
 
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 [government 
eligible to apply for WTO membership ] [WTO observer ]CT 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.  
 
Article  XX Final Provisions**  
Acceptance and Entry into Force  
 
1. This Agreement shall enter force on [ ] for those WTO Members [and whose agreed coverage 
is set out in Annexes  1 through  5 of Appendix  I,]US,HKC,JPN and which have, by signature, accepted 
this Agre ement on [ ], or have, by or on that date, signed the Agreement subject to ratification and 
have subsequently ratified the Agreement before [ ].  GPA/TN1994/3  
 
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  Transitional Arrangements  
 
2. Between the Parties to this Agreement that are also Parties to the Agreement on  Government 
Procurement dated 15  April 1994 ( "1994 Agreement "), [the rights and obligations of this Agreement 
shall supersede those under ]JPN the 1994 Agreement [shall be  [suspended]US [cease to apply [for 
each of its Members upon acceptance of this Agreement]SW]EC,SW]EC,US,SW When all Parties to the 1994 
Agreement have accepted this Agreement, the 1994 Agreement shall be terminated.  [NB: May 
need to revisit after Cancun. ] 
 
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.  
 
Reservations  
 
4. No Party may enter any reservation in respect of any provisions of this A greement.  
 
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 it s procuring entities] [ Align with definition of measure ]EC, 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.  
 
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.  
 
[7bis. Not later than the end of the third year from the date of e ntry 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,ISR [witho ut prejudice to the needs of developing countries]ISR.]EC,ISR,HKC 
 
[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 eliminat e those which 
remain on the date of entry into force of this Agreement. ]HKC [Market Access Issue ] 
 
9. 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,]CDA,EC,US,HKC the Parties shall take the results of that work 
programme and those negotiations into account in amending Article [ ] as appropriate.  [NB. May 
have to revisit in light of developmen ts in the work programme. ] 
 
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 [not enter into force for any Party until it has been 
accepted by such Party]US,HKC [take effect for the Parties that have accepted the m upon acceptance 
by two thirds of the Parties and thereafter for each other Party upon acceptance by it].EC,JPN 
 GPA/TN1994/3  
 
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  Withdrawal  
 
11. Any Party may withdraw from this Agreement.  The withdrawal shall take effect upon the 
expiration of 60 days from the date on w hich written notice of withdrawal is received by the 
Director -General of the WTO.  Any Party may upon such notification request an immediate meeting 
of the Committee.  
 
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.  
 
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.  
 
Appendices  
 
14. The Appendices to this Agreement constitute an integral part thereof.  
 
Secretariat  
 
15. This Agreement shall be serviced by the WTO Secretariat.  
 
Deposit  
 
16. This Agreement shall be deposit ed 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 paragraph  11. 
 
Registration  
 
17. This Agreement shall be registered in accordance with the provisions of Article  102 of the 
Charter of the United N ations.  
 
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.  
 
__________