RESTRICTED  
  
GPA/TN1994/4/Rev.1  
10 June 2004 
(24-2822) Page: 1/130 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
 
  
SIDE -BY-SIDE TEXT OF THE REVISION OF THE  
AGREEMENT ON GOVERNMENT PROCUREMENT  
AS OF 23  APRIL  2004*,** 
NOTE  BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 23  April 2004 (as reflected in Job  Nos. 3204 and 
3204/Add.1 (3552), dated 11 and 2 8 May 2004, respectively) and the corresponding provisions of 
the 1994  Agreement currently in force.  
 
For information, at the end of  this paper a second table lists the numbering of the provisions of the 
1994 Agreement in their sequence and the numbering of the corresponding provisions in the revised 
draft text.  
 
_______________  
 
 
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs146) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.1  
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Table of Contents  Table of Contents  
 
Preamble  
Article  I Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV Publication of Procurement Information  
Article  V Publication of Notice of Intended 
Procurement  
Article  VI Time-Periods for Tendering  
Article  VII Information on Intended Procurements  
Article  VIII Conditions  for Participation  
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
Article  XIbis Use of Electronic Means  
Article  XII Transparency of Contract Award 
Information  
Article  XIII Non-Disclosure of Information  
Article  XIV Developing Countries  
Article  XV Exceptions to the Agreement  
Article  XVI Modifications and Rectifications to 
Coverage  
Article  XVII Challenge Procedures  
Article  XVIII Consultations and Dispute Settlement  
Article  XIX Institutions  
Article XX Final Provisions  
  
Preamble  
Article  I Scope and Coverage  
Article  II Valuation of Contracts  
Article  III National Treatment and 
Non-discrimination  
Article  IV Rules of Origin  
Article  V Special and Differential Treatment 
for Developing Countries  
Article  VI Technical Specifications  
Article  VII Tendering Procedures  
Article  VIII Qualification of Suppliers  
Article  IX Invitation to Participate Regarding 
Intended Procurement  
Article  X Selection Procedures  
Article  XI Time-limits for Tendering and 
Deliver y 
Article  XII Tender Documentation  
Article  XIII Submission, Receipt and Opening of 
Tenders and Awarding of Contracts  
Article  XIV Negotiation  
Article  XV Limited Tendering  
Article  XVI Offsets  
Article  XVII Transparency  
Article  XVIII Information and Review as Regards 
Obligations of Entities  
Article  XIX Information and Review as Regards 
Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute 
Settlement  
Article  XXIII Exceptions to the Agreement  
Article XXIV  Final Provisions  
Notes  
 
 
Preamble  
  
Parties to this Agreement (hereinafter referred to as 
"Parties"),  
  Parties to this Agreement  (hereinafter referred 
to as "Parties"),  
 
Recognizing  the need for an effective multilateral 
framework for government procurement, with a view 
to achieving greater liberalization and expansion of, 
and improving the framework for, the conduct of 
international trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations with 
respect to laws, regulations, procedures and practices 
regarding government procurement with a view to 
achieving greater liberalization and expansion of world 
trade and improving the international framewor k for 
the conduct of world 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 laws, regulations, procedures 
and practices regarding government procurement 
should not be prepared, adopted or applied to foreign 
or domestic products and services and to foreign or 
domestic suppliers so as to afford protectio n to 
domestic products or services or domestic suppliers 
and should not discriminate among foreign products or 
services or among foreign suppliers;  
 
Recognizing  that the integrity and predictability of 
government procurement systems are integral to the 
efficient and effective management of public resources, 
the performance of the Parties' economies, and the 
functioning of the multilateral trading system;  
  GPA/TN1994/4/Rev.1  
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Recognizing  that the procedural commitments under 
this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each Party;  
  
  Recognizing  the need to establish international 
procedures on notification, consultation, surveillance 
and dispute settlement with a view to ensuring a fair, 
prompt and effective enforcement of the  international 
provisions on government procurement and to 
maintain the balance of rights and obligations at the 
highest possible level;  
 
[Recognizing  the need to 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.]  
  Recognizin g the need to take into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed countries;  
 
  
Recognizing the desirability of transparent measures 
regarding government procurement and the 
importance of carrying out procurements in a 
transparent and impartial manner, avoiding conflict of 
interest and corrupt practices, in accordance with 
relevant international instruments;  
  Recognizing  that it is desirable to provide 
transparency of laws, r egulations, procedures and 
practices regarding government procurement;  
Recognizing the importance of using, and encouraging 
the use of, electronic means for procurement covered 
by this Agreement;  
  
  Desiring , in accordance with paragraph 6(b) of 
Article  IX of the Agreement on Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
 
Desiring  to encourage acceptance of and accession to 
this Agreement by WTO Members not party to it;  
  Desiring  to encourage acceptance of and 
accession to this Agreement by governments not party 
to it; 
 
Having undertaken  further negotiations in pursuance 
of these objectives;  
  Having  undertaken  further negotiations in 
pursuance of these objectives;  
 
Hereby agree  as follows:  
  Hereby agree  as follows:  
 
  
 
1 Unattributed brackets [ ] indicates language that Parties are still considering.  GPA/TN1994/4/Rev.1  
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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 construction 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 specified period of time, 
temporary ownership or a right to control and 
operate, and demand payment for the use of 
such works for the duration of the contract;]US 
[Market Access Issue ] 
  
commercial goods and services  mean goods 
and services with characteristics similar to those 
of goods and services that are sold or offered fo r 
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 [as well as minor modifications not 
customarily available in the comme rcial 
marketplace that do not significantly alter the 
non-governmental function or essential physical 
characteristics or change the purpose]US,CDA; 
  
construction services contract  means a 
contract that has as its objective the realization 
by whatever mea ns of civil or building works[, in 
the sense of Division 51 of the Provisional U.N . 
Central Product Classification (CPC)] ; 
[Bracketed Language - Market Access 
Issue ] 
 Appendix I, Annex 5  
 A construction services contract is a 
contract which has as its obje ctive the realization 
by whatever means of civil or building works, in 
the sense of Division 51 of the Central Product 
Classification.  
 
country or countries  include any separate 
customs territory that is a Party to this 
Agreement . In the case of a separat e customs 
territory that is a Party to this Agreement, where 
an expression in this Agreement is qualified by 
the term "national", such expression shall be 
read as pertaining to that customs territory, 
unless otherwise specified;  
 Notes  
 The terms "country" or "countries" as used 
in this Agreement, including the Appendices, are 
to be understood to include any separate 
customs territory Party to this Agreement.  
 
Notes  
 In the case of a separate customs territory 
Party to this Agreement, where an expr ession in 
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;  
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[electronic auction  means an iterative process 
involving [a computer networking 
environment]US [an electronic device]EC 
[hardware and software configured]EC for the 
presentation of new prices [or]US,EC revised 
[downwards,]EC or new values concerning certain 
elements of tende rs, which occurs after an initial 
full evaluation of the tenders, enabling them to 
be ranked using automatic evaluation 
methods;]EC,US,KOR [NB: Canada questions the 
need for the phrase "which occurs after an 
initial full evaluation of the tenders" and 
whet her it is necessary to prejudge the 
sequence of the evaluation and auction . 
According to the EC, for an electronic 
auction to take place, without running the 
risk of discrimination, it is necessary that 
an initial full evaluation of the tenders has 
taken p lace prior to the launching of the 
electronic auction and the subsequent 
application of the mathematical formula.]  
  
[electronic means  means using [a computer 
networking environment]US [electronic 
equipment]EC [hardware and software 
configured]EC for the [electronic]EC processing 
(including digital compression) and storage of 
data that is transmitted, conveyed and received 
by Internet, by wire, by radio, by optical means 
or by other electromagnetic mean;]EC,US [NB: 
Canada, Japan and Israel reserve their 
position on this definition because of its 
links to other provisions.]  
  
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 a procurement 
method where the procuring entity contacts a 
supplier or suppliers of its choice, only under the 
circumstances specified in Article  X; [NB: Japan 
and Canada propose to delete this 
definition.]  
 Article  VII:3 
For the purposes of this Ag reement:  
[...] 
(c) Limited tendering procedures are those 
procedures where the entity contacts 
suppliers individually, only under the 
conditions specified in Article  XV. 
 
measure  means any law, regulation, procedure, 
[or any act of a procuring entity rela ting to a 
covered procurement]EC [requirement applied in 
a particular procurement,]US,NOR,JPN 
administrative guidance or practice 
[administrative ruling of general application]CT; 
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multi -use list  means a list of suppliers that a 
procuring entity has determined satisfy the 
conditions for participation in that list, and that 
the procuring entity intends to use more than 
once;  
  
notice of intended procurement  means a 
notice published by a procuring entity in 
accordance with Article  V inviting interested 
suppliers to submit tenders;  
  
offsets  in government procurement means any 
[measures,]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 similar actions 
[unless such conditions or undertakings are 
necessary to enable the contracts to be 
performed]HKC; [NB: Hong Kong, China is 
concerned that the addition of "domestic 
suppliers" and, along with Korea and Israel, 
that "technology transfer" expands the 
scope of offsets.]  
 Footnote  
7. Offsets in government procurement are 
measures used to encourage local development 
or improve the balance -of-payments accounts by 
means of domestic content, licensing of 
technology, investment requirements, 
counter -trade or similar requirements.  
 
open tendering  means a procurement method 
where all interested suppliers may submit a 
tender ; [NB: Japan and Canada propose to 
delete this definition.]  
 Article  VII:3 
For the purposes of this Agreement:  
[...] 
(a) Open tendering procedures are those 
procedures under whic h all interested 
suppliers may submit a tender.  
 
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;  
 Article VIII 
(c) ... Entities shall recognize as 
qualified suppliers such domestic 
suppliers or suppliers of other 
Parties who meet the conditions 
for participation in a particular 
intended procurement. ...  
 GPA/TN1994/4/Rev.1  
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[recurring contracts  mean contracts [that are 
related to the regular purchase of the same 
goods or services and that are not subject to a 
framework purchasing system]EC-[, not based on 
an initial contract or agreement, which are 
regular in nature or which are intended to be 
renewed within a given period;]CT 
  
selective tendering  means a procurement 
method where only suppliers satisfying the 
conditions for participation are invited by the 
procuring entity to submit a tender ; [NB: Japan 
and Canada propose to delete this 
definit ion.]  
 Article VII:3  
For the purposes of this Agreement:  
[...] 
(b) Selective tendering procedures are those 
procedures under which, consistent with 
paragraph 3 of Article  X and other 
relevant provisions of this Agreement, 
those suppliers invited to do so b y the 
entity may submit a tender.  
 
services  includes construction services, unless 
otherwise specified;  
  
[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 incl ude or deal 
exclusively with terminology, symbols, 
packaging, marking or labelling requirements as 
they apply to a product, service, process or 
production method;]JPN,EC,US,KOR,NOR 
 Footnote  
4. For the purpose of this Agreement, a 
standard is a document approved by a 
recognized body, that provides, for common and 
repeated use, rules, guidelines or characteristics 
for products or services or related processes and 
production methods, with which compliance is 
not mandatory . It may also include or de al 
exclusively with terminology, symbols, 
packaging, marking or labelling requirements as 
they apply to a product, service, process or 
production method.  
 
supplier  means a person or group of persons 
that provides or could provide 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 mandatory . 
It may also include or deal exclusively with 
terminology, symbols, packaging, marking or 
labelling requirements as they apply to a 
product, service, process or production 
method;]JPN,EC 
 Footnote  
3. For the purpose of this Agreement, a 
technical regulation is a document which lays 
down characteristics of a product or a service or 
their related processes and production methods, 
including the applicable administrative 
provisions, with which compliance is mandatory . 
It may also include or deal exclusively with 
terminology, s ymbols, packaging, marking or 
labelling requirements as they apply to a 
product, service, process or production method.  
 GPA/TN1994/4/Rev.1  
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technical specification  means a tendering 
requirement that:  
 
(a) lays down the characteristics of 
goods or services to be procured, 
including quality, performance, 
safety and dimensions, or the 
processes and methods for their 
production or provision ; or 
 
(b) addresses terminology, symbols, 
packaging, marking or labelling 
requirements, as they apply to a 
good or service.  
 Article  VI 
1. Technical specifications laying down the 
characteristics of the products or services to be 
procured, such as quality, performance, safety 
and dimensions, symbols, terminology, 
packaging, marking and labelling, or the 
processes and methods for  their production and 
requirements relating to conformity assessment 
procedures prescribed by procuring entities, 
shall not be prepared, adopted or applied with a 
view to, or with the effect of, creating 
unnecessary obstacles to international trade.  
 
Article II 
Scope and Coverage  
  
Article  I 
Scope and Coverage  
Application of Agreement  
  
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.  
 1. This Agreement applies to any law, 
regulation, procedure or practice regarding any 
procurement by entities covered by this 
Agreement, as specified in Appendix I.  
 
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 -transfer contracts 
and concessions for public works 
contracts;]US [with or without 
utilization of the funds and the 
managerial or technical ability of 
the p rivate sector]JPN; and 
[Bracketed Language – 
Market Access Issue ] 
 2. This Agreement applies to procurement by 
any contractual means, including through such 
methods as purchase or as lease, rental or hire 
purchase, with or without an option to buy, 
includi ng any combination of products and 
services.  
 
(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. 
 4. This Agreement applies to any 
procurement contract of a value of not less than 
the relevant threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract 
value is estimated to equal or exceed the 
threshold at the time of publication of the notice 
in accordance with Article IX.  
 GPA/TN1994/4/Rev.1  
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[2bis. Without prejudice to Article  [Exceptions], 
this Agreement applies to any procurement:  
 
(a) of central government entities 
where the value is estimated to 
equal or exceed:  
- [] SDR for contracts for 
supply of goods and 
services;  
- [] SDR for contracts for 
construction services;  
 
(b) of sub -central government 
entities where the value is 
estimated to equal or exceed:  
- [] SDR for contracts for 
supply of goods and 
services;  
- [] SDR for contracts for 
construction services;  
 
(c) of entities according to 
Appendix  I, Annex  3 where the 
value is estimated to equal or 
exceed:  
- [] SDR for contracts for 
supply of goods and 
services;  
- [] SDR for contracts for 
construction services.]EC 
[Market Access Issue ] [NB: Korea does not 
support the text (2 bis) proposed by the EC.]  
 Article I  
4. This Agreement applies to any 
procurement contract of a value of not less than 
the relevant threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract 
value is estimated to equal or exceed the 
threshold at the time of publication of the notice 
in accordance with Article IX.  
 
Footn ote 
1. ...Relevant thresholds are specified in 
each Party's Annexes.  
3. For each Party, Appendix  I shall be divided 
into five Annexes:  
 
(a) Annex  1 specifies the central 
government entities whose 
procurement is covered by this 
Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose 
procurement is covered by this 
Agreement;  
 
(c) Annex  3 specifies all other 
entities whose procurement is 
covered by this Agreement;  
 
(d) Annex  4 specifies the services 
covered by this Agreement ; and 
 
(e) Annex  5 specifies the 
construction services covered by 
this Agreement.  
 Footnote  
1. For each Party, Appendix I is divided into 
five Annexes:  
 
 - Annex 1 contains central 
government entities.  
 
 - Annex 2 contains sub -central 
government entities.  
 
 - Annex 3 contains all other 
entities that procure in 
accordance with the provisions 
of this Agreement.  
 
 - Annex 4 specifies services, 
whether listed positively or 
negatively, covered by this 
Agreement.  
 
 - Annex 5 specifies covered 
constructi on services.  
 Relevant thresholds are specified in each 
Party's Annexes.  
 GPA/TN1994/4/Rev.1  
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Compliance   
4. Each Party shall [take such reasonable 
measures as may be available to it to]CDA,HKC 
ensure that the procuring entities listed in its 
Appendix  I comply with the provisions of 
[Articles  VII to X of]CDA this Agreement in 
conducting procurement covered by this 
Agreement. [NB: T he EC, the US, 
Switzerland, Singapore, Japan, Norway and 
Korea ha ve reservation on the bracketed 
language.]  
 Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent 
with the provisions contained in Articles  VII 
through XVI.  
 
5. Where a procuring 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.  
 Article  I 
3. Where entities, in the context of 
procurement covered under this Agreement, 
require enterprises not included in Appendix I to 
award contracts in accordance with particular 
requirements, Article  III shall apply mutatis 
mutandis to such requirements.  
 
Valua tion Article  II 
Valuation of Contracts  
 
6. In estimating the value of a procurement 
for the purpose of ascertaining whether that 
procurement is covered by this Agreement, a 
procuring entity shall:  
 1. The following provisions shall apply in 
determining the value of contracts2 for purposes 
of implementing this Agreement.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract 
value is estimated to equal or exceed the 
threshold at the time of publication of th e notice 
in accordance with Article IX.  
 
(a) neither divide a procurement 
into separate procurements nor 
select or use a particular 
valuation method for estimating 
the value of a procurement with 
the intention of totally or 
partially excluding it from the  
application of this Agreement;  
 Article  II 
3. The selection of the valuation method by 
the entity shall not be used, nor shall any 
procurement requirement be divided, with the 
intention of avoiding the application of this 
Agreement.  
 GPA/TN1994/4/Rev.1  
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[(b) include the maximum total 
estimated value of the 
procurement over its entire 
duration[, whether awarded 
to one or more suppliers]EC, 
taking into account [all forms 
of remunerations, 
including]EC premiums, fees, 
commissions, interest[and 
other revenue streams that 
may be provided for in such 
contracts][ Market Access 
Issue ] and, where the 
procurement provides for the 
possibility of option clauses, 
the total maximum value [or 
total maximum estimated  
value] of the procurement, 
inclusive of optional 
purchases[, and any 
estimated residual value in 
the case of leases, rentals 
and hire purchases ; 
and]CDA,US,HKC]CDA,US,HKC,EC 
 2. Valuation shall take into account all forms 
of remuneration, including any pr emiums, fees, 
commissions and interest receivable.  
 
6. In cases where an intended procurement 
specifies the need for option clauses, the basis 
for valuation shall be the total value of the 
maximum permissible procurement, inclusive of 
optional purchases.  
 
5. In cases of contracts for the lease, rental 
or hire purchase of products or services, or in the 
case of contracts which do not specify a total 
price, the basis for valuation shall be:  
 
(a) in the case of fixed -term 
contracts, where their term is 12 
months or less, the total contract 
value for their duration, or, 
where their term exceeds 12 
months, their total value 
including the estimated residual 
value;  
(b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by  48. 
If there is any doubt, the second basis for 
valuation, namely (b), is to be used.  
 
[(c) deem the procurement [the 
estimated value of which cannot 
be provided]HKC to be covered if 
the scope of the work or the 
period of the contract is 
indefinite.]CDA,US,HKC  
 
[NB: Canada is proposing that 
subparagraphs  6(b) and (c) also replace 
paragraphs  7 and  8. The EC considers 
Canada's proposal to relate to market 
access as it would change coverage.]  
 5. In cases of contracts for the lease, rental 
or hire purchase of products or services, or in the 
case of contracts which do not specify a total 
price, the basis for valuation shall be:  
 
(a) in the case of fixed -term 
contracts, where their term is 12 
months or less, the total contract 
value for their duration, or, 
where their term exceeds 12 
months, their total value 
including the estimated residual 
value;  
(b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by  48. 
If there is any doubt, the second basis for 
valuation, namely (b), is to  be used.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[7. In the case of a recurring procurement, 
the calculation of the estimated value shall be 
based on the total of:  
 
(a) the actual aggregate value of 
recurring contracts with similar 
characteristics awarded during 
the preceding 12  months or 
fiscal year, adjusted where 
possible to take account of 
anticipated changes in quantity 
or value over the subsequent 
12 months ; o r [NB: Hong 
Kong, China considers that 
the scope of "recurring 
contracts with similar 
characteristics" should be 
clarified.]  
 
(b) the estimated aggregate value of 
recurring contracts to be 
awarded during the 12  months 
subsequent to the initial contract 
or during the procuring entity's 
fiscal year, whichever is 
greater.]EC 
[NB: Korea, Switzerland and Canada 
question the meaning and application of 
this paragraph. ] 
 4. If an individual requirement for a 
procurement results in the award of more than 
one contract, or in contracts being awarded in 
separate parts, the basis for valuation shall be 
either:  
 
 (a) the actual value of 
similar recurring contracts 
concluded over the previous 
fiscal year or 12 months 
adjusted, where possible, for 
anticipated changes in quantity 
and value over the subsequent 
12 months ; or 
 
 (b) the estimated value of 
recurring contracts in the fiscal 
year or 12 months subsequent to 
the initial contract.  
 
[8. In the case of procurement by lease, rental 
or hire purchase of goods or services, or 
procurement for which a total price is not 
specified, the basis for valuation shall be, with 
respect to:  
 
(a) fixed-term contracts, where the 
term is 12  months or less, the 
total contract value for their 
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 in stalment 
multiplied by 48 . Where there is 
doubt as to whether the contract 
is to be a fixed -term contract, 
this basis for valuation shall be 
used.]EC,JPN,NOR,US,KOR 
 5. In cases of contracts for the lease, rental 
or hire purchase of products or services, o r in the 
case of contracts which do not specify a total 
price, the basis for valuation shall be:  
 
 (a) in the case of 
fixed-term contracts, where 
their term is 12 months or less, 
the total contract value for their 
duration, or, where their term 
exceeds 12 months, their total 
value including the estimated 
residual value;  
 
 (b) in the case of contracts 
for an indefinite period, the 
monthly instalment multiplied by 
48. 
 
If there is any doubt, the second basis for 
valuation, namely (b), is to be used.  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  III 
General Principles  
  
Article  III 
National Treatment and Non -discrimination  
 
National Treatment and Non -Discrimination   
1. With respect to any measure and any 
procurement covered by this Agreement, 
each Party [and each procuring entity[, 
respectively,]EC,NOR,SWI,JPN]US,EC,NOR,SWI,JPN 
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 servic es of 
any other Party, treatment no less 
favourable than the treatment the Party [or 
the procuring entity]US,EC,NOR,JPN accords to:  
 
(a) domestic goods, services and 
suppliers ; and 
 
(b) goods, services and suppliers 
of any other Party.  
 1. With respect to all laws, regulations, 
procedures and practices regarding 
government procurement covered by this 
Agreement, each Party shall provide 
immediately and unconditionally to the 
products, services and suppliers of other 
Parties offering products or se rvices of the 
Parties, treatment no less favourable than:  
 
 (a) that accorded to 
domestic products, services 
and suppliers ; and 
 
 (b) that accorded to 
products, services and 
suppliers of any other Party.  
 
Article  VII 
1. Each Party shall ensure that the 
tendering procedures of its entities are 
applied in a non -discriminatory manner and 
are consistent with the provisions contained 
in Articles  VII through XVI.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. With respect to any measure and any 
procurement covered by this Agreement, 
neither a Party nor a procuring entity shall:  
 
(a) treat a locally established 
supplier less favourably than 
another locally established 
supplier on the basis of 
degree of foreign affiliation or 
ownership ; nor 
 
(b) discriminate against a locally 
established supplier on th e 
basis that the goods or 
services offered by that 
supplier for a particular 
procurement are goods or 
services of any other Party.  
 Article  III 
2. With respect to all laws, regulations, 
procedures and practices regarding 
government procurement covered by t his 
Agreement, each Party shall ensure:  
 
 (a) that its entities shall 
not treat a locally -established 
supplier less favourably than 
another locally -established 
supplier on the basis of 
degree of foreign affiliation or 
ownership ; and 
 
 (b) that its entities shall 
not discriminate against 
locally -established suppliers 
on the basis of the country of 
production of the good or 
service being supplied, 
provided that the country of 
production is a Party to the 
Agreement in accordance 
with the provisions of 
Article  IV. 
 
Procurement Methods  
 Article  VII 
Tendering Procedures  
 
3. A procuring entity shall conduct 
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 [and impartial]EC,US,JPN,SWI,NOR 
manner[, using methods such as open 
tendering, selective tendering and limited 
tendering].  
 1. Each Party shall ensure that the 
tendering procedures of its entities are 
applied in a non -discriminatory manner and 
are consistent with the provisions contained 
in Articles  VII through XVI.  
 
3bis. [A procuring entity in Annex  1 shall 
ensure that the impartiality of its 
procurement process may not be affected 
by family ties, business links, cross 
representation or other reasons that may 
cause a conflict of interest, in accordance 
with the measures of the Party of the 
procuring entity.]JPN [A procuring entity shall 
ensure that the impartiality of the 
procurement process is not affected by a 
procureme nt official's personal interests, 
such as family ties or business links.]NOR 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Rules of Origin  
 Article  IV 
Rules of Origin  
 
4. For purposes of procurement covered 
by this Agreement, no Party may apply rules 
of origin to goods or services imported from 
or supplied by another Party that are 
different from the rules of origin the Party 
applies at the same time in the normal 
course of trade to imports or supplies of the 
same goods or services from the same 
Party.  
 1. A Party shall not apply rules of or igin 
to products or services imported or supplied 
for purposes of government procurement 
covered by this Agreement from other 
Parties, which are different from the rules of 
origin applied in the normal course of trade 
and at the time of the transaction in 
question to imports or supplies of the same 
products or services from the same Parties.  
 
Offsets  
 Article  XVI 
Offsets  
 
5. With regard to 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 [and]HKC [or in] the 
award of contracts[, prior to or in the course 
of a procurement process].  
 1. Entities shall not, in the qualification 
and selecti on of suppliers, products or 
services, or in the evaluation of tenders and 
award of contracts, impose, seek or 
consider offsets.7 
Measures Not Specific to Procurement  
  
6. The provisions of paragraphs  1 and 2 
shall not apply to customs duties and 
charges of any kind imposed on, or in 
connection with, importation, the method of 
levying such duties and charges, other 
import regulations or formalities, and 
measures affecting trade in services other 
than measures governing procurement 
covered by this A greement.  
 Article  III 
3. The provisions of paragraphs 1 and 2 
shall not apply to customs duties and 
charges of any kind imposed on or in 
connection with importation, the method of 
levying such duties and charges, other 
import regulations and formalities, and 
measures affecting trade in services other 
than laws, regulations, procedures and 
practices regarding government 
procurement covered by this Agreement.  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IV 
Publication of Procurement 
Information  
  
Each Party shall:  
 
(a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of 
general application, standard 
contract clauses that are 
mandated by law or 
regulation and are 
incorporated by reference in 
notices and tender 
documentation and procedure 
regarding procurement 
covered by this Agreement, 
and any modifications 
thereof, in officially 
designated electronic or 
paper media that are widely 
disseminated and remain 
readily accessible to the 
public and t hat are in the 
appropriate publications 
listed in Appendix  IV; and 
 
(b) provide an explanation 
thereof to any Party, on 
request.  
 Article  XIX 
1. Each Party shall promptly publish any 
law, regulation, judicial decision, 
administrative ruling of general application, 
and any procedure (including standard 
contract clauses) regarding government 
procurement covered by this Agreement, in 
the appropriate publications listed in 
Appendix IV and in such a manner as to 
enable other Parties and suppliers to 
become acquainted with them . Each Party 
shall be prepared, upon request, to explain 
to any other Party its government 
procurement procedures.  
 
Article  V 
Publication of Notice of Intended 
Procurement  
  
Article  IX 
Invitation to Participate Regarding 
Intended Procurement  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 appropriate publ ication listed in 
Appendix  II. The notices shall be in 
electronic or paper media that are widely 
disseminated and remain readily accessible 
to the public. [[For procuring entities in 
Annex  1 s]US,HKC,JPN [In all cases, t]EC [[The 
notices] [where electronic ]US,HKC,JPN shall 
[always]EC be [electronically]EC accessible 
free of charge through a single point of 
access].EC,NOR,US,KOR,SWI,HKC,JPN [Procuring 
entities in Annexes  2 and 3 shall be 
encouraged to make such publications 
available free of charge through a  single 
point of access.]US,JPN] [Where electronic, 
the Party shall ensure the notices are 
accessible from one location.]CDA 
 1. In accordance with paragraphs  2 and 
3, entities shall publish an invitation to 
participate for all cases of intended 
procuremen t, except as otherwise provided 
for in Article  XV (limited tendering) . The 
notice shall be published in the appropriate 
publication listed in Appendix  II. 
 
2. The invitation to participate may take 
the form of a notice of proposed 
procurement, as provided for in 
paragraph  6. 
 
2. Each notice of intended procurement 
shall include:  
 6. Each notice of proposed procurement, 
referred to in paragraph  2, shall contain the 
following information:  
 
(a) the name and address of the 
procuring entity and other 
information necessary to 
contact the procuring entity 
and obtain all relevant 
documents relating to the 
procurement, and their cost 
and terms of payment, if any;  
  (e) the address of the 
entity awarding the contract 
and providing any 
information necessary for 
obtaining specifications and 
other documents;  
 
 (g) the amount and 
terms of payment of any sum 
payable for the tender 
documentation ; and 
 
 
(b) a description of the 
procurement, including the 
nature and the quantity of the 
goods or services to be 
procured or, where the 
quantity is not known, the 
estimated quantity;  
 6. (a) the nature and quantity, […]  
 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
- [whether the 
procuring entity is 
inviting offers for 
purchase, lease, rental 
or hire purchase, or 
more than one of 
these methods;]EC 
 6. (h) whether the entity is 
inviting offers for purchase, 
lease, rental or hire 
purchase, or more than one 
of these methods.  
 
 
- [any 
options]EC,CDA,NOR,US 
[for further 
procurement and, if 
possible, an estimate 
of when such options 
may be exercised;]EC 
 6. (a) ... including any 
options for further 
procurement and, if possible, 
an estimate of the timing 
when such options may be 
exercised ...;  
 
 
- [for recurring 
contracts, if possible, 
an estimate of the 
timing of subsequent 
notices of intended 
procurement;]EC [NB: 
The US, Japan, CT, 
Singapore and 
Canada continue to 
believe that it is not 
necessary to require 
the inclusion of 
these three items of 
the notice.]  
 6. (a) ... in the case of 
recurring contracts the 
nature and quantity and, if 
possible, an estimate o f the 
timing of the subsequent 
tender notices for the 
products or services to be 
procured;  
 
 
 
 
 
(c) the time -frame for delivery of 
goods or services or the 
duration of the contract;  
 6. (c) any date for starting 
delivery or completion of 
delivery of goods or services;  
 
(d) the procurement method that 
will be used and whether it 
will involve negotiation[, 
electronic means]EC [or 
electronic auction]CDA,US [and 
any intention that tenders be 
submitted by electronic 
means]CDA,US,JPN; 
 6. (b) whether the 
procedure is open or 
selective or will involve 
negotiation;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(e) the address and the 
time-limits for the submission 
of tenders and, where 
applicable, any tim e-limits for 
the submission of applications 
to qualify for participation in 
the procurement;  
 
(f) the language or languages in 
which tenders or applications 
must be submitted, if other 
than an official language of 
the Party of the procuring 
entity;  
 6. (d) the address and final 
date for submitting an 
application to be invited to 
tender or for qualifying for 
the suppliers' list, or for 
receiving tenders, as well as 
the language or languages in 
which they must be 
submitted;  
 
(g) a list and brief descripti on of 
any conditions for 
participation of suppliers 
[including any specific 
documents or certifications 
required from suppliers in 
connection 
therewith]EC,CDA,ISR,US,SWI,NOR[, 
unless such information is 
already included in the tender 
documentation, which i s 
available at the same time as 
the notice of intended 
procurement]HKC,JPN; 
 6. (f) any economic and 
technical requirements, 
financial guarantees and 
information required from 
suppliers;  
(h) 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 ; 
and 
  
(i) an indication that the 
procurement is covered by 
this Agreement.  
 11. Entities shall make clear, in the 
notices referred to in this Article or in the 
publication in which the notices appear, that 
the procurement is covered by the 
Agreement.  
 
[Summary Notice  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. For each case of intended 
procurement, a procuring entity shall 
publish [in a summary notice] at least the 
information in paragraph  2 (a), (b) and (e) 
in one of the official languages of the 
WTO.]CDA,SWI,US 
 8. For each case of intended 
procurement, the entity shall publish a 
summary notice in one of the official 
languages of the WTO . The notice shall 
contain at least the following information:  
 
(a) the subject matter of the 
contract;  
 
(b) the time -limits set for the 
submission of tenders  or an 
application to be invited to 
tender ; and 
 
(c) the addresses from which 
documents relating to the 
contracts may be requested.  
 
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to 
publish as early as possible in each fiscal 
year a notice regarding each procuring 
entity's future procurement plans . The 
notice should include the subject -matter of 
the procurement and the planned date of 
the publication of the notice of intended 
procurement . W hen the published 
information is in ac cordance 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.  
 7. Each notice of planned procurement 
referred to in paragraph 3 shall contain as 
much of the information referred to in 
paragraph  6 as is available . It shall in any 
case include the information referred to in 
paragraph 8 and:  
 
 (a) a statement that 
interested suppliers should 
express their interest in the 
procurement to the entity;  
 
 (b) a contact point with 
the entity from which further 
information may be obtained.  
 
[5. A procuring entity in 
[Annex  [1,]CT 2 and] Annex  3 may use a 
notice of planned procurement as a notice 
of intended procurement provided t hat it 
[contains in addition the statement that 
interested  suppliers should express their 
interest in the procurement to the 
entity]EC,US [and includes as much of the 
information in paragraph  2 as is 
available].CDA,JPN,EC 
 3. Entities in Annexes  2 and 3 may use a 
notice of planned procurement, as provided 
for in paragraph  7, or a notice regarding a 
qualification system, as provided for in 
paragraph  9, as an invitation to participate.  
 
4. Entities which use a notice of planned 
procurement as an invitation to participate 
shall subsequently invite all suppliers who 
have expressed an interest to confirm their 
interest on the basis of information  which 
shall include at least the information 
referred to in paragraph  6. 
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Summary Notice  
  
5. For each case of intended 
procurement, a procuring entity shall 
publish [in a paper media listed in 
Appendix  2]ISR a summary notice in one of 
the official languages of the WTO. [In 
addition, t]ISR [T]he notice [may be 
published also in electronic media and 
contain the following information:]ISR [shall 
contain at least the following information]:  
 8. For each case of intended 
procurement, the entity shall publish a 
summary notice in one of the official 
languages of the WTO . The notice shall 
contain at least the following information:  
 
(a) the subject -matter of the 
procurement;  
  (a) the subject matter of the 
contract;  
 
(b) the time -limits set for the 
submission of tenders or, 
where applicable, of 
applications to be invited to 
tender or for inclusion on 
multi-use lists ; and 
  (b) the time -limits set 
for the submission of tenders 
or an application  to be invited 
to tender ; and 
 
(c) the addresses from which 
documents relating to the 
procurement may be 
requested.]JPN,KOR,EC 
  (c) the addresses from 
which documents relating to 
the contracts may be 
requested.  
 
Article  VI 
Time -Periods for Tendering  
  
Article  XI 
Time-limits for Tendering and Delivery  
 
General  
 General  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. [A procuring entity shall ensure that 
any prescribed time -limit, including any 
extension of this time -limit, is common for 
all interested or participating suppliers and 
is adequate to allow suppliers of other 
Parties as well as domestic suppliers:  
 
(a) to prepare and submit 
tenders ; and 
 
(b) where a procuring entity 
requires suppliers to meet 
conditions of participation to 
participate in tendering, to 
submit applications 
requesting participation.  
 
In determining any such time -limit, a 
procuring entity shall, consistent with its 
own reasonable needs, take into account 
such factors as the complexity of the 
intended procurement, the extent of 
subcontractin g anticipated, and the normal 
time for transmitting tenders from foreign 
as well as domestic points.]US,EC 
 
[A procuring entity shall provide sufficient 
time for suppliers to prepare and submit 
tenders, taking into account the nature and 
complexity of the procurement . Such 
time-limits shall be common for suppliers of 
other Parties as well as domestic 
suppliers.]CDA,JPN 
 1. (a) Any prescribed 
time-limit shall be adequate 
to allow suppliers of other 
Parties as well as domestic 
suppliers to prepare and 
submit tenders before the 
closing of the tendering 
procedures . In determining 
any such time -limit, entities 
shall, consistent with their 
own reasonable needs, take 
into account such factors as 
the complexity of the 
intended procurement, the 
extent of subcontracti ng 
anticipated and the normal 
time for transmitting tenders 
by mail from foreign as well 
as domestic points.  
 
 1. (b) Each Party shall 
ensure that its entities shall 
take due account of 
publication delays when 
setting the final date for 
receipt of tenders or of 
applications to be invited to 
tender.  
Deadlines  
 Deadlines  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. Except as provided for in 
paragraphs  3 and 4, a procuring entity shall 
provide no less than 40  days:  
 
(a) from the date that the notice 
of intended procurement is 
published [and the tender 
documents are made 
available]CDA,EC,JPN to the final 
date for the submission of 
tenders ; or 
 2. Except in so far as provided in 
paragraph 3,  
 
 (a) in open procedures, 
the period for the receipt of 
tenders shall not be less than 
40 days from the date of 
publication referred to in 
paragraph 1 of Article  IX; 
 
(b) where [the entity has used 
procedures provided for in 
Article  VIII:[...] [, whether or 
not it uses a multi -use list,]] 
[suppliers [are required to]CDA 
[who]JPN meet c onditions for 
participation in advance of 
the tendering process,]CDA,JPN 
from the date [on which] 
[that]CDA the entity 
[initially]JPN notifies suppliers 
[that] they will be [permitted] 
[invited]JPN to submit tenders 
to the final date for the 
submission of tenders.  
  (b) in selective 
procedures not involving the 
use of a permanent list of 
qualified suppliers, the 
period for submitting an 
application to be invited to 
tender shall not be less than 
25 days from the date of 
publication referred to in 
paragraph  1 of Article  IX; 
the period for receipt of 
tenders shall in no case be 
less than 40  days from the 
date of issuance of the 
invitation to tender;  
 
(c) in selective procedures 
involving the use of a 
permanent list of qualified 
suppliers, the period for 
receipt of tenders shall not be 
less than 40 days from the 
date of the initial issuance of 
invitations to tender, 
whether or not the date of 
initial issuance of invitations 
to tender coincides with the 
date of the publication 
referred to in paragraph  1 of 
Article  IX. 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 
sufficient to enable suppliers to prepare and 
submit responsive tenders] and is in no case 
less than 10  days [prior to the final date for 
submission] : [The same shall apply to the 
25-day requirement for submitting 
applications specified in 
Article VIII:[8].]CT,EC,JPN 
 3. The periods referred to in paragraph 2 
may be reduced in the circumstances set 
out below:  
 
 (a) ...the 40 -day limit 
for receipt of tenders may be 
replaced by a period 
sufficiently long to enable 
responsive tendering, which, 
as a general rule, shall not be 
less than 24 days, but in any 
case not less than 10 days;  
 
2. (b) in selective 
procedures not involving the 
use of a permanent list of 
qualified suppliers, the period 
for submitting an application 
to be invited to tender shall 
not be less than 25 days from 
the date of publication 
referred to in paragraph  1 of 
Article  IX; the period for 
receipt of tenders shall in no 
case be less than 40  days 
from the date of issuance of 
the invitation to tender;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) where [a separate notice, 
including]US,CDA,JPN a notice of 
planned procurement 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 ; t he 
approximate time-limits for 
the submission of  tenders or, 
when appropriate, 
applications for qualification ; 
a statement that interested 
suppliers should express their 
interest in the procurement to 
the procuring entity ; and the 
address from which 
documents relating to the 
procurement may be 
obtained]US,JPN [together with 
as much information under 
Article  V:2 as is available]EC]; 
 3. (a) if a separate notice 
has been published 40 days 
and not more than 12 
months in advance and the 
notice contains at least:  
 
(i) as much of the 
information referred to 
in paragraph 6 of 
Article  IX as is available;  
 
 
(ii) the information referred 
to in paragraph 8 of 
Article  IX; 
 
 
(iii) a statement that 
interested suppliers 
should express their 
interest in the 
procurement to the 
entity ; and 
 
 
(iv) a contact po int with the 
entity from which 
further information 
 may be obtained,  
 
(b) in the case of the second or 
subsequent publication of 
notices [dealing with 
contracts based on an initial 
agreement or contract;]EC,US 
where a procuring entity 
[chooses to]HKC publish[es] a 
second or subsequent notice 
based on an initial agreement 
or contract]HKC,EC ,US 
 3. (b) in the case of the 
second or subsequent 
publications dealing with 
contracts of a recurring 
nature within the mea ning of 
paragraph 6 of Article  IX, the 
40-day limit for receipt of 
tenders may be reduced to 
not less than 24 days;  
 
[(c)]JPN,US [b]CDA,JPN [where the 
procuring entity procures 
commercial goods or 
services;]JPN,CDA,US 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(d)] [(c)]CDA,JPN where a state 
of urgency duly substantiated 
by the procuring entity 
renders impracticable the 
periods specified in 
paragraph  2; or 
 3. (c) where a state of 
urgency duly substantiated 
by the entity renders 
impracticable the periods in 
question, the periods 
specifie d in paragraph  2 may 
be reduced but shall in no 
case be less than 10  days 
from the date of the 
publication referred to in 
paragraph  1 of Article  IX; or 
 
[(e) when the period for the 
submission of tenders 
referred to in paragraph  2, for 
procurements by a p rocuring 
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 
 3. (d) the period referred 
to in paragraph  2(c) may, for 
procurements by entities 
listed in Annexes  2 and 3, be 
fixed by mutual agreement 
between the entity and the 
selected suppliers . In the 
absence of agreement, the 
entity may fix periods which 
shall be sufficiently long to 
enable responsive tendering 
and shall in any case not be 
less than 10 days.  
 
3. (a) ... the 40 -day limit 
for receipt of tenders may be 
replaced by a period 
sufficiently long to enable 
responsive tendering, which, 
as a general rule, shall not be 
less than 24 days, but in any 
case not less than 10 days;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity may reduce the 
time-period of 40  days by [no more than]ISR 
[an increment of] five  days for [each] 
[any]ISR one of the following circumstances:  
 
(a) the not ice of intended 
procurement is published 
electronically ; [or]ISR 
 
(b) the [complete]EC tender 
documentation is made 
available electronically from 
the date of the publication of 
the notice of intended 
procurement ; [and] [or]ISR 
 
[(c) the tenders can be received 
electronically by the 
procuring entity].  
 
[The use of this provision, however, sh all in 
no case result in the reduction of those 
time-periods to less than 10  days from the 
date on which the notice of intended 
procurement is published.]EC 
  
[5. Notwithstanding any other 
time-periods in this Article, where a 
procuring entity is purchasing commercial 
goods [or]EC,US,SWI [and]CDA services [and the 
notice of intended procurement and the 
tender documents are published 
electronically, and the tenders may be 
received electronically]EC,US,SWI [and all the 
circumstances listed in paragra ph 4 are 
met]CDA, the entity may reduce the 
time-period to no less than 
[10]SWI,EC [5]US [three]CDA days[, provided 
such time is adequate to allow suppliers to 
submit responsive electronic 
tenders]EC,US,SWI.]CDA,EC,US,SWI 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[6. Where a procuring entity in  
Annex  [2 or]US,CDA 3 has selected all or a 
limited number of qualified suppliers, the 
time-period for bidding may be fixed by 
mutual agreement between the procuring 
entity and the selected suppliers . In the 
absence of agreement, the period shall not 
be less than 10  days.]CDA,US 
 3. (d) the period referred 
to in paragraph  2(c) may, for 
procurements by entities 
listed in Annexes  2 and 3, be 
fixed by mutual agreement 
between the entity and the 
selected suppliers . In the 
absence of agreement, the 
entity may fi x periods which 
shall be sufficiently long to 
enable responsive tendering 
and shall in any case not be 
less than 10 days.  
 
 
Article  VII 
Information on Intended Procurements  
  
Article  XII 
 
Tender Documentation  
 Tender Documentation  
 
 1. If, in tendering procedures, an entity 
allows tenders to be submitted in several 
languages, one of those languages shall be 
one of the official languages of the WTO.  
 
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:  
 2. Tender documentation provided to 
suppliers sh all contain all information 
necessary to permit them to submit 
responsive tenders, including information 
required to be published in the notice of 
intended procurement, except for 
paragraph 6(g) of Article  IX, and the 
following:  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRE SPONDING GPA TEXT  
(a) 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 and any 
requirements to be fulfilled, 
including any technical 
specifications, conformity 
certification, plans, drawings 
or instructional materials;  
  (g) a complete 
description of the products or 
services required or of any 
requirements including 
technical specifications, 
conformity certification to be 
fulfilled, nec essary plans, 
drawings and instructional 
materials;  
 
(b) any conditions for 
participation of suppliers 
including a list of information 
and documents that suppliers 
are required to submit in 
connection therewith;  
  (f) any economic and 
technical requirement, 
financial guarantees and 
information or documents 
required from suppliers;  
 
(c) all criteria, including any cost 
factors, to be considered in 
the awarding of the contract, 
and the relative importance of 
such criteria;  
  (h) the criteria for 
awarding the contract, 
including any factors other 
than price that are to be 
considered in the evaluation 
of tenders and the cost 
elements to be included in 
evaluating tender prices, 
such as transport, insurance 
and inspection costs, and in 
the case of products or 
services of other Parties, 
customs duties and other 
import charges, taxes and 
currency of payment;  
 
(d) where there will be a public 
opening of tenders, the date, 
time and place for the 
opening and, where 
appropriate, the persons 
authorized to be present ; and 
  (e) the persons 
authorized to be present at 
the opening of tenders and 
the date, time and place of 
this opening;  
 
(e) any other terms or conditions, 
including terms of payment 
and any limitation on the 
means by whic h tenders may 
be submitted, e.g. paper or 
electronic means.  
  (a) the address of the 
entity to which tenders 
should be sent;  
 
 (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRE SPONDING GPA TEXT  
  (b) the address where 
requests for supplementary 
information should be sent;  
 
 (c) the language or 
languages in which tenders 
and tendering documents 
must be submitted;  
 
 (d) the closing date and 
time for receipt of tenders 
and the length of time during 
which any tender should be 
open for acceptance;  
 
 (k) in accordance with 
Article XVII the terms and 
conditions, if any, under 
which tenders from countries 
not Parties to this 
Agreement, but which apply 
the procedures of that 
Article, will be entertained.  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. In establishing any delivery date for 
the goods or services being procured, a 
procuring entity shall take into account such 
factors as the complexity of the 
procurement, the extent of subcontracting 
anticipated and the realistic time required 
for productio n, de-stocking and transport of 
goods from the points of supply or for supply 
of services.  
 Article  XI 
4. Consistent with the entity's own 
reasonable needs, any delivery date shall 
take into account such factors as the 
complexity of the intended procuremen t, 
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 
supply of services.  
 
3. A procuring entity shall promptly:  
 
(a) provide, on request, the 
tender documentation to any 
supplier participating in the 
procurement ; and 
 
(b) reply to any reasonable 
request for relevant 
information by a supplier 
participating in the 
procurement, provided that 
such information does not 
give that supplier an 
advantage  over its 
competitors in the 
procurement.  
 Article XII  
Forwarding of Tender Documentation by the 
Entities  
3. (a) In open procedures, entities 
shall forward the tender 
documentation at the 
request of any supplier 
participating in the 
procedure, and shall reply 
promptly to any reasonable 
request for explanations 
relating thereto.  
 
 (b) In selective procedures, 
entities shall forward the 
tender documentation at the 
request of any supplier 
requesting to participate, 
and shall reply promptly to 
any reaso nable request for 
explanations relating 
thereto.  
 
 (c) Entities shall reply promptly 
to any reasonable request 
for relevant information 
submitted by a supplier 
participating in the tendering 
procedure, on condition that 
such information does not 
give that supplier an 
advantage over its 
competitors in the procedure 
for the award of the 
contract.  
 
Technical Specifications  
 Article  VI 
Technical Specifications  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity shall not prepare, 
adopt or apply any technical specification or 
prescribe any conformity assessment 
procedure with the purpose or the effect of 
creating unnecessary obstacles to 
international trade.  
 1. Technical specifications ... shall not be 
prepared, adopted or applied with a view to, 
or with the effect of, creatin g unnecessary 
obstacles to international trade.  
 
5. In prescribing the technical 
specifications for the goods or services 
being procured, a procuring entity shall, 
where appropriate:  
 2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical 
specification, in terms of 
performance and functional 
requirements, rather than 
design or descriptive 
characteristics ; and [NB: The 
EC would prefer using "or" 
instead of "and" at the end 
of this sentence.]  
  (a) be in terms of 
performance rather than 
design or descriptive 
characteristics ; and 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) base the technical 
specification on international 
standards, where such exist 
otherwise, on [national 
technical regulations,]CDA,EC 
recognized national standards 
or building codes[, provided 
that the notice of intended 
procurement or the tender 
documents shall state that 
equivalent solutions shall be 
considered].EC,SWI 
  (b) be based on 
international standards, 
where such exist ; otherwise, 
on national technical 
regulations3, recognized 
national standards4, or 
building codes.  
 
[5bis. Procuring entities [shall] [may] 
consider tenders which do not comply with 
the design or descriptive chara cteristics of 
the technical specification but do 
demonstrably meet the requirements 
thereof and are fit for the purposes 
intended . In this case, the reference to the 
technical specifications in the tender 
documents must include words such as "or 
equivalent ".]EC 
  
6. A procuring entity shall not prescribe 
technical specifications that require or refer 
to a particular trademark or trade name, 
patent, copyright, design or type, specific 
origin, producer or supplier, unless there is 
no other sufficiently preci se 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.  
 3. There shall be no requirement or 
reference to a particular trademark or trade 
name, patent, design or type, specific 
origin, producer or supplier, unless there is 
no sufficiently precise or intelligible way of 
describing the procurement requirements 
and provided that words such as "or 
equivalent" are included in the tender 
documentation.  
 
7. A procuring entity shall not seek or 
accept, in a manner that would have the 
effect of precluding competition, advice that 
may be used in the preparation or adoption 
of any technical specification for a specific 
procurement from a person t hat may have 
a commercial interest in the procurement.  
 4. Entities shall not seek or accept, in a 
manner which would have the effect of 
precluding competition, advice which may 
be used in the preparation of specifications 
for a specific procurement from a firm that 
may have a commercial interest in the 
procurement.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[8. For greater certainty, this Article is not 
intended to preclude a Party from preparing, 
adopting, or applying technical 
specifications to promote the conservation 
of natural resources or protect the 
environment [provided that such technical 
specifications are consistent with 
paragraphs  4 through  7].JPN,EC]JP,EC,US,SWI,NOR 
[NB: Chinese Taipei reserves its 
position on the last bracket.]  
  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVI SION  CORRESPONDING GPA TEXT  
[8bis. Requirements and evaluation 
criteria which require subjective assessment 
or professional judgment should be kept to 
a minimum and should only be used where 
justified.]HKC 
  
Modifications  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVI SION  CORRESPONDING GPA TEXT  
[9. If, [during the course of a 
procurement]US [prior to the award of a 
contract]HKC,CDA, a procuring entity modifies 
the criteria or technical requirements set out 
in previous notices and tender 
documentation provided to participating 
suppliers, [or]US amends or reissues the  
notice, it shall transmit all such 
modifications or amended or re -issued 
notice in writing:  
 
(a) to all the suppliers that are 
participating at the time the 
information is [modified or]US 
amended, if [the identities of 
the suppliers are]US known, 
and in a ll other cases, in the 
same manner as the original 
information [was 
transmitted]US; and 
 
(b) in adequate time to allow 
such suppliers to modify and 
re-submit amended tenders, 
as appropriate.]CDA,US 
 
[If, after publication of a notice of intended 
procurement, but before the time set for the 
opening or receipt of tenders [prior to the 
award of the contract]CDA as specified in the 
notices or the tender documentation, a 
procuring entity amends or re -issues the 
notice, the entity shall circulate the 
amendment or the re -issued notice in the 
same manner as the original documents 
upon which the amendment or re -issued 
notice is based. [A procuring entity shall 
provide]US,EC [A]JPN[a]US,ECny significant 
[additional]EC information given to [all 
suppliers at t he same time]US,EC [one 
supplier with respect to a particular 
intended procurement shall be given 
simultaneously to all other suppliers 
concerned]JPN in adequate time to permit 
the suppliers to consider such information 
and to respond to it].EC,JPN,US,HKC, CDA 
 Article IX  
10. If, after publication of an invitation to 
participate in any case of intended 
procurement, but before the time set for 
opening or receipt of tenders as specified in 
the notices or the tender documentation, it 
becomes necessary to amend or re-issue 
the notice, the amendment or the re -issued 
notice shall be given the same circulation as 
the original documents upon which the 
amendment is based . Any significant 
information given to one supplier with 
respect to a particular intended 
procureme nt shall be given simultaneously 
to all other suppliers concerned in adequate 
time to permit the suppliers to consider 
such information and to respond to it.  
 
Article  XIV:4  
 (b) all modifications to 
the criteria and to the 
technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 
 
Article  VIII 
Conditions for Participation  
  
Article  VIII 
Qualification of Suppliers  
 
General Requirements  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVI SION  CORRESPONDING GPA TEXT  
1. A procuring entity shall limit any 
conditions for participation in a procurement 
to those that are essential to ensure that a 
supplier has the legal, commercial, technical 
and financial abilities to undertake the 
relevant procurement.  
 In the process of qualifying suppliers, 
entities shall not discriminate among 
suppliers of other Parties or between 
domestic suppliers and suppliers of other 
Parties . Qualification procedures shall be 
consistent with the following:  
 
(b) any conditions for 
participation in tendering 
procedures shall be limited to 
those which are essential to 
ensure the firm's capability 
to fulfil the contract in 
question. ...  
 
 (a) any conditions for 
participation in tendering 
procedures shall be 
published in adequate time to 
enable interested suppliers to 
initiate and,  to the extent 
that it is compatible with 
efficient operation of the 
procurement process, 
complete the qualification 
procedures;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVI SION  CORRESPONDING GPA TEXT  
2. In assessing whether a supplier 
satisfies the conditions for participation, a 
procuring entity shall:  
 
(a) evaluate the financial, 
commercial and technical 
abilities of a supplier on the 
basis of that supplier's 
business activities both inside 
and outside the territory of 
the Party of the procuring 
entity[ . Procuring entities 
shall ensure that conditions 
for pa rticipation shall not be 
less favourable to suppliers of 
other Parties than to domestic 
suppliers and shall not 
discriminate among suppliers 
of other Parties.]HKC[, and 
may not impose the condition 
that, in order for a supplier to 
participate in a procurem ent, 
the supplier has previously 
been awarded one or more 
contracts by a procuring 
entity of a given Party or that 
the supplier has prior work 
experience in the territory of 
a given 
Party]US,EC,CDA,KOR,NOR,JPN,SWI; 
and [NB: Hong Kong, China 
proposes deletion of this 
bracket and suggests a 
new paragraph 2 bis.] 
 
(b) base its determination on the 
conditions that the procuring 
entity has specified in 
advance in notices or tender 
documentation.  
 
[2bis. If essential for the satisfactory 
performance  of the contracts, the procuring 
entities may specify that the suppliers have 
prior and relevant working experience in the 
territory provided that this is not used to 
discriminate against suppliers of any other 
Parties.]HKC 
  (b) ... Any conditions for 
participation required from 
suppliers, including financial 
guarantees, technical 
qualifications and 
information necessary for 
establishing the financial, 
commercial and technical 
capacity of suppliers, as well 
as the verification of 
qualifications, shall be n o 
less favourable to suppliers 
of other Parties than to 
domestic suppliers and shall 
not discriminate among 
suppliers of other Parties . 
The financial, commercial 
and technical capacity of a 
supplier shall be judged on 
the basis both of that 
supplier's glob al business 
activity as well as of its 
activity in the territory of the 
procuring entity, taking due 
account of the legal 
relationship between the 
supply organizations;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVI SION  CORRESPONDING GPA TEXT  
3. [Nothing in this Article shall preclude 
the exclusion of] [A procuring entity may 
exclude]EC,NOR a supplier on grounds such as 
bankruptcy[or][,]EC,NOR false declarations 
[or significant deficiencies in performance of 
any substantive requirement or obligation 
under a prior contract] [, convictions for 
criminal offences, profes sional misconduct 
or failure to pay taxes]EC,NOR. 
  (h) nothing in 
subparagraphs (a) through 
(g) shall preclude the 
exclusion of any supplier on 
grounds such as bankruptcy 
or false declarations, 
provided that such an action 
is consistent with the 
national treatment and 
non-discrimination 
provisions of this Agreement.  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Multi-Use Lists  
  
[4.]CDA,US,JPN [8.]EC [A procuring entity 
that maintains a multi -use list of suppliers 
[that have satisfied the conditions for 
participation] shall annually publish [or 
otherwise make available continuously in 
electronic form]US,CDA,KOR,JPN a notice inviting 
interested suppliers to apply for inclusion on 
the list . Such notice shall be published in the 
appropriate pu blication listed in 
Appendix  III.] [Where a multi -use list of 
suppliers that have satisfied the conditions 
for participation is maintained, and where 
the list can be used by such suppliers to 
prove that they meet some or all of the 
conditions for participa tion in respect of 
more than one procurement, a notice shall 
be published annually in one of the 
publications listed in Appendix  III.]EC,SWI The 
notice shall include:  
 Article  IX 
9. In the case of selective tendering 
procedures, entities maintaining permanent 
lists of qualified suppliers shall publish 
annually in one of the publications listed in 
Appendix  III a notice of the following:  
 
 
(a) a description of the goods and 
services, or categories 
thereof, for which the list may 
be used;  
 (a) the enumeration of the lists 
maintained, including their 
headings, in relation to the 
products or services or 
categories of products or 
services to be procured 
through the lists;  
 
(b) the conditions for 
participation to be satisfied by 
suppliers and the methods 
that the procuring entity will 
use to verify a supplier's 
satisfaction of the conditions;  
 (b) the conditions to be fulfilled 
by suppliers with a view to 
their inscription on those lists 
and the methods according 
to which each of those 
conditions will be verified by 
the entity concerned ; and 
 
(c) the name and address of the 
procuring entity and other 
information necessary to 
contact the entity and obtain 
all relevant documents 
relating to the list;  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) [the date on which the list will 
terminate] [the period of 
validity of the list]EC,NOR and 
the means for its renewal or 
termination, [or where a date 
is not provided, an indication 
of the method by which notice 
will be given of the 
termination of use of the 
list]CDA,US,JPN; and 
 (c) the period of validity of the 
lists, and the formalities for 
their renewal.  
 
Article VIII  
 (f)  …Qualified suppliers included 
on permanent lists by entities 
shall also be notified of the 
termination of any such lists 
or of their removal from 
them;  
 
(e) an indication that, for 
procurement covered by this 
Agreement, the list may be 
used.  
 
 Article IX  
11. Entities shall make clear, in the 
notices referred to in this Article or in the 
publication in which the notices appear, that 
the procurement is covered by the 
Agreement.  
 
[9. The notice referred to in 
paragraph 8 of this Article may be published 
only once, at the beginning of the validity of 
the list, provided that:  
 
(a) the period of validity is three 
years or less and is stated in 
the notice;  
 
(b) the notice states that further 
notices will not be published ; 
and 
 
(c) this provision is not be used to 
circumvent the provisions of 
this Agreement. ]EC,US  
[NB: Switzerland, Canada, Singapore 
and Japan question the extent to which 
this paragraph is compatible with 
paragraph  5, which foresees an annual 
publication. ] 
 9. However, when the duration of the 
qualification system is three years or less, 
and if the duration of the system is made 
clear in the notice and it is also made  clear 
that further notices will not be published, it 
shall be sufficient to publish the notice once 
only, at the beginning of the system . Such 
a system shall not be used in a manner 
which circumvents the provisions of this 
Agreement.  
 
[7.] [5]CDA,JPN,US [10.]EC A procuring 
entity shall allow suppliers to apply at any 
time for inclusion on a multi -use list and 
shall include on the list all suppliers that 
satisfy the conditions for participation within 
a reasonably short time.  
 Article VIII  
(d) entities maintaining 
permanent lists of qualified 
suppliers shall ensure that 
suppliers may apply for 
qualification at any time ; and 
that all qualified suppliers so 
requesting are included in 
the lists within a reasonably 
short time;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[[13.]EC,SWI Each Par ty shall ensure that:  
 
(a) each procuring entity and its 
constituent parts follow a 
single qualification procedure, 
except in cases of duly 
substantiated need for a 
different procedure ; and 
 
(b) efforts be made to minimize 
differences in qualification 
procedures between 
procuring entities.]SWI,EC  
 (g) each Party shall ensure that:  
 
(i) each entity and its 
constituent parts 
follow a single 
qualification 
procedure, except in 
cases of duly 
substantiated need for 
a different procedure ; 
and 
 
(ii) efforts be made to 
minimize differences in 
qualification 
procedures between 
entities.  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Notice Inviting Applications]CDA,JPN 
  
[6. A procuring entity that issues a 
separate notice inviting applications from 
suppliers to meet conditions for 
participation shall publish the notice in the 
appropriate publication listed in 
Appendix  III. Such notice shall include:  
 
(a) the name and address of the 
procuring entity and other 
information necessary to  
contact the procuring entity 
and obtain all relevant 
documents relating to the 
procurement, and their cost 
and terms of payment, if any;  
 
(b) a description of the 
procurement, including the 
nature and the quantity of the 
goods or services to be 
procured o r, where the 
quantity is not known, the 
estimated quantity;  
 
(c) a list and brief description of 
the conditions for 
participation of suppliers 
including any specific 
documents or certifications 
required from suppliers in 
connection therewith.  
 
(d) where 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.]CDA 
  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Qualification and s]EC [[S]USelective 
Tendering]EC,US 
  
[7. Except where a notice of a multi -use 
list or a separate notice inviting applications 
to meet conditions for participation has 
been [published or]JPN readily accessible in 
electronic form for a reasonable period of 
time, a procuring entity that intends to limit 
the submission of tenders to all qualified 
suppliers or to a limited number of qualified 
suppliers selected by the procuring entity in 
advance of the deadline for submitting 
tenders, shall publish the time limit for 
submitting applications in the notice of 
intended procurement.]CDA,JPN [NB: Canada 
considers that this paragraph 
addresses the same issue as 
paragraph  8.] 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[3.][8.]CDA,JPN A procuri ng entity shall 
allow all domestic suppliers and suppliers of 
another Party that satisfy the conditions for 
participation in a particular procurement to 
submit a tender, unless the procuring entity 
has indicated that it may limit the number 
of suppliers th at it will invite to submit 
tenders and sets out[, where applicable, any 
limitation on the number of suppliers that 
will be permitted to tender]US,CDA,JPN the 
criteria for such limitation in the notice of 
intended procurement [[or]JPN,US,CDA [, 
where publi cly available, in]CDA tender 
documentation].JPN,US,CDA 
 
[6. Where, consistent with the efficient 
operation of the procurement system, a 
procuring entity intends to select only a 
limited number of qualified suppliers, it 
shall:  
 
(a) indicate in the notice of 
intended procurement the 
number of suppliers meeting 
the conditions for 
participation whose tenders 
will be examined;  
[(b) comply with the provisions of 
Article VIII:4  and 5;]EC,SWI 
and 
[(c) make the selection on the 
basis of objective and 
non-discriminatory criteria 
indicated in the notice of 
intended  procurement or, 
where publicly available in the 
tender documents for such 
selection.]EC,SWI,NOR]EC,NOR 
 
[8. Where a procuring entity intends to 
[limit the submission of tenders to all 
qualified supp liers or to a limited number of 
qualified suppliers selected by the procuring 
entity]US [set a time -limit for submitting 
applications to recognise suppliers as 
having satisfied the conditions for 
participation in a procurement or to select a 
limited number  of qualified suppliers]JPN,KOR, 
[, except where a notice of a multi -use list 
has been readily accessible in electronic 
form for a reasonable period of time,]US the 
entity shall publish in the notice of intended 
procurement the time -limit for submitting 
applications.]  Article VIII  
(c) the process of, and the time required 
for, qualifying suppliers shall not be 
used in order to keep suppliers of 
other Parties off a suppliers' list or 
from being considered for a 
particular intended procurement . 
Entities shall  recognize as qualified 
suppliers such domestic suppliers or 
suppliers of other Parties who meet 
the conditions for participation in a 
particular intended procurement . 
Suppliers requesting to participate in 
a particular intended procurement 
who may not yet  be qualified shall 
also be considered, provided there is 
sufficient time to complete the 
qualification procedure;  
 
Article X  
1. To ensure optimum effective 
international competition under selective 
tendering procedures, entities shall, for 
each intended procurement, invite tenders 
from the maximum number of domestic 
suppliers and suppliers of other Parties, 
consistent with the efficient operation of the 
procurement system . They shall select the 
suppliers to participate in the procedure in 
a fair and non -discriminatory manner.  
 
2. Entities maintaining permanent lists 
of qualified suppliers may select suppliers 
to be invited to tender from among those 
listed . Any selection shall allow for 
equitable opportunities for suppliers on the 
lists. 
 
3. Suppl iers requesting to participate in 
a particular intended procurement shall be 
permitted to submit a tender and be 
considered, provided, in the case of those 
not yet qualified, there is sufficient time to 
complete the qualification procedure under 
Articles  VIII and IX . The number of 
additional suppliers permitted to participate 
shall be limited only by the efficient 
operation of the procurement system.  
 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. (a) Where a procuring 
entity intends to set a 
time-limit for submitting 
applications to recognize 
suppliers as having satisfied 
the conditions for 
participation in a 
procurement and that the 
time-limit for submitting 
applications is different to the 
time-limit for submitting 
tenders, the procuring entity 
shall publish in the notice of 
intended procurement  the 
time-limit for submitting 
applications.  
 
[(b) Where the tender documents 
are not made publicly 
available from the date of 
publication of the notice of 
intended procurement, the 
procuring entity shall ensure 
that those documents are 
[provided] [made av ailable] 
at the same time to all 
qualified suppliers.]EC,SWI 
 Article IX  
5.  Entities which use a notice regarding 
a qualification system as an invitation to 
participate shall provide, subject to the 
considerations referred to in paragraph 4 of 
Article  XVIII and in a timely manner, 
information which allows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in 
participating in the procurement . This 
information shall include the information 
contained in the notices referred to in 
paragraphs 6 and 8, to the extent such 
information is available . Information 
provided to one interested supplier shall be 
provided in a non -discriminatory manner to 
the other interested suppliers.  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[5. A procuring entity shall provide a 
sufficient period of time for suppliers to 
prepare and submit applications . As a rule, 
this period shall be at least 25  days from the 
date of publication of the notice of intended 
procurement, except in the circumstances 
foreseen under Arti cle 
VI:3, 4 and 5.]EC,SWI]EC 
 Article  XI 
1. (a) Any prescribed 
time-limit shall be adequate 
to allow suppliers of other 
Parties as well as domestic 
suppliers to prepare and 
submit tenders before the 
closing of the tendering 
procedures . In determining 
any s uch time -limit, entities 
shall, consistent with their 
own reasonable needs, take 
into account such factors as 
the complexity of the 
intended procurement, the 
extent of subcontracting 
anticipated and the normal 
time for transmitting 
tenders by mail from for eign 
as well as domestic points.  
 
2. Except in so far as provided in 
paragraph 3,  
 
[...] 
 
(b)  in selective procedures not 
involving the use of a 
permanent list of qualified 
suppliers, the period for 
submitting an application to 
be invited to tender shall not 
be less than 25 days from 
the date of publication 
referred to in paragraph  1 of 
Article  IX; the period for 
receipt of tenders shall in no 
case be less than 40  days 
from the date of issuance of 
the invitation to tender;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Such time -limit shall be : 
 
(a) a minimum of [15]SWI days 
from the date of publication of 
the notice where it uses a 
multi-use list ; or [NB: 
Switzerland supports 
shortening the 
time-period for submitting 
applications when using a 
multi -use list to 15  days, 
but notes that the 
time-period should not be 
further shortened when 
using electronic means, 
owing to the complexity of 
the projects requiring 
selection of qualified 
suppliers.]  
 
(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 
 Article  XI 
2. Except in so far as provided in 
paragraph 3,  
 
[...] 
 
(b) in selective procedures not 
involving the use of a 
permanent list of qualified 
suppliers, the period for 
submitting an application to 
be invited to tender shall  not 
be less than 25 days from 
the date of publication 
referred to in paragraph  1 of 
Article  IX; the period for 
receipt of tenders shall in no 
case be less than 40  days 
from the date of issuance of 
the invitation to tender;  
 
(c) in selective procedures 
involving the use of a 
permanent list of qualified 
suppliers, the period for 
receipt of tenders shall not 
be less than 40 days from 
the date of the initial 
issuance of invitations to 
tender, whether or not the 
date of initial issuance of 
invitat ions to tender 
coincides with the date of 
the publication referred to in 
paragraph  1 of Article  IX. 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[If an application is submitted within the 
time-limit, a procuring entity shall examine 
it]US and [may not exclude the supplier from 
consideration in resp ect of the procurement 
on the grounds that the procuring entity has 
insufficient time to examine the 
application]US [,unless due to the 
complexity of the procurement the entity is 
not able to complete the examination of the 
application [within the time -period allowed 
for tendering]US [before commencement of 
tendering]HKC]US. [A procuring entity may 
limit submission of tenders to qualified 
suppliers that have submitted applications 
within this time -limit.]JPN [NB: Hong Kong, 
China preferred deleting the sent ence 
"may not exclude the supplier from 
consideration in respect of the 
procurement on the grounds that the 
procuring entity has insufficient time to 
examine the application" as experience 
showed that it might take considerable 
time to complete the qualifi cation 
process.]  
 Article  X 
3. Suppliers requesting to participate in 
a particular intended procurement shall be 
permitted to submit a tender and be 
considered, provided, in the case of those 
not yet qualified, there is sufficient time to 
complete the qualification procedure under 
Articles  VIII and IX . The number of 
additional suppliers permitted to participate 
shall be limited only by the efficient 
operation of the procurement system.  
 
[7. Where applications from suppliers for 
recognition that they satisfy conditions for 
participation, and all other requested 
documents relating thereto, are submitted 
within the time -limits referred to in 
Article  VIII:5, their applications shall be 
treated in the same way as any other 
applications submitted withi n the 
time-limits . The process of, and time 
required for, verifying if such suppliers 
satisfy the conditions for participation shall 
not be used to exclude such suppliers from 
being considered for the procurement.]EC,SWI 
 Article  VIII 
 
(c) the process of, and the time 
required for, qualifying 
suppliers shall not be used in 
order to keep suppliers of 
other Parties off a suppliers' 
list of from being considered 
for a particular intended 
procurement.  
 Article X  
4. Requests to participate in selective 
tenderin g procedures may be submitted by 
telex, telegram or facsimile.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[9. 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;  
 
(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 remained 
readily a ccessible in 
electronic form since its initial 
date of publication.]US 
  
[Annex 2 and 3 Entities]  
  
[10.] [9]CDA [12.]EC A procuring entity 
listed in Annexes  [2]US or [3]SWI,US,CDA,NOR,EC 
may use a notice inviting suppliers to apply 
for inclusion on a multi -use list as a notice 
of intended procurement, provided that:  
 Article IX  
3. Entities in Annexes  2 and 3 may use 
a notice of planned procurement as 
provided for in paragraph 7, or a notice 
regarding a qualification system, as 
provided for in paragraph 9, as an invitation 
to participate.  
 
9. ... When such a notice is used as an 
invitation to participate in accordance with 
paragraph 3, the notice shall, in addition, 
include the followin g information:  
 
(d) the nature of the products or 
services concerned;  
(e) a statement that the notice 
constitutes an invitation to 
participate.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the notice sets out, in 
addition to the information 
required in 
paragraph  [5][8]EC, as much 
of the information required in 
Article  V:2 as is available and 
contains a statement that it 
constitutes a notice of 
intended procurement [or 
that only the suppliers on the 
multi-use list will receive 
further notice of 
procurements that are 
covered by the multi -use 
list]US,CDA; 
 
(b) the entity promptly provides 
to suppliers that have 
expressed an interest to the 
entity in a given 
procurement, sufficient 
information to permit them to 
have a meaningful 
opportunity to assess their 
interest in the procurement, 
including all remaining 
information required in 
Article  V:2, to the extent such 
information is available ; and 
 5. Entities which use a notice regarding 
a qualification system as an invitation to 
participate shall provide, subject to the 
consid erations referred to in paragraph 4 of 
Article  XVIII and in a timely manner, 
information which allows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in 
participating in the procurement . This 
information s hall include the information 
contained in the notices referred to in 
paragraphs 6 and 8, to the extent such 
information is available . Information 
provided to one interested supplier shall be 
provided in a non -discriminatory manner to 
the other interested s uppliers.  
[(c) a supplier having applied for 
inclusion on a multi -use list in 
accordance with 
paragraph  [7]SWI[10]EC shall 
be entitled to tender in a 
given procurement, if there is 
sufficient time to examine 
whether it satisfies the 
conditions for 
partici pation].EC,SWI 
 Article VIII  
(c) ... Suppliers requesting to 
participate in a particular 
intended procurement who 
may not yet be qualified shall 
also be considered, provided 
there is sufficient time to 
complete the qualification 
procedure;  
 
 (e) if, after publication 
of the notice under 
paragraph 1 of Article  IX, a 
supplier not yet qualified 
requests to participate in an 
intended procurement, the 
entity shall promptly start 
procedures for qualification;  
 
Information on Procuring Entities' Decisions  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[14. A procuring entity shall promptly 
inform a supplier of its decision and, upon 
request from the supplier, promptly provide 
it with a written explanation of the reasons 
for the procuring entity's decision to:  
 
(a) accept or reject the supplier's 
application for recognition of 
satisfaction of conditions for 
participation, or for inclusion 
on a multi -use list ; or 
 
(b) cease to recognize a supplier 
as satisfying the conditions for 
participation for a 
procurement or for inclusion 
on a multi -use list. ]EC,SWI 
 
[12.] [10]CDA,JPN.,US 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 11] [4-7]CDA, the 
entity shall promptly notify all such 
suppliers of the results of their 
applications[.]CDA [and [at the same 
time]US,EC,CDA shall [allow all successful 
applicants to submit tenders.]JPN,US,CDA [send 
invitations to tender to all successful 
applicants.]EC] 
 
[13.] [11]CDA,JPN,US Where a procuring 
entity has taken action under 
paragraph  [10]CDA, the entity shall, on 
request of a supplier, promptly provide the 
supplier with a written explanation of the 
reasons for the entity's action.  
 
[11. A procuring entity shall promptly 
advise a supplie r 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.] 
[NB: Canada would combine this 
paragraph with paragraph  13.] 
  (f) any supplier having 
requeste d to become a 
qualified supplier shall be 
advised by the entities 
concerned of the decision in 
this regard . Q ualified 
suppliers included on 
permanent lists by entities 
shall also be notified of the 
termination of any such lists 
or of their removal from the m 
...; 
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
[Article  IX 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. A Party may provide for its procuring 
entities to conduct negotiations:  
 1. A Party may provide for entities to 
conduct  
negotiations:  
 
(a) in the context of 
procurements in which they 
have indicated such intent in 
the notice of intended 
procurement in paragraph  2 
of Article  V; or 
 (a) in the context of 
procurements in which they 
have indicated such intent, 
namely in the notice referred 
to in paragraph 2 of Article IX 
(the invitation to suppliers to 
participate in the procedure 
for the proposed 
procurement) ; 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.  
 (b) when it appears from 
evaluation that no one 
tender is obviously the most 
advantageous in terms of 
the specific evaluation 
criteria set forth in the 
notices or tender 
documentation.  
 2. Negotiations shall primarily be used to 
identify the strengths and weaknesses in 
tenders.  
 
2. A procuring entity [shall treat tenders 
in confidence . In particular, it]EC,ISR,SWI [shall 
not provide information intended to assist 
particular participants to bring their tenders 
up to the level of other 
participants.]EC,ISR,SWI,CT [NB: Canada, the 
US and Korea believe that this issue is 
already addressed by 
Articles  XI:2 and XIII:3, a nd suggest 
to delete this paragraph.]  
 3. Entities shall treat tenders in 
confidence . In particular, they shall not 
provide information intended to assist 
particular participants to bring their tenders 
up to the level of other participants.  
 
3. A procurin g entity shall ensure that 
any elimination of tenderers in negotiations 
is carried out in accordance with the criteria 
set out in the notices or tender 
documentation.  
 4. Entities shall not, in the course of 
negotiations, discriminate between different 
suppliers . In particular, they shall ensure 
that: 
 
 (a) any elimination of 
participants is carried out in 
accordance with the criteria 
set forth in the notices and 
tender documentation;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity shall transmit, in 
writing, any modi fications to the criteria 
made in the course of negotiations to 
tenderers whose tenders have not yet been 
eliminated according to the criteria set out 
in the notices or tender documentation, and 
when negotiations are concluded will 
provide a common deadlin e for the 
remaining tenderers to submit any new or 
revised tenders.]  
[NB: The US and Canada suggest 
deleting the entire Article as its 
substance is covered elsewhere.]  
 4. (b) all modifications to 
the criteria and to the 
technical requirements are 
transmit ted in writing to all 
remaining participants in the 
negotiations;  
 
(c) all remaining participants 
are afforded an opportunity 
to submit new or amended 
submissions on the basis of 
the revised requirements ; 
and 
 
(d) when negotiations are 
concluded, all participants 
remaining in the 
negotiations shall be 
permitted to submit final 
tenders in accordance with a 
common deadline.  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  X 
Limited Tendering  
  
Article  XV 
Limited Tendering  
 
1. Provided that it does not use this 
provision for the purpose of avoiding 
competition among suppliers or in a manner 
that discriminates against suppliers of the 
other Parties, or that protects domestic 
suppliers, a procuring entity may [contact a 
supplier or suppliers of it s choice]CDA,JPN [use 
a limited tendering procedure]EC,US,NOR,SWI 
and may choose not to apply Articles  [...] in 
the following circumstances : [NB: 
Switzerland finds it useful to mention 
that limited tendering refers to 
"contact a supplier or suppliers of it s 
choice" ; it should also be defined in 
Article  I as it is explicitly mentioned 
under Article  III:3 (Procurement 
methods) . Canada and the US propose 
matching the Articles in the current 
Agreement ; Japan proposes to make 
reference to Articles  V, VI, VII:1,  2, 3, 
and 8, VIII,  IX and XI.] 
 1. The provisions of Articles  VII through 
XIV governing open and selective tendering 
procedures need not apply in the following 
conditions, provided that limited tendering 
is not used with a view to avoiding 
maximum possible  competition or in a 
manner which would constitute a means of 
discrimination among suppliers of other 
Parties or protection to domestic producers 
or suppliers:  
 
Article VII  
3. For the purposes of this Agreement:  
 
(c) Limited tendering procedures 
are those procedures where 
the entity contacts suppliers 
individually, only under the 
conditions specified in 
Article  XV. 
 
 
(a) provided that the 
requirements of the tender 
documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted or no 
suppliers applied to 
meet the conditions 
for participation;  
 
(ii) where no tenders that 
conform to the 
essential requirements 
of the tender 
documentation were 
submitted;  
 
(iii) where no suppliers 
satisfied the 
conditions for 
participation ; or 
 
(iv) where t he tenders 
submitted have been 
collusive;  
 Article XV:1  
 (a) in the absence of 
tenders in response to an 
open or selective tender, or 
when the tenders submitted 
have been collusive, or not in 
conformity with the essential 
requirements in the tender, 
or from suppliers who do not 
comply with the conditions 
for participation provided for 
in accordance with this 
Agreement, on condition, 
however, that the 
requirements of the initial 
tender are not substantially 
modified in the contract as 
awarded;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) where  the goods or services 
can be supplied only by a 
particular supplier and no 
reasonable alternative or 
substitute goods or services 
exist for the following 
reasons:  
 
(i) the requirement is for 
a work of art;  
 
(ii) the protection of 
patents, copyrights or 
other exclusive 
rights[, or proprietary 
information]US,CDA,JPN; 
or [NB: The EC is 
wondering what is 
the extent or 
definition of 
proprietary 
information.]  
 
(iii) due to an absence of 
competition for 
technical reasons;  
  (b) when, for works of 
art or for reasons connected 
with protection of exclusive 
rights, such as patents or 
copyrights, or in the absence 
of competition for technical 
reasons, the products or 
services can be supplied only 
by a particular supplier and 
no reasonable alter native or 
substitute exists;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) for additional deliveries of 
goods or services [by the 
original supplier]EC,JPN,US that 
are intended either as 
replacement parts, 
extensions, or continuing 
services for existing 
equipment, software, 
services or installati ons, 
where a change [of goods or 
services]CDA [of 
supplier]JPN,US,EC,KOR would 
compel the entity to procure 
goods or services [[either]EC 
not meeting requirements of 
interchangeability with [or 
not operable with]EC existing 
equipment, software, 
services, o r 
installations]JPN,KOR,EC [that 
would : [NB: Switzerland 
notes that the relationship 
between (c)  and (g) needs 
further scrutiny.]  
 
(i) alter the operation or 
use of the existing 
goods or services ; or 
 
(ii) due to the change of 
goods or services, 
require existing 
equipment or services 
to be altered;]CDA,US 
  (d) for additional 
deliveries by the original 
supplier which are intended 
either as parts replacement 
for existing supplies, or 
installations, or as the 
extension of existing 
supplies, services , or 
installations where a change 
of supplier would compel the 
entity to procure equipment 
or services not meeting 
requirements of 
interchangeability with 
already existing equipment 
or services5; 
 
Footnote  
5. It is the understanding that "existing 
equipmen t" includes software to the extent 
that the initial procurement of the software 
was covered by the Agreement.  
(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 Articles  []; 
  (c) in so far as is strictly 
necessary when, for reasons 
of extreme urgency brought 
about by events 
unforeseeable by the entity, 
the produ cts or services 
could not be obtained in time 
by means of open or 
selective tendering 
procedures;  
 
(e) for goods purchased on a 
commodity market ; or 
  (h) for products 
purchased on a commodity 
market;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) where a procuring entity 
procures a prototype or a first 
[product] [good]US 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 limit ed production or 
supply in order to incorporate 
the results of field testing and 
to demonstrate that the good 
or service is suitable for 
production or supply in 
quantity to acceptable quality 
standards, but does not 
include quantity production or 
supply to  establish 
commercial viability or to 
recover research and 
development costs;]EC,JPN,US 
  (e) when an entity 
procures prototypes or a first 
product or service which are 
developed at its request in 
the course of, and for, a 
particular contract for 
research,  experiment, study 
or original development . 
When such contracts have 
been fulfilled, subsequent 
procurements of products or 
services shall be subject to 
Articles  VII through XIV6; 
 
Footnote  
6. Original development of a first 
product or service may include limited 
production or supply in order to incorporate 
the results of field testing and to 
demonstrate that the product or service is 
suitable for production or supply in quantity 
to acceptable quality standards . It does not 
extend to quantity produc tion or supply to 
establish commercial viability or to recover 
research and development costs.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(g) where additional 
[construction]JPN,CDA,US,KOR 
services which were not 
included in the initial 
procurement but which were 
within the objectives of the 
original tender 
documentation have, through 
unforeseeable circumstances, 
become necessary to 
complete the services 
described therein, and the 
entity needs to award 
contracts for the additional 
services to the contractor 
carrying out the services 
concerned since  the 
separation of the additional 
services from the initial 
procurement would be 
difficult for technical or 
economic reasons and cause 
significant inconvenience to 
the procuring entity . 
However, the total value of 
contracts awarded for the 
additional servi ces may not 
exceed 50 % of the amount of 
the main procurement ; 
[NB: Switzerland, Norway 
and the EC question why 
this should be limited to 
construction?]  
  (f) when additional 
construction services which 
were not included in the 
initial contract but which 
were within the objectives of 
the original tender 
documentation have, 
through unforeseeable 
circumstances, become 
necessary to complete the 
construction services 
described therein, and the 
entity needs to award 
contracts for the additional 
constructi on services to the 
contractor carrying out the 
construction services 
concerned since the 
separation of the additional 
construction services from 
the initial contract would be 
difficult for technical or 
economic reasons and cause 
significant inconvenience t o 
the entity . However, the total 
value of contracts awarded 
for the additional 
construction services may 
not exceed 50% of the 
amount of the main contract;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(h) for new 
[construction]JPN,CDA,US,KOR 
services consisting of the 
repetition of similar services  
which conform to a basic 
project for which an initial 
contract was awarded 
following an open or selective 
procurement method and for 
which the procuring entity 
has indicated in the notice of 
intended procurement 
concerning the initial service, 
that a limi ted procurement 
method might be used in 
awarding contracts for such 
new services ; [NB: Only 
Chinese Taipei would like 
to add the words "goods 
and" before "services" in 
the first line.]  
  (g) for new construction 
services consisting of the 
repetition of sim ilar 
construction services which 
conform to a basic project for 
which an initial contract was 
awarded in accordance with 
Articles  VII through XIV and 
for which the entity has 
indicated in the notice of 
intended procurement 
concerning the initial 
constructi on service, that 
limited tendering procedures 
might be used in awarding 
contracts for such new 
construction services;  
 
(i) for purchases made under 
exceptionally advantageous 
conditions which only arise in 
the very short term in the 
case of unusual dispos als 
such as arising from 
liquidation, receivership or 
bankruptcy and not for 
routine purchases from 
regular suppliers ; and 
  (i) for purchases made under 
exceptionally advantageous 
conditions which only arise in 
the very short term . This 
provision is intended to cover 
unusual disposals by firms 
which are not normally 
suppliers, or disposal of 
assets of businesses in 
liquidation or receivership . It 
is not intended to cover 
routine purchases from 
regular suppliers;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(j) in the case of a contract 
awarded  to [a] 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 a design 
contract being 
awarded to [a] winner.  
  (j) in the case of contracts 
awarded to the winner of a 
design contest provided that 
the contest has been 
organized in a manner which 
is consiste nt with the 
principles of this Agreement, 
notably as regards the 
publication, in the sense of 
Article  IX, of an invitation to 
suitably qualified suppliers, 
to participate in such a 
contest which shall be judged 
by an independent jury with 
a view to design contracts 
being awarded to the 
winners.  
 
2. A procuring entity shall prepare a 
report in writing on each contract awarded 
under paragraph  1. Each such report shall 
include the name of the procuring entity, 
the value and kind of goods or services 
procured and a statement indicating the 
circumstances and conditions described in 
paragraph  1 that justified the use of such 
procedures.  
 2. Entities shall prepare a report in 
writing on each contract awarded under the 
provisions of paragraph  1. Each report shall 
contain the name of the procuring entity, 
value and kind of goods or services 
procured, country of origin, and a 
statement of the conditions in this Article 
which prevailed . This report shall remain 
with the entities concerned at the disposal 
of the government authorities responsible 
for the entity in order that it may be used if 
required under the procedures of 
Articles  XVIII, XIX, XX and XXII.  
 
 
Article  XI 
Treatment of Tenders and Contract 
Awards  
  
Article  XIII 
Submission,  Receipt  and Opening  of Tende
rs and Awarding  of Contracts  
 
Receipt and Opening of Tenders   
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. The submission, receipt and opening 
of tenders and awarding of contracts shall 
be consistent with the following:  
 
 (a) tenders shall 
normally be submitted in 
writing directly or by mail . If 
tenders by telex, telegram or 
facsimile are permitted, the 
tender made thereby must 
include all the information 
necessary for the evaluation 
of the tender, in particular 
the definitive price proposed  
by the tenderer and a 
statement that the tenderer 
agrees to all the terms, 
conditions and provisions of 
the invitation to tender . The 
tender must be confirmed 
promptly by letter or by the 
despatch of a signed copy of 
the telex, telegram or 
facsimile . Tenders presented 
by telephone shall not be 
permitted . The content of the 
telex, telegram or facsimile 
shall prevail where there is a 
difference or conflict 
between that content and 
any documentation received 
after the time -limit; and 
 
1. A procuring entity s hall receive and 
open all tenders under procedures that 
guarantee the fairness and impartiality of 
the procurement process.  
 Opening of Tenders  
3. All tenders solicited under open or 
selective procedures by entities shall be 
received and opened under procedures and 
conditions guaranteeing the regularity of 
the openings . The receipt and opening of 
tenders shall also be consistent with the 
national treatment and non -discrimination 
provisions of this Agreement . Information 
on the opening of tenders shall remain with 
the entity concerned at the disposal of the 
government authorities responsible for the 
entity in order that it may be used if 
required under the procedures of 
Articles  XVIII, XIX, XX  and XXII.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. A procuring entity shall treat tenders 
in conf idence at least until the award of the 
contract.  
 Article XIV  
3. Entities shall treat tenders in 
confidence . In particular, they shall not 
provide information intended to assist 
particular participants to bring their tenders 
up to the level of other partic ipants.  
 
3. A procuring entity shall not penalize 
any supplier whose tender is received after 
the time specified for receiving tenders if 
the delay is due solely to mishandling on the 
part of the procuring entity.  
 Article XIII  
Receipt of Tenders  
2. A supplier shall not be penalized if a 
tender is received in the office designated 
in the tender documentation after the time 
specified because of delay due solely to 
mishandling on the part of the entity . 
Tenders may also be considered in other 
exceptional circumstances if the procedures 
of the entity concerned so provide.  
 
4. When a procuring entity provides 
suppliers with opportunities to correct 
unintentional errors of form between the 
opening of tenders and the awarding of the 
contract, the procuring entity shall provide 
the same opportunities to all participating 
suppliers.  
  (b) the opportunities 
that may be given to 
tenderers to correct 
unintentional errors of form 
between the opening of 
tenders and the awarding of 
the contract shall not b e 
permitted to give rise to any 
discriminatory practice.  
 
Awarding of Contracts  
 Award of Contracts  
 
5. To be considered for award, a tender 
must be in writing and must, at the time of 
opening, comply with the essential 
requirements of the notices and te nder 
documentation and be from a supplier that 
satisfies any conditions for participation.  
 4. (a) To be considered for 
award, a tender must, at the 
time of opening, conform to 
the essential requirements of 
the notices or tender 
documentation and be from a 
supplier which complies with 
the conditions for 
participation. ...  
 
 (c) Awards shall be 
made in accordance with the 
criteria and essential 
requirements specified in the 
tender documentation.  
 
6. A procuring entity shall not use option 
clauses in a  manner that circumvents the 
provisions of this Agreement.  
 5. Option clauses shall not be used in a 
manner which circumvents the provisions 
of the Agreement.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Unless a procuring entity determines 
that it is not in the public interest to award 
a contract, it shall award the contract to the 
supplier that the entity has determined to 
be fully capable of undertaking the contract 
and whose tender is either the lowest price 
or the tender that the entity has determined 
to be the most advantageous solely  on the 
basis of the requirements and evaluation 
criteria specified in the notices or tender 
documentation.  
 4. (b) Unless in the public 
interest an entity decides 
not to issue the contract, 
the entity shall make the 
award to the tenderer who 
has been dete rmined to be 
fully capable of undertaking 
the contract and whose 
tender, whether for 
domestic products or 
services, or products or 
services of other Parties, is 
either the lowest tender or 
the tender which in terms of 
the specific evaluation 
criteria set f orth in the 
notices or tender 
documentation is 
determined to be the most 
advantageous.  
 
8. Where a procuring entity receives a 
tender with a price that is abnormally lower 
than the prices in other tenders submitted, 
it may verify with the tenderer that it  can 
comply with the conditions of participation 
and be capable of fulfilling the terms of the 
contract.  
 4. (a) ... If an entity has received a 
tender abnormally lower than other tenders 
submitted, it may enquire with the tenderer 
to ensure that it can comply with the 
conditions of participation and be capable of 
fulfilling the terms of the contract.  
 
[9. A procuring entity shall not cancel a 
procurement or modify awarded contracts 
in a manner that circumvents the 
obligations of this Agreement.]US.EC,NO R,JPN 
  
 
[Article  XIbis 
Use of Electronic Means ] 
[NB: Switzerland supports this new 
Article and is reviewing the text in 
detail . Israel is still considering this 
proposed Article . Canada is questioning 
whether  2 (b), 2 (d) and 3 (d) are 
necessary.]  
  
1. [Procurement covered by this 
Agreement conducted, exclusively or not, 
by electronic means shall be subject to the 
provisions of this 
Agreement.]EC,SGP,KOR,JPN,SWI 
 
2. Where a procuring entity intends to 
conduct a procurement using electronic 
means, either wholly or partially, it shall:  
 Article XXIV:8  
Information Technology  
 
 With a view to ensuring that the 
Agreement does not constitute an 
unnecessary obstacle to technical progress, 
Parties shall consult regularly in the 
Committee regarding developments in the 
use of information technology in 
government procurement and shall, if GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(a) indicate [in the notice of 
intended procurement]US,EC 
its intention to [require that 
tenders be submitted by 
electronic means]US,EC;] 
(b) ensure that any means and 
tools used for communicating 
electronically including 
authentication, integrity of 
data and encryption are 
[non-discriminatory][.]JPN, 
[generally  available and 
interoperable with the 
information and 
communication technology 
products in general use and 
will not impose an 
unreasonable burden on 
other Parties' suppliers access 
to the tendering procedure] ; 
[NB: Canada and the US 
have reservations on th is 
subparagraph.]  
(c) ensure that all information 
necessary to permit potential 
suppliers to meet the 
specifications for using the 
necessary electronic means 
and tools is available to 
interested parties and is 
included by the procuring 
entity in the tender  
documentation ; and [NB: 
Canada and the US wonder 
whether this should be a 
paragraph  2 in 
Article  VII.]  
(d) use mechanisms which 
clearly and unambiguously 
guarantee that, pending the 
expiry of the deadlines set, 
the integrity of data is 
preserved, access t o tenders 
and request to participate is 
prohibited and the timing of 
receipt of tenders and request 
to participate is accurately 
established.  
 
3. [A procuring entity that intends to 
hold an electronic auction in a] [A]US 
procurement covered by this Agreeme nt 
[may be conducted by electronic auction, 
provided that the procuring entity]US shall: necessary, negotiate modifications to the 
Agreement . These consultations shall in 
particular aim to ensure that the use of 
information technology promotes the aims 
of open, non -discriminatory and efficient 
government procurement through 
transparent proc edures, that contracts 
covered under the Agreement are clearly 
identified and that all available information 
relating to a particular contract can be 
identified . When a Party intends to 
innovate, it shall endeavour to take into 
account the views expressed by other 
Parties regarding any potential problems.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[NB: Japan and Israel are wondering 
whether the requirements of 
confidentiality allow for the use of 
electronic auction.]  
 
[(a) state their intention to use 
electronic  auctions in the 
notice of intended 
procurement;] [NB: Canada 
wonders whether this is 
not already addressed by 
Article  V:2.]  
 
(b) indicate in the tender 
documents the features on 
which the electronic auction 
will be run, provided that 
such features are qua ntifiable 
and can be expressed in 
figures or percentages, and 
the conditions and rules 
under which the auction will 
be carried out ; [NB: Canada 
and the US believe this 
should be located in 
Article  VII relating to 
evaluation criteria.]  
 
(c) provide participants, before 
starting the electronic 
auction, with the evaluation 
factors that will be used, 
including [any]US [the]EC 
mathematical formula 
determining the automatic 
ranking during the electronic 
auction when the contract is 
to be awarded on the ba sis of 
the most economically 
advantageous tender ; [NB: 
Canada believes this 
should be located in 
Article  VII relating to 
evaluation criteria.]  
 
(d) ensure that electronic 
auctions operate in full 
accordance with the general 
principles of this Agreement, 
in particular, equal 
treatment, 
non-discrimination and 
transparency.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
[4. [A p]US,EC[P]rocuring entit[ies][y]US,EC 
shall ensure [that all stages of the 
procurement procedure] [full traceability of 
the [conduct of a procurement]SWI,US [award 
procedures]] conducted by electronic 
[auction]US,SWI,SGP [means remain fully 
traceable for a period of at least three years 
from the award of the contract]EC.]EC,US,KOR 
[NB: Japan, the US, Korea and the EC 
suggest to include some time -limit for 
traceability . Canada, the US and 
Singapore wonder whether this is not 
addressed in Article  XII:4.]  
 
 
Article  XII 
Transparency of Contract Award 
Information  
  
Article XVIII  
Information and Review as Regards 
Obligations of Entities  
 
Information Provided to Suppliers  
  
1. A procuring entity shall promptly 
inform [participating]EC,NOR suppliers [that 
have submitted tenders]CDA,JPN,US of the 
entity's contract award decisions [and, on 
request, in writing].EC,SWI,NOR Subject to 
Article  XIII, a procuring entity shall, on 
request, provide an unsuccessful  supplier 
with an explanation of the reasons that the 
entity did not select its tender and the 
relative advantages of the successful 
supplier's tender.  
 3. Entities shall promptly inform 
participating suppliers of decisions on 
contract awards and, upon req uest, in 
writing.  
 
2. Each entity shall, on request from a 
supplier of a Party, promptly provide:  
 
 (a) an explanation of its 
procurement practices and 
procedures;  
 
 (c) to an unsuccessful 
tenderer, pertinent 
information concerning the 
reasons why its tender was 
not selected and on the 
characteristics and relative 
advantages of the tender 
selected as well as the name 
of the winning tenderer.  
 
  (b) pertinent 
information concerning the 
reasons why the supplier's 
application to qualify was 
rejected, why its existing 
qualification was brought to 
an end and why it was not 
selected ; and 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 . The notice shall include at 
least the following information:  
 1. Entities shall publish a notice in the 
appropriate publication listed in Appendix II 
not later than 72 days after the award of 
each contract under Articles  XIII through 
XV. These notices shall contain:  
(a) a description of  the goods or 
services procured;  
  (a) the nature and 
quantity of products or 
services in the contract 
award;  
 
(b) the name and address of the 
procuring entity;  
  (b) the name and 
address of the entity 
awarding the contract;  
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) the name and address of the 
successful supplier;  
  (d) the name and 
address of winning tenderer;  
(d) the value of the successful 
tender or the highest and 
lowest offers taken into 
account in the award of the 
contract;  
  (e) the value of the 
winning award or the highest 
and lowest offer taken into 
account in the award of the 
contract;  
(e) the date of award ; and 
  (c) the date of award;  
(f) type of procurement method 
used, and in cases where 
limited tendering was used 
pursuan t to Article  [X 
(Limited Tendering) ], a 
description of the 
circumstances justifying the 
use of such procedure.  
  (g) the type of procedure used.  
 
 (f) where appropriate, means 
of identifying the notice 
issued under paragraph 1 of 
Article  IX or justificatio n 
according to Article  XV for 
the use of such procedure ; 
and 
 
Provision of [Award] Information to Parties  Article XIX  
Information and Review as Regards 
Obligations of Parties  
 
3. On request of any other Party, [and 
subject to Article  XIII:[2]  [1]EC]EC without 
prejudice to the provision under 
Article  XVIII [Dispute Settlement], a Party 
shall provide promptly such information on 
the [procurement and]EC award of a 
contract, including information on the 
characteristics and relative  advantages of 
the successful tender and on the contract 
price, as may be necessary to determine 
whether the procurement was conducted 
fairly, impartially and in accordance with 
this Agreement. [In cases where release of 
this information would prejudice 
competition in future tenders, t]EC,SWI [T]he 
Party that receives that information shall 
not disclose it to any supplier, except after 
consultation with, and agreement of, the 
Party that provided the information.  
 2. The government of an unsuccessful 
tendere r which is a Party to this Agreement 
may seek, without prejudice to the 
provisions under Article  XXII, such 
additional information on the contract 
award as may be necessary to ensure that 
the procurement was made fairly and 
impartially . To this end, the pr ocuring 
government shall provide information on 
both the characteristics and relative 
advantages of the winning tender and the 
contract price . Normally this latter 
information may be disclosed by the 
government of the unsuccessful tenderer 
provided it exer cises this right with 
discretion . In cases where release of this 
information would prejudice competition in 
future tenders, this information shall not be 
disclosed except after consultation with and 
agreement of the Party which gave the 
information to the government of the 
unsuccessful tenderer.  
 
3. Available information concerning 
procurement by covered entities and their 
individual contract awards shall be 
provided, upon request, to any other Party.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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  [X (Limited Tendering) ], and shall 
retain such docum entation and reports for a 
period of at least three  years from the 
award of the contract.  
 Article XX  
4. Each Party shall ensure that 
documentation relating to all aspects of the 
process concerning procurements covered 
by this Agreement shall be retained for 
three years.  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Collection and Report of Statistics  
  
5. Each Party shall collect and report to 
the Committee statistics on its contracts 
covered by this Agreement . Each report 
shall cover one year and be submitted 
within two  years of the end of the reporting 
period, and shall contain:  
 
(a) For Annex  1 procuring 
entities:  
 
(i) the number and total 
value, for all such 
entities, of contracts 
covered by this 
Agreement;  
 
(ii) the number and total 
value of all contracts 
covered by this 
Agreement awarded 
by such entities, 
broken down by 
[categories of] goods 
and services 
[according to a[n 
internationally 
recognized]CDA,US 
uniform classification 
system] ; and [NB: 
Switzerland 
suggests the 
deletio n of "by 
categories of goods 
and services 
according to an 
internationally 
recognized uniform 
classification 
system" ; t his 
should be left 
optional to 
Members 
depending on the 
use they may have 
from these 
statistics . The EC is 
considering the 
need for a unif orm 
classification 
system to be agreed 
upon among the 
GPA Parties.]  Article XIX  
5. Each Party shall collect and provide to 
the Committee on an annual basis statistics 
on its procurements covered by this 
Agreement . Such reports shall contain the 
following information with respect to 
contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) for entities in Annex  1, 
statistics on the estimated 
value of contracts awarded, 
both above and below the 
threshold value, on a global 
basis and broken down by 
entities ; for entities in 
Annexes  2 and 3, statistics on 
the estimated value of 
contracts awarded above the 
threshold value on a global 
basis and broken down by 
categories of entitie s; 
 
(b) for entities in Annex  1, 
statistics on the number and 
total value of contracts 
awarded above the threshold 
value, broken down by 
entities and categories of 
products and services 
according to uniform 
classification systems ; for 
entities in Annexes  2 and 3, 
statistics on the estimated 
value of contracts awarded 
above the threshold value 
broken down by categories of 
entities and categories of 
products and services;  
 
(c) for entities in Annex  1, 
statistics, broken down by 
entity and by categori es of 
products and services, on the 
number and total value of 
contracts awarded under 
each of the cases of 
Article  XV...; and 
 
(d) for entities in Annex  1, 
statistics, broken down by 
entities, on the number and GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(iii) the number and total 
value of contracts 
covered by this 
Agreement awarded 
by each such entity 
under limited 
tendering.  
 
[(iv) the total value of 
contracts awarded 
under derogations to 
the Agreement 
contained in the 
relevant Annexes.]CDA 
[NB: A ll parties, 
except Canada, 
agree to delete this 
subparagraph. ] 
 total value of contracts 
awarded under deroga tions 
to the Agreement contained 
in the relevant Annexes...  . 
 
(b) For Annex  2 and 3 procuring 
entities:  
 
(i) the number and total 
value of contracts 
covered by this 
Agreement awarded 
by all such entities, 
broken down by 
Annex;  
 
[(ii) the value of contracts 
covered by this 
Agreement awarded 
by such entities under 
limited tendering, 
broken down by 
Annex].CDA [NB: All 
parties, except 
Canada, agree to 
delete this 
subparagraph.]  
 
(c) Where data to be provided 
under 
subparagraph  [(a) and]EC,US,J
PN (b) is  not available, 
estimates shall be provided.  
 5. Each Party shall collect and provide to 
the Committee on an annual basis statistics 
on its procurements covered by this 
Agreement . Such reports shall contain the 
following information with respect to 
contrac ts awarded by all procurement 
entities covered under this Agreement:  
 
(a) ... for entities in Annexes  2 
and 3, statistics on the 
estimated value of contracts 
awarded above the threshold 
value on a global basis and 
broken down by categories of 
entities;  
 
(b) ... for entities in Annexes  2 
and 3, statistics on the 
estimated value of contracts 
awarded above the threshold 
value broken down by 
categories of entities and 
categories of products and 
services;  
 
(c) ...for categories of entities in 
Annexes  2 and 3, statistics on 
the total value of contracts 
awarded above the threshold 
value under each of the cases 
of Article  XV; and 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 (d) ... for categories of 
entities in Annexes  2 and 3, 
statistics on the total value of 
contracts awarded under 
derogations to the Agr eement 
contained in the relevant 
Annexes.  
 
 5. ... To the extent that such information 
is available, each Party shall provide 
statistics on the country of origin of products 
and services purchased by its entities . With 
a view to ensuring that such statistics are 
comparable, the Committee shall provide 
guidance on methods to be used . With a 
view to ensuring effective monitoring of 
procurement covered by this Agreement, 
the Committee may decide unanimously to 
modify the requirements of subparagraphs 
(a) through (d) as regards the nature and 
the extent of statistical information to be 
provided and the breakdowns and 
classifications to be used.  
 
6. Where a Party publishes its statistics 
on an official website, the Party may 
substitute a notification of the website 
address for the submission of the data, with 
any instructions necessary to access and 
use such statistics.  
 
7. Where a Party requires notices 
concerning awarded contracts, pursuant to 
Article  XII:2, to be published electronically 
and where such  notices are accessible to the 
public through a single database in a form 
permitting [automatic] analysis of the 
covered contracts, the Party may substitute 
a notification of the website address for the 
submission of the data, with any 
instructions necessa ry to access and use 
such data.  
  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIII 
Non-Disclosure of Information  
[NB: The United States and Japan 
suggest that subparagraph  2 (b) 
should be deleted as unnecessary.]  
  
1. Notwithstanding any other provision of 
the Agreement, a Party or a procuring entity 
may not provide information to a particular 
supplier that might prejudice fair 
competition between suppliers.  
 Article VII  
2. Entities shall not provide to any 
supplier inf ormation with regard to a 
specific procurement in a manner which 
would have the effect of precluding 
competition.  
 
Article XIX  
4. Confidential information provided to 
any Party which would impede law 
enforcement or otherwise be contrary to the 
public inter est or would prejudice the 
legitimate commercial interest of particular 
enterprises, public or private, or might 
prejudice fair competition between 
suppliers shall not be revealed without 
formal authorization from the party 
providing the information.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. Nothing in this Agreement shall be 
construed to require a Party or procuring 
entity [or an authority or review body under 
Article  XVII [or XVIII]EC]EC,US to release 
[confidential]CDA,JPN information under this 
Agreement where release:  
 
(a) would impede law 
enforcement;  
 
(b) [might prejudice fair 
competition between 
suppliers;]  
 
(c) would prejudice the 
legitimate commercial 
interests[, including the 
protection of intellectual 
property,]CDA,US,JPN of 
particular persons ; or 
 
(d) would otherwise be co ntrary 
to the public interest.  
 
[except to the extent that it may be required 
to be disclosed in the context of proceedings 
under Articles  XVII or XVIII.]EC 
 Article XVIII  
4. However, entities may decide that 
certain information on the contract award, 
contained in paragraphs  1 and 2(c), be 
withheld where release of such information 
would impede law enforcement or 
otherwise be contrary to the public interest 
or would prejudice the legitimate 
commercial interest of particular 
enterprises, public or  private, or might 
prejudice fair competition between 
suppliers.  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIV 
Developing Countries  
[NB: The current text is based on a joint 
proposal made by the EC, US and 
Switzerland . All parties are reviewing 
this Article.]  
  
Article  V 
Special and Differential Treatment for 
Developing Countries  
1. In negotiations on accession to, and in 
the implementation and administration of, 
the Agreement, the Parties shall take special 
consideration of developing and 
least-developed countries' (thereafter 
developing countries) development, 
financial and trade needs and 
circumstances, recognizing that these may 
differ significantly from country to country . 
In this context, the Parties shall give due 
consideration to requests by a developing 
country for transitional measures with 
regard to its market access commitments 
under paragraph  3, as well as its 
implementation of the procedural 
obligations of the Agreement under 
paragraph  5. The Parties shall accord 
special and differential treatment [to 
developing and least developed 
countries]SWI,ISR,KOR, as provided for by this 
Article[.]SWI,ISR,KOR [: 
 
(a) to any least -developed 
country that accedes to this 
Agreement ; and 
 
(b) to any other developing 
country that accedes to this 
Agreement, [provided that 
such country demonstrates 
to the Parties' satisfaction a 
need for such 
treatment]SWI,US [to the 
extent that [the Parties 
determine that]US [this]EC,NOR 
special and differential 
treatment meets 
developm ent needs of the 
developing country in 
question]EC,US,NOR]EC,US,SWI,JPN,
CDA,NOR. 
 Objectives  
 
1. Parties shall, in the implementation 
and administration of this Agreement, 
through the provisions set out in this 
Article, duly take into account the 
development, financial and trade needs of 
developing countries, in particular 
least-developed countries, in their need to : 
... 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (a) safeguard their 
balance -of-payments 
position and ensure a level of 
reserves adequate for the 
implementation of 
programm es of economic 
development;  
 
[bearing in mind the importance attached to 
the concept of development, in particular as 
it refers to small and medium enterprises 
from developing countries, the Parties shall 
give due consideration to a request by a 
developing country to invoke the use of 
"offsets" as defined in Article I and under 
the conditions stated below.]ISR 1. (b) promote the establishment 
or development of domestic 
industries including the 
development of small -scale 
and cottage industries in 
rural or backward areas ; and 
economic development of 
other sectors of the 
economy;  
 
(c) support industrial units so 
long as they are wholly or 
substantially dependent on 
government procurement ; 
and 
 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (d) encourage their economic 
development through 
regional or global 
arrangements among 
developing countries 
presented to the Ministerial 
Conference of the World 
Trade Organization 
(hereinafter referred to as 
the "WTO") and not 
disapproved by it.  
 
2. [Subject to the coverage that a 
developed country Party has negotiated 
with an acceding developing country, 
the]SWI,US [Each]EC,NOR developed country 
Party shall provide immediately to the 
goods, services and suppliers of the 
acceding developing country the most 
favourable treatment offered by that 
developed country Party under Appendix  I 
upon accession of the developing country. 
[However, with respect to a developing 
country other than a least -developed 
country, where the Parties have agreed to 
[the partial or tota l exclusion of a specific 
sector or entities]EC,US [transitional 
measures,]SWI provided for in paragraph  3 
for such country, in order to maintain 
appropriate reciprocal trade opportunities 
under the Agreement, any Party may agree 
with the acceding country to limit the scope 
of coverage that the Party provides to that 
country during the agreed transition period . 
Any such limitations shall be clearly 
identified in the Committee's accession 
decision and in each Party's Annexes or 
Notes to Appendix  I.]SWI,US 2. Consistently with the provisions of 
this Agreement, each Party shall, in the 
preparation and application of laws, 
regulations and procedures affecting 
government procurement, facilitate 
increased imports from developing 
countries, bearing in mind the spec ial 
problems of least -developed countries and 
of those countries at low stages of economic 
development.  
 
Coverage  
 
3. ... Developed countries, in the 
preparation of their coverage lists under the 
provisions of this Agreement, shall 
endeavour to include entities procuring 
products and services of export interest to 
developing countries.  
 
Special Treatment for Least -Developed 
Countries  
 
12. Having regard to paragraph  6 of the 
Decision of the CONTRACTING PARTIES to 
GATT  1947 of 28  November  1979 on 
Differential and More Favourable 
Treatment, Reciprocity and Fuller 
Participation of Developing Countries 
(BISD  26S/203 -205), special treatment 
shall be granted to least -developed country 
Parties and to the suppliers in those Parties 
with respect to products  or services 
originating in those Parties, in the context 
of any general or specific measures in 
favour of developing country Parties . A 
Party may also grant the benefits of this 
Agreement to suppliers in least -developed 
countries which are not Parties, wi th 
respect to products or services originating 
in those countries.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A developing country Party may, with 
the agreement of the Parties, [adopt or]EC 
retain[, based upon development 
needs]SWI,EC,KOR transitional measures upon 
its accession to the Agreeme nt, during an 
agreed -upon transition period with a 
phase -out schedule that may include:  
 
(a) price preference 
programmes, provided that 
the price preference 
programme:  
 
(i) provides a preference 
only for the part of the 
tender incorporating 
goods or services 
originating in the Party 
applying the 
preference or goods or 
services originating in 
other developing 
countries that have 
preferential 
agreements with the 
Party applying the 
preference ; and 
 
 
(ii) is transparent, and its 
application is clearly 
stated in notices of 
intended procurement 
and notices inviting 
suppliers to apply for 
participation in 
procurement covered 
by the Agreement ; 
[and]EC 
 Agreed Exclusions  
 
4. A developing country may negotiate 
with other participants in negotiations 
under this A greement mutually acceptable 
exclusions from the rules on national 
treatment with respect to certain entities, 
products or services that are included in its 
coverage lists, having regard to the 
particular circumstances of each case . In 
such negotiations, t he considerations 
mentioned in subparagraphs  1(a) through 
1(c) shall be duly taken into account . A 
developing country participating in regional 
or global arrangements among developing 
countries referred to in subparagraph  1(d) 
may also negotiate exclusions  to its lists, 
having regard to the particular 
circumstances of each case, taking into 
account, inter alia, the provisions on 
government procurement provided for in 
the regional or global arrangements 
concerned and, in particular, products or 
services whic h may be subject to common 
industrial development programmes.  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) offsets, provided that:  
 
(i) any requirement for, 
or consideration of, 
the imposition of 
offsets is clearly stated 
in notices of intended 
procurement and 
notices inviting 
suppliers to apply for 
participation in 
procurement covered 
by the Agreement ; 
and 
 
(ii) the offsets are applied 
in a 
non-discriminatory 
manner ; [or]SWI 
 Article XVI  
2. Nevertheless, having regard to 
general policy considerations, including 
those relating to development , a developing 
country may at the time of accession 
negotiate conditions for the use of offsets, 
such as requirements for the incorporation 
of domestic content . Such requirements 
shall be used only for qualification to 
participate in the procurement proces s and 
not as criteria for awarding contracts . 
Conditions shall be objective, clearly 
defined and non -discriminatory . They shall 
be set forth in the country's Appendix I and 
may include precise limitations on the 
imposition of offsets in any contract subjec t 
to this Agreement . The existence of such 
conditions shall be notified to the 
Committee and included in the notice of 
intended procurement and other 
documentation.  
 
[(c) higher thresholds ; and]US,CDA  
(d) [limitations on its coverage 
such as]SWI [in exceptional 
cases [and when duly justified 
by the acceding developing 
country]EC,]EC,US the partial or 
total exclusion of a specific 
sector or entities.  
 Article V  
 
3.  With a view to ensuring that 
developing countries are able to adhere to 
this Agree ment on terms consistent with 
their development, financial and trade 
needs, the objectives listed in paragraph  1 
shall be duly taken into account in the 
course of negotiations with respect to the 
procurement of developing countries to be 
covered by the pro visions of this 
Agreement. ...  
 
4. The agreed -upon transition period 
shall not exceed [10]EC years for developing 
countries and [20]EC years for 
least-developed countries. [NB: The US 
and Israel are questioning the need for 
this paragraph.]  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. In order  for a developing country Party 
to bring its measures into conformity with 
[Articles [..] of]CDA the Agreement, it may, 
with the agreement of the Parties, apply a 
specified implementation period, which shall 
be: 
 
(a) for a least -developed country 
Party, [three] years from the 
entry into force of the 
Agreement for that Party ; 
and 
 
(b) for any other developing 
country Party, the period 
necessary to adopt measures 
relating to [specific provisions 
of]SWI,US the Agreement,  
 
provided that the Party compl ies with 
Article  III [[ national treatment and ]EC 
non-discrimination ]. [NB: C anada 
suggests to delete this last part of the 
paragraph.]  
 
  
6. At the end of the transition period, 
provided for in paragraph  3, and the 
implementation period, provided for in 
paragraph  5, the developing country Party 
shall fully comply with the Agreement.  
  
7. Any developing country Party that has 
been permitted to retain a transitional 
measure under paragraph  3, or apply an 
implementation period under paragraph  5, 
shall list in an Annex to its Appendix  I: 
 
(a) the price preference 
programme or offset, 
including the schedule for 
phase -out of the measure;  
 
[(b) the schedule for the 
expansion of coverage;]SWI,US 
and 
 
(c) the implementation period [, 
and where applicable, spe cific 
procedural obligations and 
any interim measures that it 
will take with regard to those 
obligations].SWI,US 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
8. After the Agreement has entered into 
force for a developing country Party, the 
Committee, on request of the developing 
country Party[, and with a three -fourths 
majority vote,]EC,US,SWI may: 
(a) extend the transitional period 
for measures permitted under 
paragraphs  3 or 5 where a 
developing country Party 
demonstrates a need for an 
extension of the transitional 
measure ; or 
 
(b) approve the application of a 
new transitional measure in 
special circumstances 
unforeseen during the 
accession process, provided 
that the measure is 
consistent with paragraph  3. 
[NB: Hong Kong, China 
suggests to review this 
subparagraph in the light 
of the fin al version of 
paragraph  3.] 
 5. After entry into force of this 
Agreement, a developing country Party may 
modify its coverage lists in accordance with 
the provisions for modification of such lists 
contained in paragraph  6 of Article  XXIV, 
having regard to i ts development, financial 
and trade needs, or may request the 
Committee on Government Procurement 
(hereinafter referred to as "the 
Committee") to grant exclusions from the 
rules on national treatment for certain 
entities, products or services that are 
included in its coverage lists, having regard 
to the particular circumstances of each case 
and taking duly into account the provisions 
of subparagraphs  1(a) through 1(c) . After 
entry into force of this Agreement, a 
developing country Party may also request 
the Committee to grant exclusions for 
certain entities, products or services that 
are included in its coverage lists in the light 
of its participation in regional or global 
arrangements among developing countries, 
having regard to the particular 
circumstances  of each case and taking duly 
into account the provisions of 
subparagraph  1(d). Each request to the 
Committee by a developing country Party 
relating to modification of a list shall be 
accompanied by documentation relevant to 
the request or by such informat ion as may 
be necessary for consideration of the 
matter.  
 
6. Paragraphs 4 and 5 shall apply 
mutatis mutandis  to developing countries 
acceding to this Agreement after its entry 
into force.  
 
9. A Party benefiting from a transitional 
measure provided for under 
paragraphs  3 or 5 shall take such steps as 
may be necessary to ensure the fulfilment 
of all of its obligations at the end of the 
transitional period . The Party shall notify the 
Committee of such steps, including any 
special technical cooperation need s. 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. During a developing country's 
accession process or after the entry into 
force of this Agreement for that country, the 
Parties shall give due consideration to any 
request by such country for technical 
cooperation in relation to that country's 
implementation of this Agreement.  
 Technical Assistance for Developing 
Country Parties  
 
8. Each developed country Party shall, 
upon request, provide all technical 
assistance which it may deem appropriate 
to developing country Parties in resolving 
their problem s in the field of government 
procurement.  
 
9. This assistance, which shall be 
provided on the basis of non -discrimination 
among developing country Parties, shall 
relate, inter alia, to: 
 
 - the solution of particular 
technical problems    relating 
to the a ward of a specific contract;  
  and 
 
 - any other problem which the 
Party making the   request and 
another Party agree to deal with in  
 the context of this assistance.  
 
10. Technical assistance referred to in 
paragraphs  8 and 9 would include 
translation of qualification documentation 
and tenders made by suppliers of 
developing country Parties into an official 
language of the WTO designated by the 
entity, unless developed country Parties 
deem translation to be burdensome, and in 
that case expla nation shall be given to 
developing country Parties upon their 
request addressed either to the developed 
country Parties or to their entities.  
 
13. Each developed country Party shall, 
upon request, provide assistance which it 
may deem appropriate to potent ial 
tenderers in least -developed countries in 
submitting their tenders and selecting the 
products or services which are likely to be 
of interest to its entities as well as to 
suppliers in least -developed countries, and 
likewise assist them to comply with 
technical regulations and standards relating 
to products or services which are the 
subject of the intended procurement.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[11. Each [developed]JPN Party shall 
establish a contact point to respond to 
reasonable requests from a developing 
country Party for in formation related to the 
Party's efforts to fully benefit from its 
participation in the Agreement . Such 
information may include information 
relating to procurements plans, procedures 
or requirements with respect to 
procurement covered by the 
Agreement.]US,SWI,JPN,KOR 
 Information Centres  
 
11. Developed country Parties shall 
establish, individually or jointly, information 
centres to respond to reasonable requests 
from developing country Parties for 
information relating to, inter alia, laws, 
regulations, procedures and practices 
regarding governm ent procurement, 
notices about intended procurements which 
have been published, addresses of the 
entities covered by this Agreement, and the 
nature and volume of products or services 
procured or to be procured, including 
available information about future tenders . 
The Committee may also set up an 
information centre.  
 
12. The GPA Committee shall review the 
operation and effectiveness of this Article 
every five  years.  
 7. Such agreed exclusions as mentioned 
in paragraphs 4, 5 and 6 shall be subject to 
review in accordance with the provisions of 
paragraph  14 below.  
 
 
 
Review  
 
14. The Committee shall review annually 
the operation and effectiveness of this 
Article and, after each three years of its 
operation on the basis of reports to be 
submitted by Parti es, shall carry out a 
major review in order to evaluate its effects . 
As part of the three -yearly reviews and with 
a view to achieving the maximum 
implementation of the provisions of this 
Agreement, including in particular 
Article  III, and having regard to the 
development, financial and trade situation 
of the developing countries concerned, the 
Committee shall examine whether 
exclusions provided for in accordance with 
the provisions of paragraphs  4 through 6 of 
this Article shall be modified or extended.  
 
 
Article  XV 
Exceptions to the Agreement  
  
Article  XXIII 
Exceptions to the Agreement  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. Nothing in this Agreement shall be 
construed to prevent any Party from taking 
any action or not disclosing any information 
that it considers necessary for the 
protection of its essential security interests 
relating to the procurement of arms, 
ammunition or war materials, or to 
procurement indispensable for national 
security or for national defence purposes.  
 1. Nothing in this Agreement shall be 
construed to pre vent any Party from taking 
any action or not disclosing any information 
which it considers necessary for the 
protection of its essential security interests 
relating to the procurement of arms, 
ammunition or war materials, or to 
procurement indispensable fo r 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 where the same conditions 
prevail  or a disguised restriction on 
international trade, nothing in this 
Agreement shall be construed to prevent 
any Party from imposing or enforcing 
measures:  
 
(a) necessary to protect public 
morals, order or safety;  
 
(b) necessary to protect human, 
animal or plant life or 
health;  
 
(c) necessary to protect 
intellectual property ; or 
 
(d) relating to goods or services 
of handicapped persons, of 
philanthropic institutions or 
of prison labour.  
 2. Subject to the requirement that such 
measures are not applied in a manner which 
would constitute a means of arbitrary or 
unjustifiable discrimination between 
countries where the same conditions prevail 
or a disguised restriction on international 
trade, nothing in this Agreement shall be 
construed to prevent a ny Party from 
imposing or enforcing measures : necessary 
to protect public morals, order or safety, 
human, animal or plant life or health or 
intellectual property ; or relating to the 
products or services of handicapped 
persons, of philanthropic institutions  or of 
prison labour.  
[3. The Parties understand that 
paragraph  2(b) includes environmental 
measures necessary to protect human, 
animal or plant life or health]CDA,US [or 
natural resources].CT]US,CDA,CT [NB: Hong 
Kong, China ; Korea; the EC ; and Japan 
cons idered this paragraph not 
necessary, given paragraph  2(b).]  
  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. [Having regard to general policy 
considerations relating to tied aid, including 
the objective of developing countries with 
respect to untying of such aid, this 
Agreement does not apply to procurement 
made in furtherance of tied aid to 
developing countries so long as it is 
practised by Parties.]SWI,JPN [NB: Location 
needs to be reconsidered . Norway 
proposes to delete this paragraph.] 
[Market Access Issue ] 
 Notes  
 
Article  1, paragraph  1 
 
 Having regard to general 
policy considerations relating to tied aid, 
including the objective of developing 
countries with respect to the untying of 
such aid, this Agreement does not apply to 
procurement  made in furtherance of tied aid 
to developing countries so long as it is 
practised by Parties.  
 
 
Article  XVI 
Modifications and Rectifications to 
Coverage  
[NB: 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 . Switzerland, 
Singapore and Canada are still 
reviewing this Article.]  
  
 
[1. For purposes of this Article, where a 
procuring entity that is the subject of a 
proposed rectification, transfer, 
modification or withdrawal, pursuant to 
paragraph  2 or 3 of this Article is required to 
accord the treatment described in 
Articles  VII to X to goods, services or 
suppliers of another party, then the latter 
party shall be con sidered an 'affected 
party'.]US 
  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2]US [1.(a)]JPN,KOR [A Party shall notify 
the Committee of any]US 
Rectification[s]JPN,KOR, 
transfer[s]JPN,KOR of an entity 
from one Annex to another or, 
in exceptional cases, other 
modification[s]JPN,KOR 
[(hereinafter collectively 
referred to as 
"modification"]US [relating 
to]JPN,KOR [of]US 
Appendices  I through  IV 
[shall be notified to the 
Committee]JPN,KOR, alon g with 
information as to the likely 
consequences of the change 
for the mutually agreed 
coverage provided in this 
Agreement. [The Committee 
shall circulate the 
notification.]US If [no affected 
Party submits to the 
Committee an objection in 
writing to]US the [proposed]US 
[rectifications, transfers or 
other]JPN,KOR modification[s 
are of a purely formal or 
minor nature, they]JPN,KOR 
[within 30  days of circulation 
of the notification, the 
proposed modification]US shall 
become effective [provided 
there is no obje ction in 
writing, notified 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") within 30  days.]JPN,KOR 
[Where and affected Party 
submits an objection tha t the 
proposed modification is not 
of a purely formal or minor 
nature,]US [In other 
cases,]JPN,KOR the Chairman of 
the Committee shall promptly 
convene a meeting of the 
Committee . The Committee 
shall consider the proposal 
and any claim for 
compensatory adj ustments 
[made by any affected 
Party]JPN,KOR, with a view to Article XXIV  
6. Rectifications or Modifications  
(a) Rectifications, transfers of an 
entity from one Annex to 
another or, in exceptional 
cases, other modifications 
relating to Appendices I 
through IV shall be notified to 
the Committee, along with 
information as to the likely 
consequences of the change 
for the mutually agreed 
coverage provided in this 
Agreement . I f the 
rectifications, transfers or 
other modifications are of a 
purely formal or minor 
nature, they shall become 
effective provided there is no 
objection within 30 days . In 
other cases, the Chairman of 
the Committee shall 
promptly convene a meeting 
of the Committee . The 
Committee shall consider the 
proposal and any claim for 
compensatory adjustments, 
with a view to maintaining a 
balance of rights and 
obligations and a comparable 
level of mutually agreed 
coverage provided in this 
Agreement prior to such 
notification . In the event of 
agreement not being 
reached, the matter m ay be 
pursued in accordance with 
the provisions contained in 
Article XXII.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
maintaining a balance of 
rights and obligations and a 
comparable level of mutually 
agreed coverage provided in 
this Agreement prior to such 
notification . In the event of an 
agreement not being re ached , 
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 continues to oppose 
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]JPN,KOR [XVIII]US 
[or arbitration] within 
[120]KOR [210]  days from the 
date of circulation of the  
proposed modifications under 
subparagraph  (a), 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 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[3]US [2.]JPN,KOR (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 effectively eliminated 
[or that the entity concerned 
is engaged in the pro vision of 
goods or services in markets 
to which access is not 
restricted and are subject to 
genuine competition]EC, that 
Party [(referred to in this 
Article as the "modifying 
Party")]JPN,KOR shall notify the 
Committee. [The Committee 
shall circulate the no tification . 
If no affected Party submits to 
the Committee an objection in 
writing to the proposed 
withdrawal within 30  days of 
circulation of the notification, 
the proposed withdrawal]US 
[Such modification]JPN,KOR 
shall become effective the 
day after the e nd of the 
following meeting of the 
Committee, provided that the 
meeting is no sooner than 
30 days from the date of 
[circulation of the]US 
notification and no [affected 
Party submits a written]US 
objection [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 
[within 30  days of the 
circulation]US. [NB: T he 
United States propo ses the 
modifications noted in 
caps and strikeout to 
clarify the operation of the 
paragraph.]  
  (b) Where a Party 
wishes, in exercise of its 
rights, to withdraw an entity 
from Appendix I on the 
grounds that government 
control or influence over it 
has been effectively 
eliminated, that Party shall 
notify the Committee . Such 
modification shall become 
effective the day after the 
end of the following meeting 
of the Committee, provided 
that the meeting is no 
sooner than 30  days from 
the date of notification and 
no objection has been 
made….  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(b) The notification shall contain 
evidence that government 
control or influence over it has 
been effectively eliminated, 
including information [that 
addresses]US [on]JPN the 
following [factors]US 
[criteria]JPN,KOR: [NB: Hong 
Kong, China would  like to 
clarify whether 
consideration of a request 
to remove an entity from 
Appendix  I will be based 
on all the factors for which 
the information is required 
or whether such 
consideration can be 
based on the information 
provided for a single 
factor . HKC considers that 
the modifying Party does 
not need to provide in his 
notification of 
modifications information 
to address all the 
factors/criteria listed in 
this paragraph .] 
  
- [whether there is a 
legal nexus or 
relationship between 
the government and 
the entity;]US [NB: 
Hong Kong, China 
does not see a need 
for the above factor 
since the 
relationship and/or 
linkage between the 
entity and the 
government could 
be addressed in 
other factors.]  
 
- [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]JPN,KOR 
[and]US voting rights;  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
- [whether]US the 
government [does 
not]JPN,KOR appoint[s]US 
more than half of the 
membe rs 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  pre-cent 
of the entity's 
financing comes from 
the State or public 
bodie s]; 
 
- [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 
[NB: H ong Kong, 
China would like 
illustration of t his 
factor/criteria.]  
 
- [whether there are any 
personnel linkages 
between the entity and GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
the government;]US 
[NB: H ong Kong, 
China does not see a 
need for the above 
factor since the 
relationship and/or 
linkage between the 
entity and the 
government could 
be addressed in 
other factors.]  
 
- [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 [NB: Hong 
Kong, China would 
like illustration of 
the US bracket .] 
 
- [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 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
provision of goods or 
services on the 
market.]JPN [NB: 
Hong Kong, China 
would like 
illustration of the US 
bracket .] 
 
[(b)bis The market in which the 
entity operates is direct ly 
exposed to competition on 
markets to which access is 
not restricted, it being 
acknowledged that 
government control or 
influence over an entity 
through shareholding, 
participation on the 
management board, 
financing or any other means 
may be neutralized i nsofar as 
the entity's procurement is 
concerned where the entity is 
exposed to competition on 
markets to which access is 
not restricted.] [NB: The US 
does not support this 
paragraph.]  
  
(c) In the event of an objection  
notified, in writing, by any 
affected Party]JPN,KOR,US the 
modifying Party shall enter 
into consultations with such 
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 m odifications under 
subparagraph  (a)]JPN,KOR [, or 
within 90  days where the 
information provided with the 
notification pursuant to 
subparagraph  (b) is 
comprehensive],] the matter 
may be pursued [by such 
affected Party]JPN,KOR in 
accordance with the 
procedur es on consultations 
and dispute settlement 
contained in Article  XVIII [[or 
arbitration] by written 6. Rectifications or 
Modifications  
 
 (b) …In the event of an 
objection, the matter may be 
pursued in accordance with 
the procedures on 
consultations and dispute 
settlement contained in 
Article  XXII. In considering 
the proposed modification to 
Appendix I and any 
consequential compensatory 
adjustment, allowance shall 
be made for the 
market -opening effects o f 
the removal of government 
control or influence.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
request, including reasons 
why the affected Party 
objects to the proposed 
modification].JPN [In 
considering the proposed 
modification to Appendix  I 
and any c onsequential 
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 Party has 
requested the procedures 
contained in Article  XVIII [or 
arbitration] withi n [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 consultation 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 Government 
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 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XVII  
Challenge Procedures  
  
Article XX  
Challenge Procedures  
[Consultations between the Procuring Entity 
and Supplier  
 
1. In the event of a complaint by a 
supplier that there has been a breach of this 
Agreement arising in the context of a 
procurement covered by this Agreement 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 
consulta tions. 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,CDA,JPN the 
supplier's rights to seek corrective 
meas ures under the challenge system.  
 Consultations  
 
1. In the event of a complaint by a 
supplier that there has been a breach of this 
Agreement in the context of a procurement, 
each Party shall encourage the supplier to 
seek resolution of its complaint in 
consultation with the procuring entity . In 
such instances the procuring entity shall 
accord impartial and timely consideration to 
any such complaint, in a manner that is not 
prejudicial to obtaining corrective measures 
under the challenge system.  
 
Challenge  
 
2. Each Party shall provide timely, 
effective, transparent and 
non-discriminatory means for a supplier to 
challenge an alleged breach of this 
Agreement arising in the context of a 
procurement covered by this Agreement, in 
which it has, or has had, an inte rest[, 
without prejudice to the supplier's 
participation in ongoing or future 
procurements].US,CDA The procedural rules 
for all  challenges shall be in writing and 
made generally available.  
 Challenge  
 
2. Each Party shall provide 
non-discriminatory, timely, transparent and 
effective procedures enabling suppliers to 
challenge alleged breaches of the 
Agreement arising in the context of 
procurements in which they have, or have 
had, an interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them 
generally available.  
 
3. Each supplier shall be allowed a 
sufficient period of time to prepare and 
submit a challenge, which in no case shall 
be less than 10  days from the time when the 
basis of the complaint became know n or 
reasonably should have become known to 
the supplier. [NB: Hong Kong, China 
believes that the time -period allowed 
for submitting a bid challenge should 
be specified.]  
 5. The interested supplier may be 
required to initiate a challenge procedure 
and not ify the procuring entity within 
specified time -limits from the time when 
the basis of the complaint is known or 
reasonably should have been known, but in 
no case within a period of less than 10 days.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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,CDA 
impartial administrative or judicial authority 
that is independent of its procuring entities 
[to receive and review complaints of 
suppliers arising in the context of a 
procurement covered by this 
Agreement].US,CDA  
 
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.  
 6. Challenges shall be heard by a court 
or by an impartial and independent review 
body with no interest in the outcome of the 
procurement and the members of which are 
secure from external influence during the 
term of appointment...  
 
6. A review body that is not a court shall 
either be subject to judicial review or shall 
have procedures which provide that:  
 6. ... A review body which is not a court 
shall either be subject to judicial review or 
shall have procedures which provide that:  
 
(a) the procuring entity shall 
respond in writing to the 
complaint and disclose all 
relevant documents to the 
review body;  
  (g) documents are 
disclosed to the review body.  
 
 (e) opinions or decisions 
are given in writing with a 
statement describing the 
basis for the opinions or 
decisions;  
 
(b) the participants to the 
proceedings shall have the 
right to be heard prior to a 
decision of the review body 
being made on the complaint;  
  (a) participants can be 
heard before an opinion is 
given or a decision is 
reached;  
 
(c) the participants to the 
proceedings shall have the 
right to be represented and 
accompanied;  
  (b) participants can be 
represented and 
accompanied;  
 
(d) the participants to the 
proceedings shall have access 
to all proceedings[, subject to 
Article  XIII (Non-Disclosure 
of Information)]US; 
  (c) participants shall 
have access to all 
proceedings;  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(e) the participants to the 
proceedings shall have the 
right to request that the 
proceedings take place in 
public[, subject to 
Article  XIII (Non-Disclosure 
of Information),]US and that 
witnesses may be presented ; 
and 
  (d) proceedings can take 
place in public;  
 
(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[ir]CDA 
basis[.]CDA [for each decision 
or recommendation].  
  (f) witnesses can be presented;  
 
7. [Each Party shall adopt or maintain 
procedures that]US,CDA [Challenge 
procedures shall]EC provide for:  
 7. Challenge procedures shall provide 
for: 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) rapid interim measures[, 
pending the resolution of a 
complaint,]US,CDA [to correct 
breaches of the Agreement 
and] to preserve the 
supplier's opportunity to 
participate in the 
procurement . Such interim 
measures may result in 
suspension of  the 
procurement process[.]EC [, 
including contract award or 
the performance of a contract 
that has already been 
awarded.]US,CDA 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 ; [NB: The 
United States proposes 
deletion of "to correct 
breaches of the 
Agreement and since su ch 
actions would be taken 
only in the final action of 
the Court.]  
  (a) rapid interim 
measures to correct breaches 
of the Agreement and to 
preserve commercial 
opportunities . Such action 
may result in suspension of 
the procurement process . 
However, procedures may 
provide that overriding 
adverse consequences for 
the interests concerned, 
including the public interest, 
may be taken into account in 
deciding whether such 
measures should be applied . 
In such circumstances, just 
cause for not acting shall be  
provided in writing;  
 
  (b) an assessment and a 
possibility for a decision on 
the justification of the 
challenge;  
 
(b) 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 tender or 
[complaint]US [challenge]EC [; 
and 
  (c) correction of the 
breach of the Agreement or 
compensation for the loss or 
damages suffered, which 
may be limited to costs for 
tender preparation or 
protest.  
 
(c) protection of the 
confidentiality of information 
subject to Article  XIII:1]EC 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 8. With a view to the preservation of the 
commercial and other interests involved, 
the challenge procedure shall normally be 
completed in a timely fashion.  
 
 
Article  XVIII  
Consultations and Dispute Settlement  
  
Article XXII  
Consultations and Dispute Settlement  
 
1. [The provisions of the Understanding 
on Rules and Procedures Governing the 
Settlement of Disputes under the WTO 
Agreement (hereinafter referred to as the 
"Dispute Settlement Understanding") [shall 
be applicable] [apply]CDA except as 
otherwise provided below.]CDA,EC,JPN,NOR [The 
provisions of 
Article  XXII and XXIII of GATT[, except 
Article  XXIII:1(c),]US as elaborated and 
applied by the Understanding on Rule s and 
Procedures Governing the Settlement of 
Disputes under the WTO Agreement 
(Dispute Settlement Understanding) [shall] 
apply to consultations and the settlement of 
disputes under this Agreement, except as 
otherwise specifically provided herein.]US,SWI 
 1. The provisions of the Understanding 
on Rules and Procedures Governing the 
Settlement of Disputes under the WTO 
Agreement (hereinafter referred to as the 
"Dispute Settlement Understanding") shall 
be applicable except as otherwise 
specifically provided bel ow. 
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2. Where any Party considers that any 
benefit accruing to it, directly or indirectly, 
under this Agreement is being nullified or 
impaired, or that the attainment of any 
objective of this Agreement is being 
impeded as the result of the failure of 
another Party or Parties to carry out its [or 
their]CT obligations under this Agreement, 
[or the application by 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 
reach ing a mutually satisfactory resolution 
of the matter, [request consultations.]EC,CDA 
[make written representations or proposals 
to the other Party or Parties which it 
considers to be concerned . Such action 
[must]CDA [shall] be promptly notified to the 
Dispute Settlement Body established under 
the Dispute Settlement Understanding 
(hereinafter referred to as "DSB"), as 
specified below . Any Party thus approached 
shall give sympathetic consideration to the 
representations or proposals made to 
it.]KOR,CDA,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 and the Dispute 
Settlement Body (DSB), within 10  days 
after the date of the c irculation of the 
request for consultations under this 
paragraph, of its desire to be joined in such 
consultations.]EC,JPN [NB: Japan and the 
EC indicated that further thinking 
should be devoted to avoiding that 
third Parties be entitled to join 
consultations in the context of disputes 
related not only to the GPA but also to 
other WTO Agreements . J apan 
indicated that the DSU renegotiations 
still need to address the whether the 
standard should be "substantial trade 
interest".]  
 2. If any Party cons iders that any benefit 
accruing to it, directly or indirectly, under 
this Agreement is being nullified or 
impaired, or that the attainment of any 
objective of this Agreement is being 
impeded as the result of the failure of 
another Party or Parties to carry  out its 
obligations under this Agreement, or the 
application by another Party or Parties of 
any measure, whether or not it conflicts 
with the provisions of this Agreement, it 
may with a view to reaching a mutually 
satisfactory resolution of the matter, ma ke 
written representations or proposals to the 
other Party or Parties which it considers to 
be concerned . Such action shall be promptly 
notified to the Dispute Settlement Body 
established under the Dispute Settlement 
Understanding (hereinafter referred to as 
"DSB"), as specified below . Any Party thus 
approached shall give sympathetic 
consideration to the representations or 
proposals made to it.  
 
[2bis. Where the dispute concerns the 
award of a specific procurement, 
paragraphs  8 and 9 of Article  4 of the 
Dispute Settlement Understanding (DSU) 
may be invoked by the complaining Party.]EC 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Where a dispute exclusively concerns 
provisions of this Agreement, only Parties to 
this Agreement [shall] [may]CDA participate 
in decisions or actions taken by the DSB  
under this Agreement.  
 3. The DSB shall have the authority to 
establish panels, adopt panel and Appellate 
Body reports, make recommendations or 
give rulings on the matter, maintain 
surveillance of implementation of rulings 
and recommendations, and authori ze 
suspension of concessions and other 
obligations under this Agreement or 
consultations regarding remedies when 
withdrawal of measures found to be in 
contravention of the Agreement is not 
possible, provided that only Members of the 
WTO Party to this Agree ment shall 
participate in decisions or actions taken by 
the DSB with respect to disputes under this 
Agreement.  
 
4. [In the case of a dispute in which 
provisions both of this Agreement and of 
one or more other Agreements listed in 
Appendix  1 of the Dispute Settlement 
Understanding are invoked by one of the 
parties to the dispute, [paragraph  3 [shall 
apply] [applies]CDA only to those parts of the 
panel report concerning the interpretation 
and application of this Agreement]KOR,JPN,CT 
[only Members of t he WTO that are Party to 
this Agreement [shall] [may]CDA participate 
in decisions or actions taken by the Dispute 
Settlement Body with respect to those parts 
of the dispute concerning this 
Agreement].US,CDA]KOR,JPN,CT,US,SWI,CDA [A 
Member of the WTO may se ek to join in 
consultations pertaining to this Agreement, 
pursuant to Article  4.11 of the DSU, only if 
that Member is also a Party to this 
Agreement.]US 
 4.  Panels shall have the following terms of 
reference unless the parties to the dispute 
agree otherwi se within 20 days of the 
establishment of the panel:  
 
"To examine, in the light of the relevant 
provisions of this Agreement and of 
(name of any other covered Agreement 
cited by the parties to the dispute), the 
matter referred to the DSB by (name of 
party)  in document ... and to make such 
findings as will assist the DSB in making 
the recommendations or in giving the 
rulings provided for in this Agreement."  
 
In the case of a dispute in which provisions 
both of this Agreement and of one or more 
other Agreemen ts listed in Appendix  1 of 
the Dispute Settlement Understanding are 
invoked by one of the parties to the dispute, 
paragraph 3 shall apply only to those parts 
of the panel report concerning the 
interpretation and application of this 
Agreement.  
 
[5. [Each p]CDA[P]anel[s] established by 
the DSB to examine disputes under this 
Agreement [must]CDA [shall] include 
persons qualified in the area of government 
procurement.]US,KOR,JPN,CT,SWI,CDA 
 5. Panels established by the DSB to 
examine disputes under this Agreement 
should include persons qualified in the area 
of government procurement.  
 
[5bis. [Each p]CDA[P]anel[s] [must]CDA 
[shall] adopt appropriate procedures to 
protect confidentiality of information subject 
to Article  XIII:1.]EC 
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. [Every effort shall be made to 
accelerate the proceedings to the greatest 
extent possible.]KOR,JPN,CT,US 
[Notwithstanding the provisions of 
paragraphs  8 and 9 of Article  12 of the 
Dispute Settlement Understanding, the 
panel shall attempt]CDA,JPN,CT [Where the 
dispute concerns the award of a specific 
procurement the panel shall aim,]EC,SWI to 
provide its final report to the partie s to the 
dispute not later than [three months]EC [four 
months, and in case of delay not later than 
seven months,]CDA,JPN,CT, after the date on 
which the composition and terms of 
reference of the panel are agreed . 
Consequently, every effort shall be made to  
reduce also the periods foreseen in 
paragraph  1 of Article  20 and paragraph  4 
of Article  21 of the Dispute Settlement 
Understanding by 
[two]CDA,JPN,CT [three]EC months . 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,JPN,CT 
 6. Every effort shall be made 
to a ccelerate the proceedings to the 
greatest extent possible . Notwithstanding 
the provisions of paragraphs 8 and 9 of 
Article 12 of the Dispute Settlement 
Understanding, the panel shall attempt to 
provide its final report to the parties to the 
dispute not lat er than four months, and in 
case of delay not later than seven months, 
after the date on which the composition and 
terms of reference of the panel are agreed . 
Consequently, every effort shall be made to 
reduce also the periods foreseen in 
paragraph 1 of Ar ticle 20 and paragraph 4 
of Article 21 of the Dispute Settlement 
Understanding by two months . Moreover, 
notwithstanding the provisions of 
paragraph 5 of Article 21 of the Dispute 
Settlement Understanding, the panel shall 
attempt to issue its decision, in c ase of a 
disagreement as to the existence or 
consistency with a covered Agreement of 
measures taken to comply with the 
recommendations and rulings, within 60 
days.  
  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[6bis. (a) In the 
communication referred to in 
Article  [21.3] of the DSU, the 
Party concerned shall inform 
the DSB whether it is possible 
to bring the measures found 
to be inconsistent with this 
Agreement into conformity 
with the Agreement . If the 
Party concerned indicates 
that it is not  possible to bring 
the measures found to be 
inconsistent with this 
Agreement into conformity 
with the Agreement, that 
Party shall, immediately after 
having made that 
communication, enter into 
consultations with a view to 
developing mutually 
acceptable comp ensation.  
 
(b) Any Party which has entered 
into such consultations, may 
at any time request an 
arbitration to determine the 
level of nullification or 
impairment that was caused 
by the measure found to be 
inconsistent with this 
Agreement.  
 
(c) Unless a requ est for 
arbitration has been made, 
the Party concerned shall, 
within 30  days from the 
request for consultations, 
submit to all Parties who have 
entered into such 
consultations, a proposal for 
mutually acceptable 
compensation.  
 
(d) When an arbitration has b een 
requested, the Party 
concerned shall submit such a 
proposal within 30  days of the 
award of the arbitrator . Any 
such proposal shall be 
consistent with the award of 
the arbitrator.  
 
(e) Such arbitration shall be 
carried out by the original  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
panel, if memb ers are 
available, or by an arbitrator, 
which term shall be 
interpreted as referring to an 
individual or a group, 
appointed by the 
Director -General and shall be 
completed within 60  days 
after the request for 
arbitration.  
 
(f) If no proposal for 
compensatio n 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 later 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 
concerned 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 
Understanding, any dispute arising under 
any Agreement listed in Appendix  1 to th e 
Dispute Settlement Understanding other 
than this Agreement shall not result in the 
suspension of concessions or other 
obligations under this Agreement, and any 
dispute arising under this Agreement shall 
not result in the suspension of concessions 
or othe r obligations under any other 
Agreement listed in the said 
Appendix  1.]CDA,KOR,JPN,US,CT,ISR 
 7. Notwithstanding paragraph 2 of 
Article 22 of the Dispute Settlement 
Understanding, any dispute arising under 
any Agreement listed in Appendix 1 to the 
Dispute Settlement Understanding other 
than this Agreement shall not result in the 
suspension of concessions or other 
obligations under this Agreement, and any 
dispute arising under this Agreement shall 
not result in the suspension of concessions 
or other obligati ons under any other 
Agreement listed in the said Appendix 1.  
 GPA/TN1994/4/Rev.1  
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Article  XIX 
Institutions  
  
Article XXI  
Institutions  
Committee on Government Procurement  
  
1. A Committee on Government 
Procurement composed of representatives 
from each of the Parties shall be 
established . This Committee shall elect its 
own Chairman and shall meet as necessary, 
but not less than once  a year, for the 
purpose of affording Parties the opportunity 
to consult on any matters relating to the 
operation of this Agreement or the 
furtherance of its objectives, and to carry 
out such other responsibilities as may be 
assigned to it by the Parties.  
 1. A Committee on Government 
Procurement composed of representatives 
from each of the Parties shall be established . 
This Committee shall e lect its own Chairman 
and Vice -Chairman and shall meet as 
necessary but not less than once a year for 
the purpose of affording Parties the 
opportunity to consult on any matters 
relating to the operation of this Agreement 
or the furtherance of its objective s, and to 
carry out such other responsibilities as may 
be assigned to it by the Parties.  
2. The Committee may establish working 
parties or other subsidiary bodies that shall 
carry out such functions as may be given to 
them by the Committee.  
 2. The Commit tee may establish working 
parties or other subsidiary bodies which shall 
carry out such functions as may be given to 
them by the Committee.  
  GPA/TN1994/4/Rev.1  
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Observers  
  
 Article  XVII 
Transparency  
 
1. Each Party shall encourage entities to 
indicate the terms and conditions, including 
any deviations from competitive tendering 
procedures or access to challenge 
procedures, under which tenders will be 
entertained from suppliers situated in 
countries not Parties to this Agre ement but 
which, with a view to creating transparency 
in their own contract awards, nevertheless:  
 
(a) specify their contracts in 
accordance with Article  VI 
(technical specifications);  
 
(b) publish the procurement 
notices referred to in 
Article  IX, including, in the 
version of the notice referred 
to in paragraph  8 of 
Article  IX (summary of the 
notice of intended 
procurement) which is 
published in an official 
language of the WTO, an 
indication of the terms and 
conditions under which 
tender s shall be entertained 
from suppliers situated in 
countries Parties to this 
Agreement;  
 
(c) are willing to ensure that 
their procurement 
regulations shall not 
normally change during a 
procurement and, in the 
event that such change 
proves unavoidable, to 
ensure the availability of a 
satisfactory means of 
redress.  
 GPA/TN1994/4/Rev.1  
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3. Any WTO Member that is not a Party 
to this Agreement shall be entitled to 
participate in the Committee as an observer 
upon submission of a written notice to the 
Secretariat . Any WTO observer may submit 
a written request to the Secretariat to 
participate in the Committee as an observer, 
and may be accorded observer status by the 
Committee.  
 2. Governments not Parties to the 
Agreement which comply with the 
conditions specified in paragraphs 1(a) 
through 1(c), shall be entitled if they so 
inform the Parties to participate in the 
Committee as observers.  
 
  GPA/TN1994/4/Rev.1  
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Article  XX 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter 
force on  [] for those WTO Members whose 
agreed coverage is set out in 
Annexes  1 through  5 of Appendix  I, and 
which have, by signature, accepted this 
Agreement on  [], or have, by or on that 
date, signed the Ag reement subject to 
ratification and have subsequently ratified 
the Agreement before  []. 
 1. Acceptance and Entry into Force  
 
This Agreement shall enter into force on 
1 January  1996 for those governments8 
whose agreed coverage is contained in 
Annexes 1 thro ugh 5 of Appendix I of this 
Agreement and which have, by signature, 
accepted the Agreement on 15  April 1994 or 
have, by that date, signed the Agreement 
subject to ratification and subsequently 
ratified the Agreement before 
1 January  1996.  
 
Footnote  
8. For the purpose of this Agreement, 
the term "government" is deemed to 
include the competent authorities of the 
European Communities.  
 
Transitional Arrangements  
 3. Transitional Arrangements  GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
  (a) Hong Kong and 
Korea may delay application 
of the provision s of this 
Agreement, except 
Articles  XXI and  XXII, to a 
date not later than 
1 January  1997. T he 
commencement date of their 
application of the provisions, 
if prior to 1  January  1997, 
shall be notified to the 
Director -General of the 
WTO 30 days in advance.  
 
 (b) During the period 
between the date of entry into 
force of this Agreement and 
the date of its application by 
Hong Kong, the rights and 
obligations between Hong 
Kong and all other Parties to 
this Agreement which were 
on 15  April 1994 Parties to 
the Agre ement on 
Government Procurement 
done at Geneva on 
12 April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be 
governed by the substantive 
provisions of the 1988 
Agreement, including its 
Annexes as modified or 
rectified, which provisions are  
incorporated herein by 
reference for that purpose 
and shall remain in force until 
31 December  1996.  
 
Footnote  
9. All provisions of the 1988 
Agreement except the Preamble, Article  VII 
and Article  IX other than paragraphs 5(a) 
and (b) and paragraph 10.  
 
2. Between the Parties to this 
Agreement that are also Parties to the 
Agreement on Government Procurement 
dated 15  April 1994 ("1994  Agreement"), 
the 1994  Agreement shall cease to apply 
When all Parties to the 1994  Agreement 
have accepted this Agreement, the  
1994 Agreement shall be terminated.  
 3. (c) Between Parties to 
this Agreement which are also 
Parties to the 1988 
Agreement, the rights and 
obligations of this Agreement 
shall supersede those under 
the 1988 Agreement.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 (d) Article  XXII shall not enter 
into force until the date of 
entry into force of the WTO 
Agreement . Until such time, 
the provisions of Article  VII 
of the 1988 Agreement shall 
apply to consultations and 
dispute settlement under this 
Agreement, which provisions 
are hereby incorporate d in 
the Agreement by reference 
for that purpose . These 
provisions shall be applied 
under the auspices of the 
Committee under this 
Agreement.  
 
(e) Prior to the date of entry into 
force of the WTO Agreement, 
references to WTO bodies 
shall be construed as 
referring to the 
corresponding GATT body 
and references to the 
Director -General of the WTO 
and to the WTO Secretariat 
shall be construed as 
references to, respectively, 
the Director -General to the 
CONTRACTING PARTIES to 
GATT  1947 and to the GA TT 
Secretariat.  
Accession  
 2. Accession  
3. Any Member of the WTO that 
is not a Party to this Agreement may accede 
to this Agreement on terms to be agreed 
between that Member and the Parties . 
Accession shall take place by deposit with 
the Director -General  of the WTO of an 
instrument of accession that states the 
terms so agreed . This Agreement shall enter 
into force for an acceding Member on the 
30th day following the date of its accession 
to this Agreement.  
 Any government which is a Member of the 
WTO, or prior to the date of entry into force 
of the WTO Agreement which is a contracting 
party to GATT  1947, and which is not a Party 
to this Agreement may accede to this 
Agreement on terms to be agreed between 
that government and the Parties . Accession 
shall take place by deposit with the 
Director -General of the WTO of an 
instrument of accession which states the 
terms so agreed . The Agreement shall enter 
into force for an acceding government on the 
30th day following the date of its accession to  
the Agreement.  
 
Reservations  
 
4. No Party may enter any reservation in 
respect of any provisions of this Agreement.  
 4. Reservations  
 
Reservations may not be entered in respect 
of any of the provisions of this Agreement.  GPA/TN1994/4/Rev.1  
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National Legislation  
 
5. Each Party shall ensure, not later than 
the date of entry into force of this 
Agreement for it, the conformity of its laws, 
regulations and administrative procedures, 
and the rules, procedures and practices 
applied by its procuring entities, with the 
provis ions of this Agreement.  
 5. National  Legislation  
 
 (a) Each government 
accepting or acceding to this 
Agreement shall ensure, not 
later than the date of entry 
into force of this Agreement 
for it, the conformity of its 
laws, regulations and 
administrative procedures, 
and the rules, procedures and 
practices applied by the 
entities contained in its lists 
annexed hereto, with the 
provisions of this Agreement.  
 
6. Each Party shall inform the Committee 
of any changes in its laws and regulations 
relevant to this Agreement and in the 
administration of such laws and regulations.  
  (b) Each Party shall 
inform the Committee of any 
changes in its laws and 
regulations relevant to this 
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.  
 
 
 7. Reviews, Negotiations  and 
Future Work  
 
 (a) The Committee shall 
review annually the 
implementation and 
operation of this Agreement 
taking into account the 
objectives thereof . T he 
Committee shall annually 
inform the General Council of 
the WTO of developments 
during the periods covered by 
such reviews.  
 GPA/TN1994/4/Rev.1  
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[7bis. Not later than the end of the 
third year from the date of entry into force 
of this Agreement, and periodically 
thereafter, the Parties thereto shall 
undertake further negotiations, with a view 
to improving this Agreement [and achieving 
the greatest possible extension of its 
coverage among all Parties]EC [without 
prejudice to the needs of developing 
countries]ISR.]EC,ISR [NB: H ong Kong, 
China suggested deleting "and 
achieving the greatest possible 
extension of its coverage among all 
Parties", since "w ith a view to 
improving this Agreement" is already 
general and fine .] (b) Not later than the end of the 
third year from the date of 
entry into force of this 
Agreement and periodically 
thereafter, the Parties 
thereto shall undertake 
further negotiations, wi th a 
view to improving this 
Agreement and achieving the 
greatest possible extension 
of its coverage among all 
Parties on the basis of 
mutual reciprocity, having 
regard to the provisions of 
Article  V relating to 
developing countries.  
 
Article V  
15. In the c ourse of further rounds of 
negotiations in accordance with the 
provisions of paragraph  7 of Article  XXIV, 
each developing country Party shall give 
consideration to the possibility of enlarging 
its coverage lists, having regard to its 
economic, financial an d trade situation.  
 
[8. The Parties shall seek to avoid 
introducing or continuing discriminatory 
measures and practices that distort open 
procurement and shall, in the context of 
negotiations, seek to eliminate those which 
remain on the date of entry into  force of this 
Agreement.]HKC [Market Access Issue ] 
 Article XXIV  
7. (c) Parties shall seek to 
avoid introducing or 
prolonging discriminatory 
measures and practices which 
distort open procurement and 
shall, in the context of 
negotiations under 
subparagraph (b), seek to 
eliminate those which remain 
on the date of entry into force 
of this Agreement.  
 
9. Following the conclusion of the work 
programme for the harmonization of rules of 
origin for goods being undertaken under the 
Agreement on Rules of Origin in Annex  1A 
of the Agreement Establishing the World 
Trade Organization and negotiations 
regarding trad e in services, the Parties shall 
take the results of that work programme 
and those negotiations into account in 
amending Article  [] as appropriate. [NB. 
Switzerland considers the reference to 
rules of origin to be redundant.]  
 Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules 
of origin for goods to be undertaken under 
the Agreement on Rules of Origin in Annex 
1A of the Agreement Establishing the World 
Trade Organization (hereinafter referred to 
as "WT O Agreement") and negotiations 
regarding trade in services, Parties shall 
take the results of that work programme 
and those negotiations into account in 
amending paragraph  1 as appropriate.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[9bis Not later than the end of the third year 
from the date of entry into force of this 
Agreement, the Committee shall undertake 
further work to establish a common 
nomenclature for describing the subject of 
procurement notices and common 
standardized notices in view of improving 
the effectiveness of cross border 
procu rement and simplifying the description 
and content of such notices.]EC 
  
Amendments  
 
10. The Parties may amend this 
Agreement having regard, inter alia , to the 
experience gained in its implementation . 
Such an amendment, once the Parties have 
concurred in accordance with the 
procedures established by the Committee, 
shall [not enter into force for any Party until 
it has been accepted by such Party]HKC [take 
effect for the Parties that have accepted 
them upon acceptance by two thirds of the 
Parties and thereafter for each other Party 
upon acceptance by it].EC,JPN [NB: Hong 
Kong, China is checking whether it can 
withdraw its proposal.]  
 Article XXIV  
9. Amendments  
 
 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.  
Withdrawal  
 
11. Any Party may withdraw from this 
Agreement . The withdrawal shall take effect 
upon the expiration of 60  days from the 
date the Director -General of the WTO 
receives written notice of the withdrawal . 
Any Party may upon such notification 
request an immediate meeting of the 
Committee.  
 10. Withdrawal  
 
 (a) Any Party may 
withdraw from this 
Agreement . The withdrawal 
shall take effect upon the 
expiration of 60 days from 
the date on which written 
notice of withdrawal is 
received by the 
Director -General of the WTO . 
Any Party may u pon such 
notification request an 
immediate meeting of the 
Committee.  
 GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
12. If a Party to this Agreement ceases to 
be a Member of the WTO, it shall cease to 
be a Party to this Agreement with effect 
from the same date.  
  (b) If a Party to this 
Agreement does not become 
a Member of the WTO within 
one year of the date of entry 
into force of the WTO 
Agreement or ceases to be a 
Member of the WTO, it shall 
cease to be a Party to this 
Agreement with effect from 
the same date.  
 
Non-application of this  Agreement between 
Particular Parties  
 
13. This Agreement shall not apply as 
between any two Parties if either Party, at 
the time it accepts or accedes to this 
Agreement, does not consent to such 
application.  
 11. Non-application of this Agreement 
between Particular Parties  
 
 This Agreement shall not 
apply as between any two Parties if either of 
the Parties, at the time either accepts or 
accedes to this Agreement, does not consent 
to such application.  
 
Appendices  
 
14. The Appendices to this Agreement 
constitute an integral part thereof.  
 12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and 
Annexes to this Agreement constitute an 
integral part thereof.  
Secretariat  
 
15. This Agreement shall be serviced by 
the WTO Secretariat.  
 13. Secretariat  
 
 This Agreement shall be 
serviced by the WTO Secretariat.  
Deposit  
 
16. This Agreement shall be deposited 
with the Director -General of the WTO, who 
shall promptly furnish to each Party a 
certified true copy of this Agreement, of 
each rectification or modification thereto 
pursuant to paragraph  [] and of each 
amendment thereto pursuant to 
paragraph  10, and a notification of each 
accession thereto pursuant to paragraph  3 
and of each withdrawal therefrom pursuant 
to para graph  11. 
 14. Deposit  
 
 This Agreement shall be deposited with 
the Director -General of the WTO, who shall 
promptly furnish to each Party a certified 
true copy of this Agreement, of each 
rectification or modification thereto pursuant 
to paragraph  6 and of each amendment 
thereto pursuant to paragraph  9, and a 
notification of each acceptance thereof or 
accession thereto pursuant to paragraphs  1 
and 2 and of each withdrawal therefrom 
pursuant to paragraph  10 of this Article.  
 
Registration  
 
17. This Agreement shall be registered in 
accordance with the provisions of 
Article  102 of the Charter of the United 
Nations.  
 15. Registration  
 
 This Agreement shall be 
registered in accordance with the provisions 
of Article 102 of the Charter of the United 
Nation s. GPA/TN1994/4/Rev.1  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Done at [] this  [] day of [] in a single copy 
in the English, French and Spanish 
languages, each text being authentic, 
except as otherwise specified with respect 
to the Appendices hereto.  Done at Marrakesh this fifteenth day of April 
one thousand nine  hundred and ninety -four 
in a single copy, in the English, French and 
Spanish languages, each text being 
authentic, except as otherwise specified with 
respect to the Appendices hereto.  
 GPA/TN1994/4/Rev.1  
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  TABLE LISTING THE PROVISIONS IN THE  1994  AGREEMENT WITH  
THE CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT  
 
 
PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
Preamble  Preamble  
first line ("Parties to this Agreement...")  first line ("Parties to this Agreement...")  
recital 1 ("Recognizing...")  recital 1 ("Recognizing...")  
recital 2 ("Recognizing...")  recital 2 ("Recognizing...")  
recital 3 ("Recognizing...")  recital 6 ("Recognizing...")  
recital 4 ("Recognizing...")   
recital 5 ("Recognizing...")  recital 5 ("Recognizing...")  
recital 6 ("Desiring...")   
recital 7 ("Desiring...")  recital 7 ("Desiring...")  
penultimate line ("Having undertaken...")  penultimate line ("Having undertaken...")  
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
footnote 1, entire  Article II:3  
footnote 1, second sentence ("Relevant 
thresholds...")  Article II:2 bis 
paragraph 2  Article II:2 (e)  
paragraph 3  Article II:5  
paragraph 4  Article II:2(b)  
Article II:2 bis 
Article II  
Valuation of Contracts   
paragraph 1  Article II:6 chapeau  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
footnote 2  Article II:2(b)  
Article II:2 bis 
Article II:6 chapeau  
paragraph 2  Article II:6(b)  
paragraph 3  Article II:6(a)  
paragraph 4  Article II:7  
paragraph 5  Article II:6(b)  
Article II:6(c)  
Article II:8  
paragraph 6  Article II:6(b)  
Article III  
National Treatment and 
Non-discrimination   
paragraph 1  Article III:1  
paragraph 2  Article III:2  
paragraph 3  Article III:6  
Article IV  
Rules of Origin   
paragraph 1  Article III:4  
paragraph 2  Article XX:9  
Article V  
Special and Differential Treatment for 
Developing Countries   
paragraph 1 chapeau  Article XIV:1  
subparagraph 1(a)   
subparagraph 1(b)  Article XIV:1, proposal by Israel ("bearing 
in mind...")  
subparagraph 1(c)  Article XIV:1, proposal by Israel ("bearing 
in mind...")  
subparagraph 1(d)   GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 2  Article XIV:2  
paragraph 3, first sentence ("With a 
view...")  Article XIV:3(d)  
paragraph 3, second sentence ("Developed 
countries...")  Article XIV:2  
paragraph 4  Article XIV:3(a)  
paragraph 5  Article XIV:8  
paragraph 6  Article XIV:8  
paragraph 7  Article XIV:12  
paragraph 8  Article XIV:10  
paragraph 9  Article XIV:10  
paragraph 10  Article XIV:10  
paragraph 11  Article XIV:11  
paragraph 12  Article XIV:2  
paragraph 13  Article XIV:10  
paragraph 14  Article XIV:12  
paragraph 15  Article XX:7 bis 
Article VI  
Technical Specifications   
paragraph 1  Article I, definition of technical 
specifications  
Article VII:4  
paragraph 2 chapeau  Article VII:5 chapeau  
subparagraph 2(a)  Article VII:5(a)  
subparagraph 2(b)  Article VII:5(b)  
footnote 3  Article I, definition of technical regulation  
footnote 4  Article I, definition of standard  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 3  Article VII:6  
paragraph 4  Article VII:7  
Article VII  
Tendering Procedures   
paragraph 1  Article II:4  
Article III:1  
Article III:3  
paragraph 2  Article XIII:1  
paragraph 3 chapeau  Article I, definitions of limited, open and 
selective tendering  
Article X:1  
subparagraph 3(a)  Article I, definition of open tendering  
subparagraph 3(b)  Article I, definition of selective tendering  
subparagraph 3(c)  Article I, definition of limited tendering  
Article X:1  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:1  
paragraph (a)   
paragraph (b), first sentence  Article VIII:1  
paragraph (b), second sentence  Article VIII:2  
Article VIII:2 bis 
paragraph (c), first sentence  Article VIII:[3][8]CDA,JPN 
Article VIII:7  
paragraph (c), second sentence  Article I, definition of qualified supplier  
Article VIII:[3][8]CDA,JPN 
paragraph (c), third sentence  Article VIII:[10][9]CDA[12]EC(c) 
Article VIII:[3][8]CDA,JPN 
Article VIII:6  
Article VIII:8  
paragraph (d)  Article VIII:[7][5]CDA,JPN,US[10]EC GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph (e)  Article VIII:[10][9]CDA[12]EC(c) 
paragraph (f), entire  
 
paragraph (f), second sentence  Article VIII:14  
Article VIII:11  
Article VIII:[12][10]CDA,JPN,US  
Article VIII:[13][11]CDA,JPN,US 
Article VIII:[4]CDA,US,JPN[8]EC(d) 
paragraph (g)  Article VIII:[13]EC,SWI 
paragraph (h)  Article VIII:3  
Article IX  
Invitation to Participate Regarding 
Entended Procurement   
paragraph 1  Article V:1  
paragraph 2  Article V:1  
paragraph 3  Article V:5  
Article VIII:[10][9]CDA[12]EC chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII:4  
Article VIII:[10][9]CDA[12]EC(a) and (b)  
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a), first clause ("the 
nature and quantity")  Article V:2(b) chapeau  
subparagraph 6(a), second clause 
("including... exercised")  Article V:2(b), second tiret  
subparagraph 6(a), third clause ("in the 
case... procured")  Article V:2(b), third tiret  
subparagraph 6(b)  Article V:2(d)  
subparagraph 6(c)  Article V:2(c)  
subparagraph 6(d)  Article V:2(e)  
Article V:2(f)  
subparagraph 6(e)  Article V:2(a)  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
subparagraph 6(f)  Article V:2(g)  
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)  Article V:2(b), first tiret  
paragraph 7  Article V:4  
paragraph 8, entire  
paragraph 8 chapeau  
subparagraph 8(a)  
subparagraph 8(b)  
subparagraph 8(c)  Article V:3  
Article V:5(a) chapeau  
Article V:5(a)  
Article V:5(b)  
Article V:5(c)  
paragraph 9 chapeau  Article VIII:[4]CDA,US,JPN[8]EC chapeau  
subparagraph 9(a)  Article VIII:[4]CDA,US,JPN[8]EC(a) 
subparagraph 9(b)  Article VIII:4]CDA,US,JPN[8]EC(b) 
subparagraph 9(c)  Article VIII:[4]CDA,US,JPN[8]EC(d) 
subparagraphs 9(d) -(e) and their chapeau 
("When such a notice...")  Article VIII:[10][9]CDA[12]EC chapeau  
paragraph 9, fi nal paragraph ("However, 
when...")  Article IX:[9]  
paragraph 10  Article VII:9  
paragraph 11  Article V:2(i)  
Article VIII:[4]CDA,US,JPN[8]EC(e) 
Article X  
Selection procedures   
paragraph 1  Article VIII:[3][8]CDA,JPN 
Article VIII:6  
Article VIII:8  
paragraph 2  Article VIII:[3][8]CDA,JPN 
Article VIII:6  
Article VIII:8  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 3  Article VIII:[3.][8.]CDA,JPN 
Article VIII:6  
Article VIII:8  
Article VIII:5, final paragraph ("If an 
application...")  
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1  
Article VIII:5 chapeau  
subparagraph 1(b)   
subparagraph 2(a)  Article VI:2(a)  
subparagraph 2(b)  Article VI:2(b)  
Article VI:3 chapeau  
Article VIII:5 chapeau  
Article VIII:5(a) and (b)  
subparagraph 2(c ) Article VI:2(b)  
Article VIII:5(a) and (b)  
paragraph 3 chapeau  Article VI:3 chapeau  
subparagraphs 3(a)(i) -(iv) Article VI:3(a)  
subparagraph 3(a), final paragraph ("the 
40-day limit for...")  Article VI:3 chapeau  
Article VI:3(e)  
subparagraph 3(b)  Article VI:3(b)  
subparagraph 3(c)  Article VI:3[d][c]CDA 
subparagraph 3(d)  Article VI:3(e)  
Article VI:6  
paragraph 4  Article VII:2  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
subparagraph 2(a)  Article VII:1(e)  
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   
subparagraph 2(e)  Article VII:1(d)  
subparagraph 2(f)  Article VII:1(b)  
subparagraph 2(g)  Article VII:1(a)  
subparagraph 2(h)  Article VII:1(c)  
subparagraph 2(i)  Article VII:1(e)  
subparagraph 2(j)  Article VII:1(e)  
subparagraph 2(k)   
paragraph 3  Article VII:3  
Article XIII  
Submission, Receipt and Opening of 
Tenders and Awarding of Contracts   
subparagraph 1(a)   
subparagraph 1(b)  Article XI:4  
paragraph 2  Article XI:3 
paragraph 3  Article XI:1  
subparagraph 4(a)  Article XI:5  
Article XI:8  
subparagraph 4(b)  Article XI:7  
subparagraph 4(c)  Article XI:5  
paragraph 5  Article XI:6  
Article XIV  
Negotiation   GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 1 chapeau  Article IX:1 chapeau  
subparagraph 1(a)  Article IX:1(a)  
subparagraph 1(b)  Article IX:1(b)  
paragraph 2   
paragraph 3  Article IX:2  
Article IX:3  
subparagraph 4(a)  Article IX:3  
subparagraph 4(b)  Article VII:9  
Article IX:4  
subparagraph 4(c)  Article IX:4  
subparagraph 4(d)  Article IX:4  
Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X:1 chapeau  
subparagraph 1(a)  Article X:1(a)  
subparagraph 1(b)  Article X:1(b)  
subparagraph 1(c)  Article X:1(d)  
subparagraph 1(d)  Article X:1(c)  
footnote 5  Article X:1(c)  
subparagraph 1(e)  Article X:1(f)  
footnote 6  Article X:1(f)  
subparagraph 1(f)  Article X:1(g)  
subparagraph 1(g)  Article X:1(h)  
subparagraph 1(h)  Article X:1(e)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 2  Article X:2  
Article XVI  
Offsets   
paragraph 1  Article III:5  
paragraph 2  Article XIV:3(b)  
footnote 7  Article I, definition of offsets  
Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XIX:3  
Article XVIII  
Information and Review as Regards 
Obligations of Entities   
paragraph 1 chapeau  Article XII:2 chapeau  
subparagraph 1(a)  Article XII:2(a)  
subparagraph 1(b)  Article XII:2(b)  
subparagraph 1(c)  Article XII:2(e)  
subparagraph 1(d)  Article XII:2(c)  
subparagraph 1(e)  Article XII:2(d)  
subparagraph 1(f)  Article XII:2(f)  
subparagraph 1(g)  Article XII:2(f)  
subparagraph 2(a)  Article XII:1  
subparagraph 2(b)   
subparagraph 2(c)  Article XII:1  
paragraph 3  Article XII:1  
paragraph 4  Article XIII:2  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
Article XIX  
Information and Review as Regards 
Obligations of Parties   
paragraph 1  Article IV  
paragraph 2  Article XII:3  
paragraph 3  Article XII:3  
paragraph 4  Article XIII:1  
paragraph 5 chapeau  Article XII:5(a)  
subparagraph 5(a), first clause ("for 
entities in Annex  1,...")  Article XII:5(a)  
subparagraph 5(a), second clause ("for 
entities in Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(b), first clause ("for 
entities in Annex  1,...")  Article XII:5(a)  
subparagraph 5(b), second clause ("for 
entities in Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(c), first clause ("for 
entities in Annex  1,...")  Article XII:5(a)  
subparagraph 5(c), second clause ("for 
categories of entities in Annexes 2 and 
3,...")  Article XII:5(b)  
subparagraph 5(d), first clause ("for 
entities in Annex  1,...")  Article XII:5(a)  
subparagraph 5(d), second clause ("for 
categories of entities in Annexes 2 and 
3,...")  Article XII:5(b)  
paragraph 5, final paragraph ("To the 
extent that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVII:1  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 2  Article XVII:2  
paragraph 3  Article XVII:2  
paragraph 4  Article XVII:4  
paragraph 5  Article XVII:3  
paragraph 6 chapeau , first sentence 
("Challenges shall...")  Article XVII:4  
Article XVII:5  
paragraph 6 chapeau , second sentence ("A 
review body...")  Article XVII:6 chapeau  
subparagraph 6(a)  Article XVII:6(b)  
subparagraph 6(b)  Article XVII:6(c)  
subparagraph 6(c)  Article XVII:6(d)  
subparagraph 6(d)  Article XVII:6(e)  
subparagraph 6(e)  Article XVII:6(a)  
subparagraph 6(f)  Article XVII:6(f)  
subparagraph 6(g)  Article XVII:6(a)  
paragraph 7 chapeau  Article XVII:7 chapeau  
subparagraph 7(a)  Article XVII:7(a)  
subparagraph 7(b)   
subparagraph 7(c)  Article XVII:7(b)  
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XIX:1  
paragraph 2  Article XIX:2  
Article XXII  
Consultations and Dispute Settlement   GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
paragraph 1  Article XVIII:1  
paragraph 2  Article XVIII:2  
paragraph 3  Article XVIII:3  
paragraph 4  Article XVIII:4  
paragraph 5  Article XVIII:5  
paragraph 6  Article XVIII:6  
paragraph 7  Article XVIII:7  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article XV:1  
paragraph 2  Article XV:2  
Article XXIV  
Final Provisions   
paragraph 1  Article XX:1  
footnote 8  Article XX:1  
paragraph 2  Article XX:3  
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XX:2  
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article XX:4  
subparagraph 5(a)  Article XX:5  
subparagraph 5(b)  Article XX:6  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
subparagraph 6(a)  Article XVI:[2]US[1(a)]JPN,KOR 
subparagraph 6(b), first two sentences  Article XVI:[3]US[2]JPN,KOR(a) 
subparagraph 6(b), last two sentences  Article XVI:[3]US[2]JPN,KOR(c) 
subparagraph 7(a)  Article XX:7  
subparagraph 7(b)  Article XX:7 bis 
subparagraph 7(c)  Article XX:8  
paragraph 8  Article XI bis  
paragraph 9  Article XX:10  
subparagraph 10(a)  Article XX:11  
subparagraph 10(b)  Article XX:12  
paragraph 11  Article XX:13  
paragraph 12  Article XX:14  
paragraph 13  Article XX:15  
paragraph 14  Article XX:16  
paragraph 15  Article XX:17  
Closing paragraph   
closing paragraph (" Done at...")   closing paragraph  
NOTES   
first paragraph ("The terms 'country'or 
'countries'...")  Article I, definition of country or countries  
second paragraph ("In the case of a 
separate...")  Article I, definition of country or countries  
Article I, paragraph 1   
third paragraph ("Having regard...")  Article XV:4  
APPENDIX I, ANNEX  5  GPA/TN1994/4/Rev.1  
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  PROVISION IN THE GPA  1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE 
REVISED DRAFT TEXT (NUMBERING)  
Definition  Article I, definition of construction services 
contract  
 
__________