RESTRICTED  
  
GPA/TN1994/4/Rev.2  
16 July 2004  
(24-2809) Page: 1/79 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
 
  REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 25 JUNE  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 25 June 2004 (as reflected in Job  No. 4513, dated 
5 July 2004) and the corresponding provisions of the 1994  Agreement currently in force.  
 
For information, at the end of thi s paper a second table lists the numbering of the provisions  of the 
1994 Agreement in their sequence and the number ing of the corresponding provisions in the 
revised draft text.  
 
_______________  
 
 
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs 150) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.2  
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Table of Contents  
 
Preamble  
Article  I Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV Publication of Procurement Information  
Article  V Publication of Notice of Intended 
Procurement  
Article  VI Time-Periods for Tendering  
Article  VII Information on Intended Procurements  
Article  VIII [Conditions for Participation ]JPN 
[Qual ification of Suppliers]EC,US 
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
Article  XIbis Use of Electronic Means  
Article  XII Transparency of Contract Award 
Information  
Article  XIII Non-Disclosure of Information  
Article  XIV Developing Countries  
Article  XV Exceptions to the Agreement  
Article  XVI Modifications and Rectifications to 
Coverage  
Article  XVII Challenge Procedures  
Article  XVIII Consultations and Dispute Settlement  
Article  XIX Institutions  
Article XX Final Provisions  
 Table of Contents  
 
Preamble  
Article  I Scope and Coverage  
Article  II Valuation of Contracts  
Article  III National Treatment and 
Non-discrimination  
Article  IV Rules of Origin  
Article  V Special and Differential Treatment for 
Developing Countries  
Article  VI Technical Specifications  
Article  VII Tendering Procedures  
Article  VIII Qualification of Suppliers  
Article  IX Invitation to Participate Regarding 
Intended Procurement  
Article  X Selection Procedures  
Article  XI Time-limits for Tendering and 
Delivery  
Article  XII Tender Documentation  
Article  XIII Submission, Receipt and Opening of 
Tenders and Awarding of Contracts  
Article  XIV Negotiation  
Article  XV Limited Tendering  
Article  XVI Offsets  
Article  XVII 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 framework  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 se rvices;   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 protection t o 
domestic products or services or domestic suppliers 
and should not discriminate among foreign products or 
services or among foreign suppliers;  
Recognizing  that the integrity and predictability of 
government procurement systems are integral to the 
efficient and effective management of public 
resources, the performance of the Parties' economies, 
and the functioning of the multilateral trading system;   
Recognizing  that the procedural commitments under 
this Agreement should be sufficiently flexible to 
accom modate the specific circumstances of each 
Party;   GPA/TN1994/4/Rev.2  
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  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 th e 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.]   Recognizing  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 ca rrying 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, regulations, proce dures 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 encoura ge 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.2  
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Article  I 
Definitions   
For purposes of this Agreement:  
  
(a)  [build -operate -transfer contract  and 
public works concession contract mean  
any contractual arrangement the primary 
purpose of which is to provide for the 
construction or rehabilitation of physical 
infrastructure, plant, buildings, facilities or 
other 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, temp orary 
ownership or a right to control and operate, 
and demand payment for the use of such 
works for the duration of the contract;]US 
[Market Access Issue ]  
(b)  commercial goods and services  mean 
goods and services with characteristics 
similar to those of goods and services that 
are sold or offered for sale to, and 
customarily purchased by, 
non-governmental buyers for 
non-governmental purposes ; it includes 
goods and services with modification s 
customary in the commercial marketplace 
[as well as minor modifications not 
customarily available in the commercial 
marketplace that do not significantly alter 
the non -governmental function or essential 
physical characteristics or change the 
purpose]US,CDA;  
(c) construction services contract  means a 
contract that has as its objective the 
realization by whatever means of civil or 
building works[, in the sense of Division 51 
of the Provisional U.N . Central Product 
Classification (CPC)] ; [Bracketed 
Languag e - Market Access Issue ] Appendix I, Annex 5  
 A construction services contract is a contract 
which has as its objective the realization by whatever 
means of civil or building works, in the sense of 
Division 51 of the Central Product Classification.  
 
(d) country or countries  include any separate 
customs territory that is a Party to this 
Agreement . In the case of a separate 
customs territory that is a Party to this 
Agreement, where an expression in this 
Agreement is qualified by the te rm 
"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 cu stoms territory 
Party to this Agreement.  
 
Notes  
 In the case of a separate customs territory 
Party to this Agreement, where an expression in this 
Agreement is qualified by the term "national", such 
expression shall be read as pertaining to that customs 
territory, unless otherwise specified.  
(e) days means calendar days;   GPA/TN1994/4/Rev.2  
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(f) [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]EC,KOR [may occur]US after an 
initial [full]EC evaluation of the tenders, 
enabling them to be ranked using automatic 
evaluation methods;]EC,US,KO R [NB: Canada 
and the United States question the 
need for the phrase "which occurs after 
an initial full evaluation of the tenders" 
and whether it is necessary to prejudge 
the sequence of the evaluation and 
auction . According to the EC, for an 
electronic auction to take place, 
without running the risk of 
discrimination, it is necessary that an 
initial full evaluation of the tenders has 
taken place prior to the launching of 
the electronic auction and the 
subsequent application of the 
mathematical formula.]   
(g) [electronic means  means using [a 
computer networking environment]US 
[electronic equipmen t]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.]   
(h) in writing  or written  means any worded 
or numbered expression that can be read, 
reproduced and later communicated . It may 
include e lectronically transmitted and stored 
information;   
(i) limited tendering  means a procurement 
method where the procuring entity contacts 
a supplier or suppliers of its choice, only 
under the circumstances specified in 
Article  X; [NB: Japan and Canada 
propose to delete this definition.]  Article  VII:3 
For the purposes of this Agreement:  
[...] 
(c) Limited tendering procedures are those 
procedures where the entity contacts suppliers 
individually, only under the conditions specified 
in Article  XV. 
(j) measure  means any law, regulation, 
procedure, [or any act of a procuring entity  
relating to a covered procurement]EC,US,NOR 
[requirement applied in a particular 
procurement,]HKC administrative guidance or 
practice;   
(k) multi -use list  means a list of suppliers that 
a procuring entity has determined satisfy 
the conditions for participation in that list, 
and that the procuring entity intends to use 
more than once;   
(l) notice of intended procurement means a 
notice published by a procuring entity in 
accordance with Article  V inviting interested 
suppliers to submit tenders;   GPA/TN1994/4/Rev.2  
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(m) offsets  in government procurement means 
any [measures,]CT conditions or 
undertakings that encourage local 
development or improve a Party's 
balance -of-payme nts 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 perfo rmed]HKC; [NB: Hong 
Kong, China is concerned that the 
addition of "domestic suppliers" and, 
along with Korea and Israel, that 
"technology transfer" expands the 
scope of offsets.]  Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
improve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 
(n) open tendering  means a procurement 
method where all 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 which all interested suppliers 
may submit a tender.  
(o) person  means a natural person or a 
juridical person;   
(p) [procurement  means the process by which 
a [government]US [procuring entity]JPN,CT 
obtains the use of or acquires goods or 
services, or any combination thereof, for 
governmental purposes and not with a view 
to commercial sale or resale, or use in the 
production or supply of goods or services for 
commercial sale or resale;]JPN,US [Market  
Access Issue ]  
(q) procuring entity  means an entity covered 
under Annexes 1, 2 and 3 of Appendix I of 
each Party;   
(r) qualified supplier  means a supplier that a 
procuring entity recognizes as having 
satisfied the conditions for participation;  Article V III 
(c) ... Entities shall recognize as qualified suppliers 
such domestic suppliers or suppliers of other 
Parties who meet the conditions for 
participation in a particular intended 
procurement. ...  
(s) [recurring contracts  mean contracts [that 
are related  to the regular purchase of the 
same goods or services and that are not 
subject to a framework purchasing 
system]EC;  
(t) selective tendering  means a procurement 
method where only suppliers satisfying the 
conditions for participation are invited by 
the procuring entity to submit a tender ; 
[NB: Japan and Canada propose to 
delete this definition.]  
 Article VII:3  
For the purposes of this Agreement:  
[...] 
(b) Selective tendering procedures are those 
procedures under which, consistent with 
paragraph 3 of Article  X and other relevant 
provisions of this Agreement, those suppliers 
invited to do so by the entity may submit a 
tender.  
(u) service s includes construction services, 
unless otherwise specified;   GPA/TN1994/4/Rev.2  
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(v) standard  means a document approved by a 
recognized body, that provides, for common 
and repeated use, rules, guidelines or 
characteristics for products or services or 
related processes and production methods, 
with which compliance is not mandatory . It 
may also incl ude or deal exclusively with 
terminology, symbols, packaging, marking 
or labelling requirements as they apply to a 
product, service, process or production 
method;  Footnote  
4. For the purpose of this Agreement, a standard 
is a document approved by a recogni zed body, that 
provides, for common and repeated use, rules, 
guidelines or characteristics for products or services or 
related processes and production methods, with which 
compliance is not mandatory . It may also include or 
deal exclusively with terminolog y, symbols, packaging, 
marking or labelling requirements as they apply to a 
product, service, process or production method.  
(w) supplier  means a person or group of 
persons that provides or could provide 
goods or services;   
(x) [technical regulation  means a document 
which lays down characteristics of a product 
or a service or their related processes and 
production methods, including the 
applicable administrative provisions, with 
which compliance is mandatory . It may also 
include or deal exc lusively 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, symbols, packaging , 
marking or labelling requirements as they apply to a 
product, service, process or production method.  
(y) technical specification  means a tendering 
requirement that:  
 
(i) lays down the characteristics of 
goods or services to be procured, 
including quality, performance, 
safety and dimensions, or the 
processes and methods for their 
production or provision ; or 
 
(ii) addresses terminology, symbols, 
packaging, marking or labelling 
requirements, as they apply to a 
good or service.  Article  VI 
1. Technical specifications laying down the 
characteristics of the products or services to be 
procured, such as quality, performance, safety and 
dimensions, symbols, terminology, packaging, marking 
and labelling, or the processes and methods for their 
product ion 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 an d Coverage  Article  I 
Scope and Coverage  
Application of Agreement  
  
1. This Agreement applies to any measure 
regarding covered procurement.  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. For the purposes of this Chapter, covered 
procurement means a procurement of goods, services, 
or any combination thereof:  
 
(a) by any contractual means, including 
purchase ; lease; rental o r 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 
private sector]JPN; a nd [Bracket ed 
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, including any combination of 
products a nd 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; 
[Bracketed Language – Market Acces s 
Issue ] 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any procurement 
contract for which the contract 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.2  
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[(c) [that is conducted]US by a procuring 
entity]US,EC[; and 
 
(d) that is not excluded from coverage by this 
Agreement.]US,EC,JPN  Article I  
1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
[2bis. Without prejudice to Article  [Exceptions], this 
Agreement applies to any procuremen t: 
 
(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 val ue 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.  
 
Footnote  
1. ...Relevant thresholds are specified in each 
Party's Annexes.  
3. For each Party, Appendix  I shall be divided into 
five Annexes:  
 
(a) Annex  1 specifies the central government 
entities whose procurement is covered by 
this Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose procurement is 
covered by this Agreement;  
 
(c) Annex  3 specifies all other entities whose 
procurement is covered by this Agreement;  
 
(d) Annex  4 specifies the servi ces covered by 
this Agreement ; and 
 
(e) Annex  5 specifies the construction services 
covered by this Agreement.  
 Footnote  
1. For each Party, Appendix I is divided into five 
Annexes:  
 
- Annex 1 contains central government entities.  
 
- Annex 2 contains sub -central government 
entities.  
 
- Annex 3 contains all other entities that procure 
in accordance with the provisions of this 
Agreement.  
 
- Annex 4 specifies services, whether listed 
positively or negatively, covered by this 
Agreement.  
 
- Annex 5  specifies covered construction 
services.  
 
 Relevant thresholds are specified in each 
Party's Annexes.  
 GPA/TN1994/4/Rev.2  
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Compliance   
4. Each Party shall [take such reasonable 
measures as may be available to it to]CDA,HKC ensure 
that the procuring entities listed in its Appendix  I 
comply with the provisions of [Articles  VII to X of]CDA 
this Agreement in conducting covered procurement.  
[NB: The EC, the US, Switzerland, Singapore, 
Japan, Norway and Korea have 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 en tity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procure in accordance with particular 
requirements, Article  III shall apply mutatis  mutandis  
to such requirements.  
 Article  I 
3. Where entities, in the context of procurement 
covered under this Agreement, require enterprises not 
included in Appendix I to award contracts in 
accordance with particular requirements, Article  III 
shall apply mutatis mutandis to such requirements.  
Valuat ion Article  II 
Valuation of Contracts  
6. In estimating the value of a procurement for 
the purpose of ascertaining whether 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.  
[(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 stream s that may be provided 
for in such contracts][ Market Access 
Issue ] and, where the procurement 
provides for the possibility of option 
clauses, the total maximum value [or 
total maximum estimated value] of the 
procurement, inclusive of optional 
purchases[, and any esti mated residual 
value in the case of leases, rentals and 
hire purchases ; 
and]CDA,US,HKC]CDA,US,HKC,EC,JPN 
 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
6. In cases where an intended procurement 
specifies the need for option clauses, the basis for 
valuation shall be the total value of the maximum 
permissible procurement, inclusive of optional 
purchases.  
 
5. In cases of contracts for the lease, rental or 
hire purchase of products or services, or in the case of 
contracts which do not specify a total price, the basis 
for valuation shall be:  
 
(a) in the case of fixed -term contracts, where 
their term is 12 months or less, the total 
contract value for their duration, or, whe re 
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.2  
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[(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: C anada is proposing that 
subparagraphs  6(b) and (c) also replace 
paragraphs  7 and 8. The EC considers Canada's 
proposal to relate to 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, wh ere 
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 instalmen t multiplied 
by 48. 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
[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 rec urring 
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 ; or 
[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,SWI.KOR 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 instalment multiplied by 48 . Where 
there is doubt as to whether the contract is 
to be a fixed -term contract, this basis for 
valuation shall be used.]EC,JPN,NOR,US,KOR 5. In cases of contracts for the lease, rental or 
hire purchase of products or se rvices, 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 exc eeds 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.2  
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Article  III 
General Principles  Article  III 
National Treatment and Non -discrimination  
National Treatment and Non -Discrimination   
1. With respect to any measure and any covered 
procurement, each Party[, including its procuring 
entities]US [and each procuring entity, 
respectively,]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 services 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 services of t he 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 
procedur es of its entities are applied in a 
non-discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
2. With respect to any measure and any covered 
procurement, neither a Party nor a procuring entity 
shall:  
 
(a) treat a locally established supplier less 
favourably than another locally established 
supplier on the basis of degree of foreign 
affiliation or ownership ; nor 
(b) discriminate against a locally established 
supplier on the basis that the goods or 
services o ffered by that supplier for a 
particular procurement are goods or 
services of any other Party.  Article  III 
2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall ensur e: 
 
 (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 locall y-established suppliers on the 
basis of the country of production of the 
good or service being supplied, provided 
that the country of production is a Party to 
the Agreement in accordance with the 
provisions of Article  IV. 
Procurement Methods  Article  VII 
Tendering Procedures  
3. A procuring entity shall conduct covered 
procurement in a manner that is consistent with this 
Agreement, and, except where specifically provided 
otherwise in this Agreement, in a transparent and 
impartial manner[, using methods suc h 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,KO R [A procuring 
entity shall ensure that the impartiality of the 
procurement process is not affected by a procurement 
official's personal interests, such as family ties or 
business links.]NOR  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Rules of Origin  Article  IV 
Rules of Origin  
4. For purposes of covered procurement, no Party 
may apply rules of origin to goods or services 
imported from or supplied by another Party that are 
different from the rules of origin the Party applie s at 
the same time in the normal course of trade to 
imports or supplies of the same goods or services from 
the same Party.  1. A Party shall not apply rules of origin to 
products or services imported or supplied for purposes 
of government procurement covere d 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.  
Offset s Article  XVI 
Offsets  
5. With regard to covered procurement, 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 
selection of suppliers, products or services, or in the 
evaluation of tenders and award of contracts, impose, 
seek or con sider 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 covered procurement.  Article  III 
3. The provisions of paragraphs 1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on or in connection with importation, the 
method of 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 b y this Agreement.  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  IV 
Publication of Procurement Information   
Each Party shall:  
 
(a) promptly publish any law, regulation, 
judicial decision, administrative ruling of 
general application, standard contract 
clauses that are mandated by law or 
regulation and are incorporated by reference 
in notices and tender documentation and 
procedure regarding covered procurement, 
and any modifications thereof, in officially 
designated electronic or paper media that 
are widely disseminated and remain readily 
accessible to the public and that are in the 
appropriate publications listed in 
Appendix  IV; and 
(b) provide an explanation thereof to any Party, 
on request.  Article  XIX 
1. Each Party shall promptly pub lish 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 Appendi x IV and in 
such a manner as to enable other Parties and 
suppliers to become acquainted with them . Each Party 
shall be prepared, upon request, to explain to any 
other Party its government procurement procedures.  
Article  V 
Publication of Notice of Intended  Procurement  Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
1. For each covered procurement, except in the 
circumstances described in Article  X, a procuring entity 
shall publish a notice of intended procurement . The 
notice shall be published in the appropriate publication 
listed in Appendix  II. The notices shall be in electronic 
or paper media that are widely disseminated and 
remain readily accessible to the public.  [[For procuring 
entities in Annex  1, the notices]JPN,KOR [In all cas es, the 
notices]EC,NOR,SWI [where electronic]JPN,HKC [shall 
always]EC,NOR be [electronically]EC,NOR accessible free of 
charge through a single point of access].EC,NOR,KOR,SWI,JP N 
[Procuring entities in Annexes  2 and 3 shall be 
encouraged to make such publi cations 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 partici pate for all cases of 
intended procurement, except as otherwise provided 
for in Article  XV (limited tendering) . The notice shall 
be published in the appropriate publication listed in 
Appendix  II. 
 
2. The invitation to participate may take the form 
of a not ice 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, […]  
- [whether the procuring entity is 
inviting offers for purchase, lease, 
rental or hire purchase, or more than 
one of these methods;]EC 6. (h) whether the entity is inviting offers for 
purchase, lease, rental or hire purchase, 
or more than one of these methods.  
- [any options for further procurement 
and, if possible, an estimate of when 
such options may be exercised;]EC 6. (a) ... including any options for further 
procurement and, if possible, an 
estimate of the timing when such 
options may be exercised  ...; GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
- [for recurring contracts, if possible, 
an estimate of the timing of 
subsequent notices of intended 
procurement;]EC [NB: T he US, 
Japan, CT, Singapore, Korea and 
Canada continue to believe that it 
is not necessary to require the 
inclusion of these three items of 
the notice.]  6. (a) ... in the case of recurring contracts the 
nature and quantity and, if possible, an 
estimate  of the timing of the subsequent 
tender notices for the products or 
services to be procured;  
[(c) any options;]CDA,NOR,US 6. (a) ... including any options for furt her 
procurement and, if possible, an 
estimate of the timing when such 
options may be exercised ...;  
[(c)]EC[(d)]CDA,NOR,US the time -frame for delivery 
of goods or services or the duration of the 
contract;  6. (c) any date for starting delivery or 
completio n of delivery of goods or 
services;  
[(d)]EC[(e)]CDA,NOR,US the procurement method 
that will be used and whether it will involve 
negotiation[, electronic means]EC [or 
electronic auction]CDA,US,NOR [and any 
intention that tenders be submitted by 
electronic means]CDA,US,JPN,NOR; 6. (b) whether the procedure is open or 
selective or will involve negotiation;  
[(e)]EC[(f)]CDA,NOR,US the address and the 
time-limits for the submission of tenders 
and, where applicable, any time -limits for 
the submission of applications to qualify for 
participation in the procurement;  
[(f)]EC[(g)]CDA,NOR,US the language or languages 
in which tenders or applications must be 
submitted, if other than an official language 
of the Party of the procuring entity;  6. (d) the address and final date for submitting 
an application to be invited to tender or 
for qualifying for the suppliers ' list, or 
for receiving tenders, as well as the 
language or languages in which they 
must be subm itted;  
[(g)]EC[(h)]CDA,NOR,US a list and brief description 
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 is 
available at the same time as the notice of 
intended procurement]JPN; 6. (f) any economic  and technical 
requirements, financial guarantees and 
information required from suppliers;  
[(h)]EC[(i)]CDA,NOR,US where, pursuant to 
Article  VIII, a procuring entity intends to 
select a limited number of qualified suppliers 
to be invited to tender, the 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)]EC[(j)]CDA,NOR,US an indication that the 
procurement is covered by this Agreement.  11. Entities shall make clear, in the notices referred 
to in this Article or in the publication in which the 
notices appear, that the procurement is covered by 
the Agreement.  
Summary Notice  
  
3. For each case of intended procurement, where 
the notice of intended procurement is not already 
published in one of the official languages of the WTO,  a 
procuring entity  shall publish [in a summary notice]EC 
in one of the WTO languages [at least the information 
in paragraph  2 (a), (b)[,]EC,SWI  [and]CDA,US,KOR (e/f) [and 
(g)]EC,SWI.]CDA,US,SWI,EC,NOR,KOR [[in a paper media listed in 
Appendix  2]ISR. [In addition, t]ISR [T]he notice [may be 
published also in electronic media and contain]ISR [shall 
contain at least]JPN the following information:  8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO . The notice shall contain 
at least the following information:  
 
(a) the subject -matter of the procurement;  (a) the subject matter of the contract;  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) the time -limits set for the submission of 
tenders or, where applicable, of applications 
to be invited to tender or for inclusion on 
multi-use lists ; and (b) the time -limits set for the submission of 
tenders or an application to be invited to 
tender ; and 
(c) the addresses from which documents 
relating to the procurement may be 
requested.]JPN,ISR (c) the addre sses from which documents 
relating  to the contracts may be requested.  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to publish as 
early as possible in each fiscal year a notice regarding 
each procuring entity's future procurement plans . The 
notice should include the subject -matter of the 
procurement and the planned date of the publication of 
the notice of intended procurement . When the 
published information is in accordance with 
Article  VI:3 (a), a procuring entity may apply 
Article  VI:3 for the purpose of establishing shorter 
time-periods for tendering of a covered procurement.  7. Each notice of planned procurement referred to 
in paragraph 3 shall contain as much of the 
information referred to in paragraph  6 as is 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  2 and]US Annex  3 
may use a notice of planned procurement as a notice 
of intended procurement provided that it includes as 
much of the information  in paragraph  2 as is available 
and a statement that interested suppliers should 
express their interest in the procurement to the entity.  
 3. Entities in Annexes  2 and 3 may use a notice of 
planned procurement, as provided for in paragraph  7, 
or a notice r egarding 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.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  VI 
Time -Periods for Tendering  Article  XI 
Time-limits for Tendering and Delivery  
General  General  
1. [A procuring entity shall ensure that any 
prescribed time -limit, including any extension of this 
time-limit, is common for all interested or participating 
suppliers and is adequate to allow suppliers of other 
Parties as well as domestic suppliers:  
 
(a) to prepare and submit tenders ; and 
 
(b) where a procuring entity requires suppliers 
to meet conditions of participation to 
participate in tendering, to submit 
applications requesting participation.  
 
In determining any such time-limit, a procuring entity 
shall, consistent with its own reasonable needs, take 
into account such factors as the complexity of the 
intended procurement, the extent of subcontracting 
anticipated, and the normal time for transmitting 
tenders from foreig n as well as domestic points.]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 
 
 [A procuring entity shall provide 
[sufficient][adequate] time for suppliers to prepare 
and submit applications to participate in a covered 
procurement and responsive tenders[, including any 
extension of the time-periods], [consistent with its 
own reasonable needs]HKC taking into account [such 
factors as] the nature and complexity of the 
procurement[, the extent of subcontracting 
anticipated, and the normal time for transmitting 
tenders from foreign as well as  domestic points] . Such 
time-periods shall be common for [all interested or 
participating] suppliers of other Parties as well as 
domestic suppliers.]US 1. (a) Any prescribed time -limit shall be 
adequate to allow suppliers of other 
Parties as well as domest ic 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 proc urement, the extent of 
subcontracting 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.  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Deadlines  Deadlines  
2. Except as provided for in paragraphs  3 and 4, a 
procuring entity shall [establish that the final date for 
the submission of tenders shall not be]US,EC [provide 
no] less than 40  days:  
(a) from the date on which the notice of 
intended procurement is publishe d [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 meet 
conditions for participa tion in advance of 
the tendering process,]CDA [who meet 
conditions for participation are invited to 
submit a tender]JPN from the date on 
which the entity [initially]JPN notifies 
suppliers [that] they will be [permitted] 
[invited]JPN to submit tenders [to t he 
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 qualif ied 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. 
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 applic ations 
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;  
(a) where [the procuring entity 
published]US,EC,CDA [a separate notice, 
including]US,CDA,JPN a notice of planned 
procurement under Article  V:3 [has been 
published]JPN at least 40  days and not 
more than 12  months in advance[, [and 
such notice contains : a description of the 
procurement ; the approximate time -limits 
for the submission of tenders or, when 
appropriate, applications for qualification ; a 
statement that interested suppliers should 
express their interest in the procurement to 
the procuring entity ; and the address from 
which documents relating to the 
procurement may be obtained]US,JPN 
[together with as much information under 
Article  V:2 as i s 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 r eferred 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 point with the entity from 
which further information may be 
obtained,  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) [in the case of the second or subsequent 
publication of notices] where a procuring 
entity publishes 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 contract s of a 
recurring nature within the meaning of 
paragraph 6 of Article  IX, the 40 -day 
limit for receipt of tenders may be 
reduced to not less than 24 days;  
[(c)]JPN,US [b]CDA,JPN  [where the procuring 
entity procures commercial goods or 
services;]JPN,CDA,US  
[(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 q uestion, 
the periods specified 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 procuring entity in 
[Annex  [2 and] 3], has been fixed by 
mutual agreement between the procuring 
entity and the selected suppliers . In the 
absence of agreement, the procuring entity 
may fix periods which shall be sufficien t 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 enabl e responsive tendering, 
which, as a general rule, shall not be 
less than 24 days, but in any case not 
less than 10 days;  
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 o f the following 
circumstances:  
 
(a) the notice of intended procurement is 
published electronically ; [or]ISR 
 
(b) the [complete]EC tender documentation is 
made available electronically from the date 
of 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,KOR [three]CDA,HKC 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.2  
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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 per iod 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 fix 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 Procurement  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 documen tation provided to suppliers 
shall 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 followi ng: 
(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, necessary 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 inform ation 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, c ustoms 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 authoriz ed 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 which tenders may be submitted, 
e.g. paper or electronic means.  
 (a) the address of the entity to which tenders 
should be sent;  
(i) the terms of payment;  
(j) any other terms or conditions;  
 (b) the address where requests for 
supplementary information should be sent;  
(c) the language or languages in which tenders 
and tendering documents must be 
submitted;  
(d) the closing date and time for receipt of 
tenders and the length of time during which 
any tender should be open for acceptance;  
(k) in accordance with Article XVII the terms 
and conditions, if any, under which tend ers 
from countries not Parties to this 
Agreement, but which apply the procedures 
of that Article, will be entertained.  
 GPA/TN1994/4/Rev.2  
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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 production, 
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 
procurement, the extent of subcontracting anticipated 
and the realistic time required for  production, 
de-stocking and transport of goods from the points of 
supply or for 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 Docu mentation 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 reasonable request for explanations 
relating thereto.  
 
 (c) Entities shall reply promptly to any 
reasonable request for relevant 
information submitted by a supplier 
participating in the tendering procedure, 
on condition that such information does 
not give that supplier an advantage over 
its competitors in the procedure for the 
award of  the contract.  
Technical Specifications  
 Article  VI 
Technical Specifications  
4. A procuring entity shall not prepare, adopt or 
apply any technical specification or prescribe any 
conformity assessment procedure with the purpose or 
the effect of creating unnecessary obstacles to 
international trade.  1. Technical specifications ... shall not be 
prepared, adopted or applied with a view to, or with 
the effect of, creating unnecessary obstacles to 
international trade.  
 
5. In prescribing the technical  specifications for 
the goods or services being procured, a procuring 
entity shall, where appropriate:  
 2. Technical specifications prescribed by procuring 
entities shall, where appropriate:  
 
(a) specify the technical specification, in terms 
of performance and functional requirements, 
rather than design or descriptive 
characteristics ; and [NB: The EC would 
prefer using "or" instead of "and" at 
the end of this sentence.]  (a) be in terms of performance rather than 
design or descriptive characterist ics; and 
 GPA/TN1994/4/Rev.2  
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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 ; otherwi se, on national technical 
regulations3, recognized national standards4, 
or building codes.  
 
[5bis. Procuring entities [shall] [may] consider 
tenders which do not comply with the design or 
descriptive characteristics of the technical 
specification but do d emonstrably meet the 
requirements thereof and are fit for the purposes 
intended . In this case, the reference to the technical 
specifications in the tender documents must include 
words such as "or equivalent".]EC,KOR  
6. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular 
trademark or trade name, patent, copyright, design or 
type, specific origin, producer or supplier, unless 
there is no other sufficiently precise or 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 origi n, producer or supplier, unless there 
is no sufficiently precise or intelligible way of describing 
the procurement requirements and provided that words 
such as "or equivalent" are included in the tender 
documentation.  
 
7. A procuring entity shall not seek  or accept, in a 
manner that would have the effect of precluding 
competition, advice that may be used in the 
preparation or adoption of any technical specification 
for a specific procurement from a person that may 
have a commercial interest in the procurem ent. 4. Entities shall not seek or accept, in a manner 
which would have the effect of precluding competition, 
advice which may be used in the preparation of 
specifications for a specific procurement from a firm 
that may have a commercial interest in the 
procurement.  
[8. For greater certainty, this Article is not 
intended to preclude a Party from preparing, 
adopting, or applying technical specifications to 
promote the conservation of natural resources or 
protect the environment [provided that such technical  
specifications are consistent with 
paragraphs  4 through  7].JPN,EC]JP,EC,US,SWI,NO R [NB: 
Chinese Taipei reserves its position on the last 
bracket.]   
[8bis. Requirements and evaluation criteria which 
require subjective assessment or professional 
judgment should be kept to a minimum and should 
only be used where justified.]HKC  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Modifications   
[9. Where, [during the course of a procurement]US 
[prior to the award of a contract]HKC,CDA, a procuring 
entity modifies the criteria or technical requirements 
set out in a notice or tender documentation provided 
to participating suppliers, [or]US amends or reissues a 
notice or tender documentation, it s hall transmit all 
such modifications or amended or re -issued notice [in 
writing]CDA or tender documentation:  
 
(a) to all the suppliers that are participating at 
the time the information is amended, if 
known, and in all other cases, in the same 
manner as the original information ; and 
 
(b) in adequate time to allow such suppliers to 
modify and re -submit amended tenders, as 
appropriate.]CDA,US 
 
[10.]US [[If, after publication of a notice of intended 
procurement, but before the time set for the opening 
or receipt of tenders as specified in the notices or the 
tender documentation, a procuring entity amends or 
re-issues the notice, the entity shall circulate the 
amendment or the re -issued notice in the same 
manner as the original documents upon which the 
amen dment or re -issued notice is based.]EC [A 
procuring entity shall provide]US,EC [A]JPN[a]US,ECny 
significant [additional]EC information to [all suppliers at 
the same time]US,EC [one supplier with respect to a 
particular intended procurement shall be given 
simultaneously to all other suppliers concerned]JPN in 
adequate time to permit the suppliers to consider such 
information and to respond to it].EC,JPN,US,HKC,CDA Article IX  
10. If, after publication of an invitation to 
participate in any case of intended pr ocurement, but 
before the time set for opening or receipt of tenders 
as specified in the notices or the tender 
documentation, it becomes necessary to amend or 
re-issue the notice, the amendment or the re -issued 
notice shall be given the same circulation as  the 
original documents upon which the amendment is 
based . Any significant information given to one 
supplier with respect to a particular intended 
procurement shall be given simultaneously to all other 
suppliers 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;  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  VIII 
[Conditions for Participation]JPN 
[Qualification of Suppliers]EC,US 
[NB: Parties are still reviewing the structure of 
this revision . The EC suggests the following 
structure : conditions for participation ; selective 
tende ring; multi-use lists ; and information on 
procuring entities' decisions . The United States 
and Canada suggest the following structure : 
conditions for participation ; m ulti-use lists ; 
notice inviting applications ; selective tendering ; 
information on procuring entities' decisions.]  Article  VIII 
Qualification of Suppliers  
 
[General Requirements]JPN[Conditions for 
Participation]EC,US,CDA  
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 dome stic 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;  
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 participation 
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 procurement, the supplier 
has previously been awarded one or more 
contracts by a procuring entity of a given 
Party or that the supplier has prior work 
experience in the territory of a given 
Party]US,EC,CDA,KOR,NOR,JPN,SWI; a nd [NB: 
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 supplier s 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, techn ical qualifications and 
information necessary for establishing the 
financial, commercial and technical capacity 
of suppliers, as well as the verification of 
qualifications, shall be no less favourable to 
suppliers of other Parties than to domestic 
supplier s and shall not discriminate among 
suppliers of other Parties . The financial, 
commercial and technical capacity of a 
supplier shall be judged on the basis both of 
that supplier's global business activity as 
well as of its activity in the territory of the 
procuring entity, taking due account of the 
legal relationship between the supply 
organizations;  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procuring entity may exclude a supplier on 
grounds such as bankruptcy, false declarations [, 
significant deficiencies in performance of any 
substant ive requirement or obligation under a prior 
contract]CDA,US,KOR, convictions for criminal offences, 
[professional misconduct]EC,NOR or failure to pay taxes.  (h) nothing in subparagraphs (a) through (g) 
shall preclude the exclusion of any supplier 
on grounds such as bankruptcy or false 
declarations, provided that such an action is 
consistent with the national treatment and 
non-discrimination provisions of this 
Agreement.  
Multi-Use Lists   
1. Where a procuring entity maintains a multi -use 
list of suppl iers [that have satisfied the conditions for 
participation]EC,CDA[, and the list can be used by such 
suppliers to prove that they meet some or all of the 
conditions for participation in respect of more than one 
procurement,]EC,SWI,NOR the entity shall annu ally 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]CDA,US,JPN in [one o f 
the]EC [the appropriate]CDA,JPN,US publication[s]EC listed 
in Appendix  III. The notice shall include:  Article  IX 
9. In the case of selective tendering procedures, 
entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the 
publications listed in Appendix  III a notice of the 
following : 
 
 
(a) a description of the goods and services, or 
categories thereof, for which the list may be 
used;  (a) the enumeration of the lists maintained, 
including their headings, in relation to the 
products or services or categories of 
products or services to be procured through 
the lists;  
(b) the conditions for participation to be 
satisfied by suppliers and the methods that 
the procuring entity will use to verify a 
supplier's satisfaction of the conditions;  (b) the conditions to be fulfilled by suppliers 
with a view to their inscription on those lists 
and the methods according to which each of 
those conditions will be verified by the 
entity concerned ; and 
(c) the name and address of the procuring 
entity and other information necessary to 
contact the entity and o btain all relevant 
documents relating to the list;   
(d) the period of validity of the list and the 
means for its renewal or termination[, or 
where the period of validity is indefinite, an 
indication of the method by which notice will 
be given of the termination of use of the 
list]CDA,US,JPN; and (c) the period of validity of the lists, and the 
formalities for their renewal.  
 
Article VIII  
(f)  …Qualified suppliers included on permanent 
lists by entities shall also be notified of the 
termination of any such lists or of their 
removal from them;  
(e) an 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.  
[2. The notice referred to in paragraph 1 may be 
published only once, at the beginning of the validity of 
the list, provided that:  
 
(a) the period of validity is three years or less 
and is stated in the notice ; [and]US 
 
(b) the notice states that further notices  will not 
be published[.]US; and 
 
(c) this provision is not be used to circumvent  
the provisions of this Agreement. ]EC,US,NOR,SWI  
[NB: Canada, Singapore and Japan question the 
extent to which this paragraph is compatible 
with paragraph  [], 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.  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procu ring 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 permane nt lists of 
qualified suppliers shall ensure that 
suppliers may apply for qualification at any 
time; and that all qualified suppliers so 
requesting are included in the lists within a 
reasonably short time;  
[4. Notwithstanding the use of a multi -use list, 
procuring entities in Annexes 1 and 2 shall publish a 
notice of intended procurement in respect of each 
procurement and shall comply with, inter alia, the 
provisions of paragraphs 1 through 5 of [Selective 
Tendering] in respect of each procurement.]EC Article IX  
1. In accordance with paragraphs  2 and 3, entities 
shall publish an invitation to participate for all cases of 
intended procurement, except as otherwise provided 
for in Article  XV (limited tendering) . The notice shall 
be published in the appropr iate publication listed in 
Appendix  II. 
[Qualification and Registration Procedures]US,KOR  
[5. Each Party shall ensure that:  
 
(a) each procuring  entity and its constituent 
parts follow a single qualification procedure, 
except in cases of duly substantiat ed need 
for a different procedure ; and 
 
(b) efforts be made to minimize differences in 
qualification [and registration]KOR procedures 
between procuring entities.]SWI,EC,NOR,KOR 
 Article VIII  
 
(g) each Party shall ensure that:  
 
(i) each entity and its constituent parts 
follow a single qualification procedure, 
except in cases of duly substantiated 
need for a different procedure ; and 
 
(ii) efforts be made to minimize differences 
in qualification procedures between 
entities.  
[Annex [2 and]US,CDA 3 Entities]CDA,EC,US  
6. A procuring entity listed in 
Annexes  [2]US or [3]SWI,US,CDA,NOR,EC may use a notice 
inviting suppliers to apply for inclusion on a multi -use 
list as a notice of intended procurement, provided 
that: Article IX  
3. Entities in Annexes  2 and 3 may use a notice of 
planned procurement as provided for in paragraph 7, 
or a notice regarding a qualification system, as 
provided for in paragraph 9, as an invitation to 
participate.  
 
9. ... When such a notice is used as an invitation 
to participa te in accordance with paragraph 3, the 
notice shall, in addition, include the following 
information:  
 
(d) the nature of the products or services 
concerned;  
 
(e) a statement that the notice constitutes an 
invitation to participate.  
(a) the notice sets out, in addition to the 
information required in paragraph  1 of 
[Multi -use Lists], as much of the information 
required in Article  V:2 as is available and 
contains a statement that it constitutes a 
notice of intended procurement [or that only 
the suppliers o n 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 p ermit 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 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 as sess 
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.2  
- 27 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(c) a supplier having applied for inclusion on a 
multi-use list in accordance with 
paragraph  [5 of [Selective Tendering]]SWI[3 
of [Multi -use Lists]]EC shall be entitled to 
tender in a given procurement, if there is 
sufficient time to examine whether it 
satisfies the conditions for 
participation].EC,SWI Article VIII  
(c) ... 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;  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Notice Inviting Applications   
 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 the information in Article V:2(a), 
(b), (g) and (h).]CDA,US,JP N [NB: It only incorporates 
agreed text in V:2 . Canada and the United States 
believe that consideration should be given to 
incorporating this paragraph into [Selective 
Tendering].]   
[Selective Tendering]EC,US [Notice Inviting 
Applications]JPN  
1. [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]CDA,US,JPN [[A]EC procuring entity that intends t o 
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 no tice [of intended 
procurement]EC.]EC,CDA,US  
[2. Where the tender documents are not made 
publicly available from the date of publication of the 
notice of intended procurement, the procuring entity 
shall ensure that those documents are made available 
at the same time to all qualified or to a limited number 
of qualified 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 
informa tion 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.  
[3. A procuri ng entity shall provide a sufficient 
period of time for suppliers to prepare and submit 
applications.]US [Such time -limit shall be as a rule, at 
least 25  days from the date of publication of the notice 
of intended procurement, except in the circumstances 
foreseen under Article  VI:3, 4 and 5 [where it does not 
use a multi -use list]JPN,KOR.]EC,SWI,JPN,KOR 
 Article  XI 
1. (a) Any prescribed time -limit shall be 
adequate to allow suppliers of other 
Parties as well as domestic suppliers to 
prepare and submit tenders before the 
closing of the tendering procedures . In 
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.  
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.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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. 
4. A procuring entity shall allow all domestic 
suppliers and suppliers of other Parties that satisf y the 
conditions for participation in a particular procurement 
to submit a tender, unless[, consistent with the 
efficient operation of the procurement system, ]EC the 
entity intends to [set a time -limit for submitting 
applications to recognize suppliers as having satisfied 
the conditions for participation in a procurement or]KOR 
[select a limited number of qualified 
suppliers]EC,US,CDA,SWI,NOR. In such case[s], the entity 
shall[:  
 
(a)] [state]US [indicate]EC in the notice of 
intended procurement or, where publicly 
available, in the tender documentation,  any 
limitation on the number of suppliers that 
will be permitted to tender and the 
[objective and non -discriminatory]EC,SWI,NOR 
criteria for such limitation[ ; 
and]EC,SWI[.]US,CDA 
 
[(b) comply with the provisions of paragraphs  1 
through 3 of [Selective Tendering].]EC,SWI Article VIII  
(c) the process of, and the time required for, 
qualifying suppliers shall not be used in order 
to keep suppliers of other Parties off a 
suppliers' list or from being considered for a 
particular intended procurement . Entities shall 
recognize as qualified suppliers such domestic 
suppliers or suppliers of other Parties who 
meet the conditions for participation in a 
particular intended procu rement . 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 inte rnational 
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 procureme nt 
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 sel ection shall allow for 
equitable opportunities for suppliers on the lists.  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified , there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX . The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
5. [Where a supplier submits an application for 
recognition that it has satisfied the conditions for 
participation, and all other requested documents 
relating thereto, within the time -limit [referred to in 
paragraph 3 of [Selective Tendering]]EC,SWI, a procuring 
entity shall examine it and may not exclude the 
supplier from consideration in respect of the 
procurement on the grounds that the procuring entity 
has insufficient time to examine the application[, 
unless due to the complexity of the procurement the 
entity is n ot able to complete the examination of the 
application]HKC,US [within the time -period allowed for 
tendering]US [before commencement of tendering]HKC. 
[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,KOR] 
 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  
3. Suppliers requesting to par ticipate in a 
particular intended procurement shall be permitted to GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX . The number  of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
Article XI  
1. (a) Any prescribed time -limit shall be 
adequate to allow suppliers of other 
Parties as well as domestic suppliers to 
prepare and submit tenders before the 
closing of the tendering procedures . 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 procure ment, the extent of 
subcontracting anticipated and the 
normal time for transmitting tenders by 
mail from foreign as well as domestic 
points.  
6. [The time -period provided for in paragraph [ ] 
may be reduced to [10] days where:  
 
(a) the conditions for partic ipation 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 accessible in electronic form since its 
initial date of publication.]US 
 Article XI  
3. The periods referred to in paragraph 2 may be 
reduced in the circumstances set out below:  
(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 point with the entity from 
which further information may be 
obtained,  
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;  
(b) in the case of the second or subsequent 
publications dealing with contracts of a 
recurring nature within the meaning of 
paragraph 6 of Article  IX, the 40 -day limit 
for receipt of tenders may be reduced to 
not less than 24 days;  
(c) where a state of urgency duly substantiated 
by the entity renders impracticable the 
periods in question, the  periods specified 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 
(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 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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.  
 Article X  
4. Requests to participate in selective tendering 
procedures may be submitted by telex, telegram or 
facsimile.  
Information on Procuring Entities ' Decisions  
  
[1. [Where a procuring entity has required 
suppliers to apply for recognition that they have 
satisfied the conditions for participation in accordance 
with paragraphs  [], the]CDA,US [A procuring]EC entity 
shall promptly inform all such suppliers of its decision 
and, on request from a supplier, promptly provide it 
with a written explanation of the reasons for the 
procuring entity's decision [to:  
 
(i) accept or reject the supplier's 
application[.]CDA for recognition of 
satisfaction of conditions for participation, or 
for inclusion on a multi -use list ; or 
 
[(ii) cease to recognize a supplier as satisfying 
the conditions for participation for a 
procurement or for inclusion on a multi -use 
list.]EC,SWI] Article VIII  
(f) any supplier having requested to become a 
qualified supplier shall be advised by the 
entities concerned of the decision in this 
regard . Qualified suppliers included on 
permanent lists by entities shall also be 
notified of the termination of any such lists 
or of their removal from them ...;  
 
[Article  IX 
Negotiation  Article  XIV 
Negotiation  
1. A Party may provide for its procuring entities to 
conduct negotiations:  1. A Party may provide for entities to conduct  
negotiations:  
(a) in the context of procurements in which 
they have indicated such intent in the notice 
of intended procurement in paragraph  2 of 
Article  V; or (a) in the context of procurements in which 
they have indicated such intent, namely in 
the notice referred to in paragrap h 2 of 
Article IX (the invitation to suppliers to 
participate in the procedure for the 
proposed procurement) ; or 
(b) where it appears from the evaluation that 
no one tender is obviously the most 
advantageous in terms of the specific 
evaluation criteria set forth in the notices or 
tender documentation.  (b) when it appears from evaluation that no one 
tender is obviously the most advantageous 
in terms of the specific evaluation criteria 
set forth in the notices or tender 
documentation.  
 2. Negotia tions 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 t heir tenders up to the level of other 
participants.]EC,ISR,SWI,C T [NB: Canada, the US and 
Korea believe that this issue is already 
addressed by Articles  XI:2 and XIII:3, and 
suggest to delete this paragraph.]  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 procuring 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 parti cipants is carried out 
in accordance with the criteria set forth in 
the notices and tender documentation;  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity shall transmit, in writing, any 
modifications to the criteria made in the course of 
negotiations to tenderers whose tenders hav e 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 
deadline 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 . Hong Kong, China ; EC; Switzerland ; 
and Korea disagree as they consider that this 
Article is important on the substance and not all 
its elements are found elsewhere.]  4. (b) all modifications to the criteria and to 
the technical requirements are 
transmitted in writing to all remaining 
participants in the negotiations;  
 
(c) all remaining participants are afforded 
an opportunity to submit new or 
amended submissions on the basis of 
the revised requirements ; and 
 
(d) when negotiations are concluded, all 
participants remaining in the 
negotiations shall be permitted to 
submit final tenders in accordance with 
a common deadline.  
Article  X 
Limited Tendering  Article  XV 
Limited Tendering  
1. Provided that it does not use this provision for 
the purpose of avoiding competition among suppliers 
or in a manner that discriminates against suppliers of 
the other Parties, or that protects domestic suppliers, 
a procuring entity may [contac t a supplier or suppliers 
of its choice]CDA,JPN [use a limited tendering 
procedure]EC,US,NOR,SWI and may choose not to apply 
Articles  [...] in the following circumstances : [NB: 
Canada, Japan and the US propose matching the 
Articles in the current Agreement . The EC is still 
considering if all Articles mentioned in the 
current Agreement are relevant.]  
 1. The provisions of Articles  VII through XIV 
governing open and selective tendering procedures 
need not apply in the following conditions,  provided 
that limit ed 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 purpose s of this Agreement:  
 
(c) Limited tendering procedures are those 
procedures where the entity contacts 
suppliers individually, only under the 
conditions specified in Article  XV. 
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) provided that the requirements of the 
tender documentation are not 
substantially modified:  
 
(i) where no tenders were submitted 
or no suppliers applied to meet the 
conditions for participation;  
 
(ii) where no tenders that conform to 
the essential requirements of the 
tender documentation were 
submitted;  
 
(iii) where no suppliers satisfied the 
conditions for participation ; or 
 
(iv) where the tenders submitted have 
been collusive;  Article XV:1  
(a) in the absence of tenders in response to 
an open or selective tender, or when the  
tenders submitted have been collusive, 
or not in conformity with the essential 
requirements in the tender, or from 
suppliers who do not comply with the 
conditions for participation provided for 
in accordance with this Agreement, on 
condition, however, tha t the 
requirements of the initial tender are 
not substantially modified in the 
contract as awarded;  
 
(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 inf ormation.]  
 
(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 
alternative or substitute exists;  
 
(c) for additional deliveries of goods or 
services by the original supplier that are 
intended either as replacement parts, 
extensions, or continuing services for 
existing equipment, software, services or 
installations, where a change of supplier 
would compel the entity to procure 
goods or services [[either]EC not meeting 
requirements of interchangeability wi th 
[or not operable with]EC existing 
equipment, software, services, or 
installations]JPN,KOR,EC [that would : [NB: 
Switzerland notes that the 
relationship between (c)  and (g) 
needs further scrutiny.]  
 
(i) alter the operation or use of the 
existing goods or services ; or 
 
(ii) due to the change of goods or 
services, require existing 
equipment or services to be 
altered;]CDA,US (d) for additional deliveries by the original 
supplier which are intended either as 
parts replacement for existing supplies, 
or installa tions, 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 
equipment" 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 e vents unforeseeable by the 
entity, the products or services could 
not be obtained in time by means of 
open or selective tendering procedures;  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(e) for goods purchased on a commodity 
market ; or (h) for products purchased on a commodity 
market;  
(f) where a procuring entity procures a 
prototype or a first good or service that 
is developed at its request in the course 
of, and for, a particular contract for 
research, experiment, study or original 
development . Original development of a 
first good or serv ice may include limited 
production or supply in order to 
incorporate the results of field testing 
and to demonstrate that the good or 
service is suitable for production or 
supply in quantity to acceptable quality 
standards, but does not include quantity 
production or supply to establish 
commercial viability or to recover 
research and development costs;  
 (e) when an entity procures prototypes or a 
first product or service which are 
developed at its request in the course 
of, and for, a particular contract for 
research, experiment, study or original 
development . When such contracts have 
been fulfilled, subsequent procurements 
of products or services shall be subject 
to Articles  VII through XIV6; 
 
Footnote  
6. Original development of a first product o r 
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 q uantity production 
or supply to establish commercial viability or to 
recover research and development costs.  
(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 co ncerned 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 services may not exceed 
50 per cent  of the amount of the main 
procurement ; [NB: Switzerland, 
Norway and the EC question why 
this should be limited to 
construction.]  (f) when additional construction services 
which were not included in the initial 
contract but which were within the 
objectives of the original tender 
documentation have, through 
unforeseeable circumstances, become 
necessary to complete the construction 
services described therein, and the 
entity needs to award contracts for the 
additional  construction services to the 
contractor carrying out the construction 
services concerned since the separation 
of the additional construction services 
from the initial contract would be 
difficult for technical or economic 
reasons and cause significant 
inconvenience to the entity . However, 
the total value of contracts awarded for 
the additional construction services may 
not exceed 50 % of the amount of the 
main contract;  
 
(h) for new [construction]JPN,CDA,US,KOR 
services consisting of the repetition of 
similar services which conform to a 
basic project for which an initial 
contract was awarded following an 
open or selective procurement 
method and for which the procuring 
entity has indicated in the notice of 
intend ed procurement concerning the 
initial service, that a limited 
procurement method might be used 
in awarding contracts for such new 
services;  (g) for new construction services consisting 
of the repetition of similar construction 
services which conform to a b asic 
project for which an initial contract was 
awarded in accordance with Articles  VII 
through XIV and for which the entity 
has indicated in the notice of intended 
procurement concerning the initial 
construction service, that limited 
tendering procedures m ight be used in 
awarding contracts for such new 
construction services;  
(i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term in the case of 
unusual disposals such as arising 
from liquidation, receiversh ip 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.2  
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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 desig n contract 
being awarded to [a] winner.  (j) in the case of contracts awarded to the 
winner of a design contest provided that 
the contest has been organized in a 
manner which is consistent with the 
principles of this Agreement, notably as 
regards the public ation, 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 desc ribed in paragraph  1 
that justified the use of such procedures.  
 2. Entities shall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph  1. Each report shall contain the name of 
the procuring entity, value and kind of goods  or 
services procured, country of origin, and a statement 
of the conditions in this Article which prevailed . This 
report shall remain with the entities concerned at the 
disposal of the government authorities responsible for 
the entity in order that it may be used if required 
under the procedures of Articles  XVIII, XIX, XX 
and XXII. 
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  XI 
Treatment of Tenders and Contract Awards  Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
Receipt and Opening of Tenders   
 
 1. The submission, receipt and opening of tenders 
and awarding of contracts shall be consistent with the 
following:  
 
(a) tenders shall normally be submitted in 
writing directly or by mail . If tenders by 
telex, telegram or facsimile are 
permitted, the tender made thereby 
must include all the information 
necessary for the evaluation of the 
tender, in particular the definitive price 
proposed by the tend erer 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 
presente d 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 shall 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 con ditions 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 en tity concerned at the disposal 
of the government authorities responsible for the 
entity in order that it may be used if required under 
the procedures of Articles  XVIII, XIX, XX  and XXII.  
2. A procuring entity shall treat tenders in 
confidence at least until the award of the contract.  
 Article XIV  
3. Entities shall treat tenders in confidence . In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
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 prov ide 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 be permitted to give rise to any 
discriminatory practice.  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Awarding of Contracts  
 Award of Contracts  
 
5. To be considered for award, a tender must be in 
writing and must, at the time of opening, comply with 
the essential requirements of the notices and tender 
documentation and be from a supplier that satisfies 
any conditions for participation.  
 4. (a) To be considered for award, a tender 
must, at the time of opening, conform 
to the essential requirements of the 
notices or tender documentation and be 
from a supp lier which complies with the 
conditions for participation. ...  
 
(c) Awards shall be made in accordance 
with the criteria and essential 
requirements specified in the tender 
documentation.  
6. A procuring entity shall not use option clauses in 
a manner that circumvents the provisions of this 
Agreement.  5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
7. Unless a procuring entity determines that it is 
not in the public interest to award a contract, it sha ll 
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 determined to 
be full y 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 forth in the notic es 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,NOR,JPN,SWI  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[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:  
[(a) indicate in the notice of intended 
procurement its intention to require 
that tenders be submitted by 
electronic means;]EC 
(b) ensure that any means and tool s 
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 this 
subparagraph.]  
(c) ensure that all information necessary 
to permit potential suppliers to meet 
the specificat ions 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 to tenders and 
request to participate is prohibited 
and the timing of receipt of tenders 
and request to participa te is 
accurately established.  
3. [A procuring entity that intends to hold an 
electronic auction in a] [A]US covered procurement 
[may be conducted by electronic auction, provided 
that the procuring entity]US shall: [NB: Japan and 
Israel are wondering whethe r the requirements 
of confidentiality allow for the use of electronic 
auction . The EC believes that there is no 
contradiction between the running of an 
electronic auction and requirements of 
confidentiality.]  Article XXIV:8  
Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties sh all consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement . These consultations shall in particular aim 
to ensure that the u se of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly identified and that all 
available information relating to  a 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.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(a) state their intention to use electronic 
auctions in the notice of intended 
procurement; ] [NB: C anada 
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 quanti fiable 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 participant s, 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 basis of the 
most economically advantageous 
tender ; [NB: Canada believes this 
should be located in Article  VII 
relating to evaluation criteria.]  
 
[(d) ensure that electronic auctions 
operate in full accordance with the 
general principles of this Agreement, 
in particula r, equal treatment, 
non-discrimination and 
transparency.]EC 
 
[4. A procuring entity 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,KO R [NB: 
Japan, the US, Korea and the EC suggest to 
include some time -limit for tra ceability . Canada, 
the US and Singapore wonder whether this is 
not addressed in Article  XII:4.]  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  XII 
Transparency of Contract Award Information  Article XVIII  
Information and Review as Regards Obligations of 
Entities  
Information Provided to Suppliers  
  
1. A procuring entity shall promptly inform 
[participating]EC,NOR suppliers [that have submitted 
tenders]CDA,JPN,US,HKC,KOR of the entity's contract award 
decisions [and, on request, in writing].EC,SWI,NO R Subject 
to Article  XIII, a procuring entity shall, on request, 
provide an unsuccessful supplier with an explanation  
of the reasons that the entity did not select its tender 
and the relative advantages of the successful 
supplier's tender.  
 3. Entities shall promptly inform participating 
suppliers of decisions on contract awards and, upon 
request, in writing.  
 
2. Each en tity shall, on request from a supplier of 
a Party, promptly provide:  
 
 (a) an explanation of its procurement 
practices and procedures;  
 
 (c) to an unsuccessful tenderer, pertinent 
information concerning the reasons why 
its tender was not selected and on th e 
characteristics and relative advantages 
of the tender selected as well as the 
name of the winning tenderer.  
  (b) pertinent information concerning the 
reasons why the supplier's application 
to qualify was rejected, why its existing 
qualification was brought to an end and 
why it was not selected ; and 
Publication of Award Information  
  
2. Not later than 72  days after the award of each 
contract covered by this Agreement, a procuring 
entity shall publish a notice in an officially desig nated 
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 ser vices 
procured;  
 (a) the nature and quantity of products or 
services in the contract award;  
(b) the name and address of the procuring 
entity;  (b) the name and address of the entity 
awarding the contract;  
(c) the name and address of the successful 
supplier;  (d) the name and address of winning 
tenderer;  
(d) the value of the successful tender or 
the highest and lowest offers taken 
into account in the award of the 
contract;  (e) the value of the winning award or the 
highest and lowest offer taken into 
account in the award of the contract;  
(e) the date of award ; and (c) the date of award;  
(f) type of procurement method used, and 
in cases where limited tendering was 
used pursuant to Article  [X (Limited 
Tendering) ], a description of the 
circumstances justifying the use of such 
procedure.  (g) the type of procedure used.  
 
(f) where appropriate, means of identifying 
the notice issued under paragraph 1 of 
Article  IX or justification according to 
Article  XV for the use of such 
procedure ; and GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 succes sful 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 tende rs, 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 tenderer 
which is a Party to thi s Agreement may seek, without 
prejudice to the provisions under Article  XXII, such 
additional information on the contract award as may 
be necessary to ensure that the procurement was 
made fairly and impartially . To this end, the procuring 
government shall provide information on both the 
characteristics and relative advantages of the winning 
tender and the contract price . Normally this latter 
information may be disclosed by the government of 
the unsuccessful tenderer provided it exercises this 
right with dis cretion . 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 
unsucce ssful tenderer.  
 
3. Available information concerning procurement 
by covered entities and their individual contract 
awards shall be provided, upon request, to any other 
Party.  
Maintenance of Documentation and Reports  
  
4. Each procuring entity shall maintain 
documentation and reports of tendering procedures 
and contract awards relating to covered procurement, 
including the reports provided for in Article  [X 
(Limited Tendering) ], and shall retain such 
documentation and reports for a period of at least 
three  years from the award of the contract.  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.2  
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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 
deletion of "by categories of 
goods and services according 
to an internationally 
recognized uniform 
classification system" ; this 
should be left optional to 
Members depending on the 
use they may have from these 
statistics.]  
(iii) the number and total value of 
contracts covered by this 
Agreement awarded by each such 
entity under limited tendering;  
[(iv) the total value of contracts 
awarded under derogations to the 
Agreement contained in the 
relevant Annexes.]CDA Article XIX  
5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement . Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
(a) for entities in Annex  1, statistics on the 
estimated value of contr acts 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 ca tegories of 
entities;  
(b) for entities in Annex  1, statistics on the 
number and total value of contracts 
awarded above the threshold value, 
broken down by entities and categories 
of products and services according to 
uniform classification systems ; for 
entities in Annexes  2 and 3, statistics on 
the estimated value of contracts 
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 
categories 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 total value of contracts awarded 
under  derogations to the Agreement 
contained in the relevant Annexes...  . 
(b) For Annex  2 and 3 procuring entities, the 
number and total value of contracts 
covered by this Agreement awarded by 
all such entities, broken down by Annex.  
(c) Where data to be provided under 
subparagraph  [(a) and]EC,US,JPN (b) is not 
available, estimates shall be provided.  5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement . Such 
reports shall conta in the following information with 
respect to contracts 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 b asis 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.2  
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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 Agreement 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 dec ide 
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 f or the submission of the data, with 
any instructions necessary to access and use such 
data.  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  XIII 
Non-Disclosure of Information   
1. Notwithstanding any other provision of the 
Agreement, a Party or a procuring entity may not 
provide information to a particular supplier that might 
prejudice fair competition between suppliers.  
 Article VII  
2. Entities shall not provide to any supplier 
information with regard to a specific procurement in a 
manner which would have the effect of precluding 
competition.  
 
Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest o f 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.  
2. Nothing in this Agreement shall be construed to 
require a Pa rty 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 contrary to the 
public interest.  
 
[except to the exten t 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 rel ease 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.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  XIV 
Developing Countries  Article  V 
Special and Differential Treatment  
for Developing Countries  
1. In negotiations on accession to, and in the 
implementation and administration of, the Agreement, 
the Parties shall take special consideration of 
developing countries' and least -developed countries' 
(collectively referred to hereafter as "developing 
countries") 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 i mplementation of the 
procedural obligations of the Agreement under 
paragraph  5. As provided for in this Article, the 
Parties[:  
(a)]US,JPN shall accord special and 
differential treatment to[ : (a)]EC,NOR,SWI 
least-developed countries [and [other] 
developing countries]SWI,ISR,KOR[.]ISR,KOR[; 
and 
 
(b) [may accord such treatment to]US any 
other developing country [, where and 
to the extent that [the Parties determine 
that]US [this]EC,NOR special and 
differential treatment [is necessary for 
that country's]US [meets its]EC,NOR 
[responds to its]JPN development 
needs.]EC,US,SWI,JPN,NOR,ISR 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, fi nancial and trade needs 
of developing countries, in particular least -developed 
countries, in their need to : ... 
 
 1. (a) safeguard their balance -of-payments 
position and ensure a level of reserves 
adequate for the implementation of 
programmes of economic development;  
[bearing in mind the importance attached to the 
concept of development, in particular as it refers to 
small and medium enterprises from developing 
countries, the Parties shall give due consideration to a 
request by a developing count ry 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.2  
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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 t hat a developed 
country Party has negotiated with an acceding 
developing country, the]SWI,US,JPN [Each]EC,NOR 
developed country Party shall provide immediately to 
the goods, services and suppliers of the acceding 
developing country the most favourable trea tment 
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 total exclusion of  a 
specific sector or entities]EC,US,JPN [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. 2. Consistently w ith the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, facilitate 
increased imports from developing countries, bearing 
in mind the special problems of  least-developed 
countries and of those countries at low stages of 
economic development.  
Coverage  
3. ... Developed countries, in the preparation of 
their coverage lists under the provisions of this 
Agreement, shall endeavour to include entities 
procuring p roducts 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 originat ing 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, with 
respect to product s or services originating in those 
countries.  
3. Based on its development needs, and with the 
agreement of the Parties, a developing country may 
[adopt or]EC,US retain [transitional] measures with a 
phase -out schedule set out in an Annex to its 
Appendix  I upon its accession to the Agreement 
during an agreed -upon transition period . Such 
measures may include:  
(a) price preference programmes, provided 
that the price preference programme:  
(i) provides a preference only for the 
part of the tender inco rporating 
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 applicati on 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 negotiatio ns under this Agreement 
mutually acceptable exclusions from the rules on 
national treatment with respect to certain entities, 
products or services that are included in its coverage 
lists, having regard to the particular circumstances of 
each case . In such negotiations, the considerations 
mentioned in subparagraphs  1(a) through 1(c) shall 
be duly taken into account . A developing country 
participating in regional or global arrangements 
among developing countries referred to in 
subparagraph  1(d) may also negot iate 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 o r services which may be 
subject to common industrial development 
programmes.  GPA/TN1994/4/Rev.2  
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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 [and fair]JPN 
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 
process and not as criteria for awarding contracts . 
Conditions shall be objective, clearly defined and 
non-discriminatory . They shall be set forth in the 
country's Appendix I and may include precise 
limitati ons on the imposition of offsets in any contract 
subject to this Agreement . The existence of such 
conditions shall be notified to the Committee and 
included in the notice of intended procurement and 
other documentation.  
[(c) 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,CDA the partial or total 
exclusion of a specific sector or entities.  
 Article V  
 
3. With a view to ensuring th at developing 
countries are able to adhere to this Agreement on 
terms consistent with their development, financial 
and trade needs, the objectives listed in paragraph  1 
shall be duly taken into account in the course of 
negotiations with respect to the proc urement of 
developing countries to be covered by the provisions 
of this Agreement. ...  
[4. The agreed -upon transition period shall not 
exceed 10  years for developing countries and 
20 years for least -developed countries.]EC  
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]US,CDA,JPN the Agreement,  
 
provided that the developing country [Party] complies 
with Article  III [[ national treatment and ]EC 
non-discrimination ]. [NB: Canada suggests to 
delete this last part of the paragraph.]   
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 apply an implementation peri od under 
paragraph  5 shall list in an Annex to its Appendix  I the 
implementation period[, and where applicable, specific 
procedural obligations and any interim measures that 
it will take with regard to those obligations]SWI,US,CDA,EC.  
8. After the Agreem ent 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,SWI,KOR 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 i s consistent with paragraph  3. 
[NB: Hong Kong, China suggests to 
review this subparagraph in the 
light of the final 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 its development, financial and trade 
needs, or may request the Committee on 
Government Procurement (hereinafter referred to as 
"the Com mittee") 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 information as may be necessary 
for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
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 obligat ions at the end of any transitional 
period . The Party shall notify the Committee of such 
steps, including any special technical cooperation 
needs.   
 GPA/TN1994/4/Rev.2  
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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 Develo ping 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 problems in the field of government 
procurement.  
 
9. This assistance,  which shall be provided on the 
basis of non -discrimination among developing country 
Parties, shall relate, inter alia, to: 
 
- the solution of particular technical 
problems relating to the award of a 
specific contract; and  
 
- any other problem which the Pa rty 
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 explanation 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 potential tenderers in least -developed 
countries in submitting their tenders and selecting th e 
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 subje ct 
of the intended procurement.  
[11. Each [developed]JPN Party shall establish a 
contact point to respond to reasonable requests from 
a developing country Party for information related to 
the Party's efforts to fully benefit from its participation 
in the Agreement . Such information may include 
information relat ing to procurements plans, 
procedures or requirements with respect to covered 
procurement.]US,SWI,JPN,KOR 
 Information Centres  
 
11. Developed country Parties shall establish, 
individually or jointly, information centres to respond 
to reasonable requests fr om developing country 
Parties for information relating to, inter alia, laws, 
regulations, procedures and practices regarding 
government procurement, notices about intended 
procurements which have been published, addresses 
of the entities covered by this Ag reement, 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.  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
12. The GPA Committee shall review the operation 
and effectiv eness 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 Parties, shall carry out a 
major review in order to evaluate its effects . As part 
of the three -yearly reviews and with a view to 
achieving  the maximum implementation of the 
provisions of this Agreement, 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  
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 i ndispensable for 
national security or for national defence purposes.  1. Nothing in this Agreement shall be construed to 
prevent any Party from taking any action or not 
disclosing any information which it considers necessary 
for the protection of its essent ial security interests 
relating to the procurement of arms, ammunition or 
war materials, or to procurement indispensable for 
national security or for national defence purposes.  
2. Subject to the requirement that such measures 
are not applied in a manner t hat 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 o r 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 sa me 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shall 
be construed to prevent any Party from imposing or 
enforcing measures : necessary to protect public 
morals, order or safety, human, animal or plant life  or 
health or intellectual property ; or relating to the 
products or services of handicapped persons, of 
philanthropic institutions or of prison labour.  
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to protect 
human, animal or plant life or health]CDA,US [or natural 
resources].CT]US,CDA,C T [NB: Hong Kong, China ; 
Korea; the EC ; and Japan considered this 
paragraph not necessary, given 
paragraph  2(b).]   
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. [Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to untying of such 
aid, this Agreement does not apply to procurement 
made in furtherance of tied aid to developing countries 
so long as it is practised by Parties.]SWI,JPN,KO R [NB: 
Location needs to be reconsidered . Norway 
proposes to delete this paragraph. ] [Market 
Access Issue ] 
 Notes  
 
Article  1, paragraph  1 
 
 Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to the untying of 
such aid, this Agreement does not apply to 
procurement made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.  
[Article  XVI 
Modifications  and Rectifications to Coverage  
[NB: Parties are still reviewing this compromise 
language proposed by the United States.]   
Notification of Proposed Modification   
1. A Party shall notify the Committee [of]US any 
rectification, transfer of an entity from one Annex to 
another, withdrawal [of an entity]US, or other 
modification (referred to generally in this Article as 
"modification") of Appendices I through IV . The 
Committee shall circulate the notification to the Parties 
to the Agreement . The Party proposing the 
modification ("modifying Party") shall include in the 
notification:  
 
(a) for proposed [withdrawals of an entity 
from]US [modifications, of]EC Appendix I 
[in exercise of its rights]JPN [in the 
exercise o f a Party's right]EC on the 
grounds that government control or 
influence [over it]US has been effectively 
eliminated[, including by virtue of 
liberalisation]EC, evidence that such 
government control or influence has 
been effectively eliminated, including 
information that addresses, as 
appropriate, the indicative criteria 
developed by the Committee in 
accordance with paragraph [10] ; or 
 
(b) for other proposed modifications, 
information as to the likely consequences 
of the change for the mutually agreed 
cover age provided in this Agreement[, as 
appropriate]JPN. Article XXIV  
6. Rectifications or Modifications  
(a) Rectifications, transfers of an entity 
from one Annex to another or, in 
exceptional cases, other modifications 
relating to Appendices I through IV shal l 
be notified to the Committee, along with 
information as to the likely 
consequences of the change for the 
mutually agreed coverage provided in 
this Agreement. ... 
(b) Where a Party wishes, in exercise of its 
rights, to withdraw an entity from 
Appendix I on the grounds that 
government control or influence over it 
has been effectively eliminated, that 
Party shall notify the Committee. …  
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
2. Where a Party whose rights under this 
Agreement may be affected (referred to in this Article 
as an "affected Party") by a proposed modification 
notified under paragraph 1 submits to the Committee 
an objection in writing to the proposed modification 
within [45]US,CDA[30]KOR days, the  Committee shall 
circulate the objection, and the modifying Party and the 
affected Party [shall]US,KOR,JPN [may]EC seek to resolve 
the objection through consultations . In such 
consultations, the Parties concerned shall consider the 
proposed modification an d, in the case of a notification 
under paragraph 1(b), any claim for compensatory 
adjustments[, as appropriate]JPN, with a view to 
maintaining a balance of rights and obligations and a 
comparable level of mutually agreed coverage provided 
in this Agreement  prior to such notification.2 
 
3. If no Party submits to the Committee an 
objection in writing to the proposed modification within 
[45]US,CDA[30]KOR days, the proposed modification shall 
become effective[.]EC [[30] days after the end of the 
[45]US,CDA[30]KOR-day period.]US 
  6. Rectifications or Modifications  
 
(a) ... If the rectifications, transfers or 
other modifications are of a purely 
formal or minor nature, they shall 
become effective provided there is no 
objection within 30 days . In other 
cases, the Chairman of the Committee 
shall promptly convene a meeting of 
the Committee . The Committee shall 
consider the proposal and any claim for 
compensatory adjustments, with a view 
to maintaining a balance of rights and 
obligations and a comparable level of 
mutually agreed coverage provided in 
this Agreement prior to such 
notification . In the event of agreement 
not being reached, the matter may be 
pursued in accordance with the 
provisions contained in Article XXII.  
 
(b) ... Such modification shall become 
effectiv e the day after the end of the 
following meeting of the Committee, 
provided that the meeting is no sooner 
than 30  days from the date of 
notification and no objection has been 
made….  
Arbitration  
 
4. If the [modifying Party and those]EC Parties [who 
have objected]EC [participating in consultations under 
paragraph 2]US are [not]US [un]ECable to reach 
agreement within [120] days from the date of 
circulation of the [first]EC objection [or at any earlier 
date agreed by the Parties]KOR, [any objecting]EC [the 
modifying]US Party may refer the matter to arbitration[, 
by notifying the Chairman of the GPA Committee]EC. [If 
no objecting party refers the matter to arbitration 
within 120 days from the date of circulation of the first 
objection, the p roposed modification shall become 
effective.]EC Where a proposed modification has been 
referred to arbitration, any affected Party [which has 
submitted an objection and]EC that wishes to enforce a 
right [to compensation]EC that it may have must 
participate  in the arbitration. If the Parties participating 
in the arbitration cannot agree on an arbitrator within 
10 days after referring the matter to arbitration, the 
Director -General shall appoint the arbitrator within 
10 days, after consulting the Parties.3 
 
[4bis. Arbitration pursuant to this Article shall be the 
exclusive means to resolve any dispute arising with 
respect to the conformity of a proposed modification 
with this Article, the level of compensatory adjustment 
necessary to maintain the balance of r ights and 
obligations and a comparable mutually agreed coverage 
provided in this Agreement consequent upon a 
modification made pursuant to this Article, or the 
withdrawal of substantially equivalent benefits pursuant 
to paragraph [9].]EC,KOR 
 6. Rectificat ions or Modifications  
 
(a) ... In the event of agreement not being 
reached, the matter may be pursued in 
accordance with the provisions 
contained in Article XXII.  
 
(b) … In the event of an objection, the 
matter may be pursued in accordance 
with the procedures on consultations 
and dispute settlement contained in 
Article  XXII. In considering the 
proposed modification to Appendix I 
and any consequential compensatory 
adjustment, allowance shall be made 
for the market -opening effects of the 
removal of gov ernment control or 
influence.  
 
2 [Negotiator's note:  The Parties may need to consider how implementati on would proceed in the event 
that the modifying Party and the objecting Party are able to resolve the dispute through consultations.]  
3 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.  
[Arbitrators shall be  drawn from the same body of persons eligible to serve as panellists under the GPA.]EC GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. In the case of a proposed [withdrawal]US 
[modification]EC under paragraph 1(a), the arbitrator 
shall determine whether government control or 
influence [over the entity proposed to be withdrawn]US 
has been effectively eliminated. [The modifying Party 
shall have the burden of making a prima facie  case 
demonstratin g that government control or influence 
over the entity has been effectively eliminated.]US,NOR [If 
the arbitrator determines that government control or 
influence has been effectively eliminated, the modifying 
party may implement the proposed modification 
without providing any compensatory adjustment. If the 
arbitrator determines that government control or 
influence has not been effectively eliminated, the 
modifying party may implement the proposed 
modification by offering adequate compensatory 
adjustment. T he modifying party may request 
arbitration to determine the level of compensatory 
adjustment to be offered. The arbitrator's 
determination shall be issued within 60 days from the 
request for arbitration.]EC 
 
6. In the case of any other proposed modificatio n, 
the arbitrator shall determine the level of compensatory 
adjustments necessary to maintain the balance of 
rights and obligations and a comparable level of 
mutually agreed coverage provided in the Agreement 
[also determine whether the proposed modificati on is of 
a purely formal or minor nature]JPN. [Each Party 
participating in the arbitration shall bear the burden of 
proving what it believes to be the appropriate level of 
compensatory adjustments.]US  
7. The arbitrator [normally]US shall issue [its]US [a 
reasoned]EC determination [and a report of the reasons 
therefore]US to the Parties to the arbitration and to the 
Committee within [90] days of the appointment of the 
arbitrator . The Committee shall promptly circulate the 
determinati on to the Parties to the Agreement.  
 
[7bis. Any party to the arbitration may appeal issues of 
law or legal interpretation developed by the arbitrator 
within 30 days of the circulation of the determination to 
the Parties to the Agreement . The provisions of the 
DSU on appeal shall apply mutatis mutandis  to an 
appeal brought under this provision . The arbitrator's 
report, as modified by the Appellate Body, shall be 
promptly circulated to the Parties to the Agreement.]EC 
 
8. Where an affected Party has [referred  the 
matter to arbitration]EC [objected to the proposed 
modification and the Parties concerned have not 
resolved the objection through consultations]US, the 
modifying Party may implement its proposed 
modification only after the [arbitrator issues its 
deter mination and only in a manner that is consistent 
with the findings of the arbitration]US [arbitration is 
complete]EC. 
  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
9. If the modifying Party implements its proposed 
modification before the [arbitrator issues its 
determination]US [arbitration is complete]EC or 
implements such modification in a manner that is 
inconsistent with the findings of the arbitration [and 
otherwise fails to offer adequate compensatory 
adjustment]EC, any affected Party that participated in 
the arbitration ma y [modify or withdraw substantially 
equivalent benefits]EC [adjust its coverage in order to 
restore the balance of rights and obligations and a 
comparable level of coverage]US.4 [Notwithstanding 
Article [III], t]EC[T]UShe affected Party shall implement 
the modification solely with respect to the modifying 
Party and shall promptly notify the Committee of the 
modification.  
 
[9bis. The modifying Party may request arbitration to 
determine the level of substantially equivalent benefits 
to be withdrawn pursuant to paragraph [9]. Any 
modification or withdrawal of benefits shall be 
consistent with the arbitrators' determination. Any such 
determination shall be issued within 60 days from the 
request for arbitration.]EC  
 
 
4 [Negotiator's note: The Parties may wish to clarify what recourse the modifying Party has if it objects 
to the adjustment of the affected Party.]  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Committee Responsibilities  
 
[10. The Committee shall develop [working 
procedures for arbitrations under this Article]US,EC[,]EC 
[and]US criteria that indicate the effective elimination 
of government control or influence over an entity[, 
and criteria that indicate how to determine the level of 
compensatory adjustment to be offered for 
modifications made pursuant to this 
provision]EC.]US,EC ,CDA  
Article  XVII  
Challenge Procedures  Article XX  
Challenge Procedures  
[Consultations between the Procuring Entity and 
Supplier  
 
1. In the event of a complaint by a supplier that 
there has been a breach of [another Party's measures 
implementing]US this Agreement arising in the context 
of a covered procurement in which the supplier has, 
or has had, an interest, each Party shall encourage 
the procuring entity and supplier to seek resolution of 
the complaint through consultations . The procuring 
entity shall accord impartial and timely consideration 
to any such complaint in a manner that is not 
prejudicial to [the supplier's participation in ongoing 
or future procurement]US,CDA,JPN,KOR the supplier's rights 
to seek corrective measures un der 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 
consultatio n with the procuring entity . In such 
instances the procuring entity shall accord impartial 
and timely consideration to any such complaint, in a 
manner that is not prejudicial to obtaining corrective 
measures under the challenge system.  
 
Challenge  
 
2. Each Party shall provide timely, effective, 
transparent and non -discriminatory means for a 
supplier to challenge an alleged breach of this 
Agreement arising in the context of a covered 
procurement, in which it has, or has had, an interest[, 
without prejudice t o the supplier's participation in 
ongoing or future procurements].US,CD A 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 known 
or reasonably should have become known to the 
supplier.  [NB: Hong Kong, China believes that the 
time-period allowed for submitting a bid 
challenge should be specified.]  5. The interested supplier may be required to 
initiate a challenge procedure and notify the 
procuring entity within specified time -limits from the 
time when the basis of the complaint is known or 
reasonably should have been known, but in no case 
within a period of less than 10 days.  
 
4. Each Party shall establish or designate at least 
one 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.  
 
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 cour t 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:  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the procuring entity shall respond in writing 
to the com plaint and disclose all relevant 
documents to the review body;  (g) documents are disclosed to the review 
body.  
 
(e) opinions or decisions are given in writing 
with a statement describing the basis for 
the opinions or decisions;  
(b) the participants to the proceedings shall 
have the right to be heard prior to a 
decision of the review body being made on 
the complaint;  (a) participants can be heard before an opinion 
is given or a decision is reached;  
(c) the participants to the proceedings  shall 
have the right to be represented and 
accompanied;  (b) participants can be represented and 
accompanied;  
(d) the participants to the proceedings shall 
have access to all proceedings[, subject to 
Article  XIII (Non-Disclosure of 
Information)]US; (c) participants shall have access to all 
proceedings;  
(e) the participants to the proceedings shall 
have the right to request that the 
proceedings take place in public[, subject to 
Article  XIII (Non-Disclosure of 
Information),]US,JPN and that witnesses may 
be presented ; and (d) proceedings can take place in public;  
(f) [decisions or]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 provide for:  7. Challenge procedures shall provide for:  
(a) rapid interim measures[, pending the 
resolution of a complaint,]US,CDA [to correct 
breaches of the Agreement and]JPN,EC to 
preserve the supplier's opportunity to 
participate in the procurement . Such 
interim meas ures may result in suspension 
of the procurement process[.]EC,SGP,JPN [, 
including contract award or the 
performance of a contract that has already 
been awarded.]US,CD A 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 
correc t breaches of the Agreement 
and" since such 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, jus t 
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.2  
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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,IS R [The provisions of 
Article  XXII and XXIII of GATT[, except 
Article  XXIII:1[(b) and]NOR(c),]US,NOR as elaborated and 
applied by th e Understanding on Rules and Procedures 
Governing the Settlement of Disputes under the WTO 
Agreement (Dispute Settlement Understanding) 
[shall] apply to consultations and the settlement of 
disputes under this Agreement, except as otherwise 
specifically pro vided 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 spe cifically provided 
below.  
 
[2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that the 
attainment of any objective of this Agreement is being 
impeded as the result  of the failure of another Party 
or Parties to carry out its [or their]CT obligations under 
this Agreement, [or the application by another Party 
or Parties of any measure, whether or not it conflicts 
with the provisions of this Agreement,]CDA,KOR,JPN it may 
with a view to reaching a mutually satisfactory 
resolution of the matter, [request consultations.]EC,CDA 
[make written representations or proposals to the 
other Party or Parties which it considers to be 
concerned . Such action [must]CDA [shall] be promptl y 
notified to the Dispute Settlement Body established 
under the Dispute Settlement Understanding 
(hereinafter referred to as "DSB"), as specified below . 
Any Party thus approached shall give sympathetic 
consideration to the representations or proposals 
made  to it.]KOR,CDA,JP N [Whenever a Party to this 
Agreement 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 circulation of the request for 
consultations under this paragraph, of its desire to be 
joined in such consultations.]EC,JP N [NB: Japan and 
the EC indicated that further thinking should be 
devoted to avoiding that third Parties be entit led 
to join consultations in the context of disputes 
related not only to the GPA but also to other 
WTO Agreements . Japan indicated that the DSU 
renegotiations still need to address the whether 
the standard should be "substantial trade 
interest".]  2. If 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 a nother 
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 satisfact ory resolution of 
the matter, make 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 
Underst anding (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.2  
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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 impleme ntation of rulings 
and recommendations, and authorize suspension of 
concessions and other obligations under this 
Agreement or consultations regarding remedies when 
withdrawal of measures found to be in contravention 
of the Agreement is not possible, provid ed that only 
Members of the WTO Party to this Agreement shall 
participate in decisions or actions taken by the DSB 
with respect to disputes under this Agreement.  
4. [In the case of a dispute in which provisions 
both of this Agreement and of one or more ot her 
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 t his 
Agreement]KOR,JPN,CT [only Members of the WTO that 
are Party to this Agreement [shall] [may]CDA 
participate in decisions or actions taken by the 
Dispute Settlement Body with respect to those parts 
of the dispute concerning this 
Agreement].US,CDA]KOR,JP N,CT,US,SWI,CD A [A Member of the 
WTO may seek to join in consultations pertaining to 
this Agreement, pursuant to Article  4.11 of the DSU, 
only if that Member is also a Party to this 
Agreement.]US 4. Panels shall have the following terms of 
reference unless  the parties to the dispute agree 
otherwise within 20 days of the establishment of the 
panel:  
 
"To examine, in the light of the relevant 
provisions of this Agreement and of (name of 
any other covered Agreement cited by the 
parties to the dispute), the matter referred to the 
DSB by (name of party) in document ... and to 
make such 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 Agreements 
listed in Appendix  1 of the Dispute Settlement 
Understanding are invoked by one of the parties to 
the dispute, paragraph 3 shall apply only to those 
parts of the panel report concerning the 
interpretation and  application of this Agreement.  
[5. [Each p]CDA[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  
6. [Every effort shall be made to accelerate the 
proceedings to the greatest extent possible.]KOR,JPN,CT,U S 
[Notwithstanding the provisions of paragraphs  8 and 9 
of Article  12 of the Dispute Settlement Understanding, 
the panel shall attempt]CDA,JPN,CT [Where the dispute 
concerns the award of a specific procurement the 
panel shall aim,]EC,SWI to provide its final report to the 
partie s to the dispute not later than [three months]EC 
[four months, and in case of delay not later than 
seven months,]CDA,JPN,CT, after the date on which the 
composition and terms of reference of the panel are 
agreed . Consequently, every effort shall be made to  
reduce also the periods foreseen in paragraph  1 of 
Article  20 and paragraph  4 of Article  21 of the Dispute 
Settlement Understanding by 
[two]CDA,JPN,CT [three]EC months . M oreover, 
notwithstanding the provisions of paragraph  5 of 
Article  21 of the DSU, the panel shall attempt to issue 
its decision, in case of a disagreement as to the 
existence or consistency with a covered Agreement of 
measures taken to comply with the recommendations 
and rulings, within 60  days.]EC,JPN,CT 6. Every effort shall be made to ac celerate 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 late r than 
four months, and in case of delay not later than 
seven months, after the date on which the 
composition and terms of reference of the panel are 
agreed . Consequently, every effort shall be made to 
reduce also the periods foreseen in paragraph 1 of 
Article 20 and paragraph 4 of Article 21 of the 
Dispute Settlement Understanding by two months . 
Moreover, notwithstanding the provisions of 
paragraph 5 of Article 21 of the Dispute Settlement 
Understanding, the panel shall attempt to issue its 
decision, in ca se 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.2  
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[6bis. (a) In the communication referred to in 
Article  [21.3] of the DSU, the Party 
concerne d 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 compensation.  
 
 (b) Any Party which has entered into such 
consul tations, 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 request for arbitration has 
been made, the Party concerned sha ll, 
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 been 
requested, the Party concerned shall 
submit such a proposal within 30  days 
of the award of the arbitrator . Any such 
proposal shall be consistent with the 
award of the arbitrator.  
 
 (e) Such arbitration shall be carried out by 
the original panel, if members are 
available, or by an arbitrator, which 
term sha ll be interpreted as referring to 
an individual or a group, appointed by 
the Director -General and shall be 
completed within 60  days after the 
request for arbitration.  
 
 (f) If no proposal for compensation has 
been submitted within the periods 
referred to i n 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  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[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 
Agreemen t shall not result in the suspension of 
concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligations under any other 
Agreement listed in the said 
Appendix  1.]CDA,KOR,JPN,US,CT,ISR 7. Notwithstanding paragraph 2 of Article 22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix 1 to 
the Dispute Settlement Understanding other than this 
Agreement shall not  result in the suspension of 
concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligations under any other 
Agreement listed in the said Appendix 1.  
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 elect 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 objectives, and to 
carry out such other responsibilities as may be 
assigned to it by the Parties.  
2. The Committee may establish working parties 
or other subsidiary bodies that shall carry out such 
functions as may be given to them by the Committee.  2. The Committee may establish working partie s 
or other subsidiary bodies which shall carry out such 
functions as may be given to them by the Committee.  
 GPA/TN1994/4/Rev.2  
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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 Agreement 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 re ferred to in 
paragraph  8 of Article  IX (summary of 
the notice of intended procurement) 
which is published in an official 
language of the WTO, an indication of 
the terms and conditions under which 
tenders shall be entertained from 
suppliers situated in coun tries 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 
redre ss. 
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 t hey 
so inform the Parties to participate in the Committee 
as observers.  
 
 GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  XX 
Final Provisions  Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter force on  [] for 
those WTO Members whose agreed coverage is set 
out in Annexes  1 through  5 of Appendix  I, and which 
have, by signature, accepted this Agreement on  [], or 
have, by or on that date, signed the Agreement 
subject to ratification and have subsequently ratif ied 
the Agreement before  []. 
 1. Acceptance and Entry into Force  
 
This Agreement shall enter into force on 
1 January  1996 for those governments8 whose agreed 
coverage is contained in Annexes 1 through 5 of 
Appendix I of this Agreement and which have, by 
signature, accepted the Agreement on 1 5 April 1994 or 
have, by that date, signed the Agreement subject to 
ratification and subsequently ratified t he Agreement 
before 1 January  1996. 
 
Footnote  
8. For the purpose of this Agreement, the term 
"government" is deemed to include the competent 
authorities of the European Communities.  
Transitional Arrangements  
 3. Transitional Arrangements  
 (a) Hong Kong and Korea may delay 
application of the provisions of this 
Agreement, except Articles  XXI 
and XXII, to a date not later than 
1 January  1997. The commencement 
date of their application of the 
provisions, if prior to 1  January  1997, 
shall be notifie d to the Director -General 
of the WTO 30 days in advance.  
 
(b) During the period between the date of 
entry into force of this Agreement and 
the date of its application by Hong  Kong, 
the rights and obligations between Hong 
Kong and all other Parties to this 
Agreement which were on 15  April 1994 
Parties to the Agreement on 
Government Procurement done at 
Geneva on 12  April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by the 
substantive provisions of the 1988 
Agreement, including i ts 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.2  
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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 s ettlement under this 
Agreement, which provisions are 
hereby incorporated in the Agreement 
by reference for that purpose . These 
provisions shall be applied under the 
auspices of the Committee under this 
Agreement.  
 
(e) Prior to the date of entry into force of 
the WTO Agreement, references to 
WTO bodies shall be construed as 
referring to the corresponding GATT 
body and references to the 
Director -General of the WTO and to the 
WTO Secretariat shall be construed as 
references to, respectively, the 
Director -Gener al to the CONTRACTING 
PARTIES to G ATT 1947 and to the GATT 
Secretariat.  
Accession  
 2. Accession  
3. Any Member of the WTO that is not a Party to 
this Agreement may accede to this Agreement on 
terms to be agreed  between that Member and the 
Parties . Accession shall take place by deposit with the 
Director -General of the WTO of an instrument of 
accession tha t 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.  
National Legislation  
 
5. Each Party shall ensure, not later than the date 
of entry into for ce of this Agreement for it, the 
conformity of its laws, regulations and administrative 
procedures, and the rules, procedures and practices 
applied by its procuring entities, with the provisions of 
this Agreement.  
 5. National  Legislation  
 
(a) Each government accepting or acceding 
to this Agreement shall ensure, not later 
than the date of entry into force of this 
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 administra tion 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 . The Committee shall 
annually inform the General Council of 
the WTO of developments during the 
periods covered by such reviews . GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[7bis. Not later than the end of the tenth  year from 
the date of entry into force of this Agreement, and 
periodically thereafter, the Parties thereto shall 
undertake further negotiations, with a view to 
improving this Agreement [and achieving the greate st 
possible extension of its coverage among all Parties]EC 
[without prejudice to the needs of developing 
countries]ISR.]EC,IS R [NB: H ong Kong, China 
suggested deleting "and achieving the greatest 
possible extension of its coverage among all 
Parties", since "with a view to improving this 
Agreement" is already general and fine .] (b) Not later than the end of the third year 
from the date of entry into force of this 
Agreement and periodically thereafter, 
the Parties thereto shall undertake 
furthe r negotiations, with a view to 
improving this Agreement and 
achieving the greatest possible 
extension of its coverage among all 
Parties on the basis of mutual 
reciprocity, having regard to the 
provisions of Article  V relating to 
developing countries.  
 
Article V 
15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph  7 of 
Article  XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its econ omic, 
financial and 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 Ag reement on 
Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organization and 
negotiations regarding trade in services, the Parties 
shall take the results of that work programme and 
those negotiations into account in amending Articl e [] 
as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules of origin 
for goods to be undertaken under the Agreement on 
Rules of Origin in Annex 1A of the Agreement 
Establishing the World Trade Organization 
(hereinafter referred to as "WTO Agreement") and 
negotiations regarding trade in services, Parties shall 
take the results of that work programme and those 
negotiations into account in amending paragraph  1 as 
appropriate.  
9bis. [Not later than  the end of the third year from 
the date of entry into force of this Agreement, the 
Committee shall undertake further work to establish a 
common nomenclature for describing the subject of 
procurement notices and common standardized 
notices in view of impro ving the effectiveness of cross 
border procurement and simplifying the description 
and content of such notices.]EC  
Amendments  
 
10. The Parties may amend this Agreement having 
regard, inter alia , to the experience gained in its 
implementation . Such an amendment, once the 
Parties have concurred in accordance  with the 
procedures established by the Committee, shall [take 
effect for the 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,KOR 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.  GPA/TN1994/4/Rev.2  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 upon such notification request an 
immediate meeting of the Committee.  
12. If a Party to this Agreement ceases to be a 
Member of the WTO, it shall cease to be a Part y 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 shal l 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 paragraph  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 t hereof 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 Nations.  
Done at [] this [] day of [] in a single copy in the 
English, French and Spanish la nguages, 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.2  
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  TABLE LISTING THE PROVISION S IN THE 1994  AGREEMENT WITH  
THE CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT  
PROVISION IN THE GPA 1994  
(NUMBERING ) CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (N UMBERING ) 
Preamble  Preamble  
first line ("Parties to this Agreement...")  first line ("Parties to this Agreement...")  
recital 1 ("Recognizing...")  recital 1 ("Recognizing...")  
recital 2 ("Recognizing...")  recital 2 ("Recognizing...")  
recital 3 ("Recognizing...")  recital 6 ("Recognizing...")  
recital 4 ("Recognizing...")   
recital 5 ("Recognizing...")  recital 5 ("Recognizing...")  
recital 6 ("Desiring...")   
recital 7 ("Desiring...")  recital 7 ("Desiring...")  
penultimate line ("Having undertaken...")  penultimate line ("Having undertaken...")  
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2 (c) -(d) 
footnote 1, entire  Article II:3  
footnote 1, second sentence ("Relevant thresholds...")  Article II:2 bis 
paragraph 2  Article II:2(e)  
paragraph  3 Article  II:5 
paragraph  4 Article II:2(b)  
Article II:2bis 
Article II  
Valuation of Contracts   
paragraph  1 Article II:6 chapeau  
footnote 2  Article II:2(b)  
Article II:2bis 
Article II:6 chapeau  GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING ) CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (N UMBERING ) 
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)   
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  GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING ) CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (N UMBERING ) 
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  
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  GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING ) CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (N UMBERING ) 
subparagraph 3(c)  Article I, definition of limited tendering  
Article X:1  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII :[[General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA]:1 
paragraph (a)   
paragraph (b), first sentence  Article VIII: [[General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA]:1 
paragraph (b), second sentence  Article VIII: [[General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA]:2 
Article VIII: [[General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA]:2bis 
paragraph (c), first sentence  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:4 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:5 
 GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph (c), second sentence  Article I, definition of qualified supplier  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:4 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:5 
paragraph (c), third sentence  Article VIII: [Multi-Use Lists ]:6(c) 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:4 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:5 
paragraph (d)  Article VIII: [Multi-Use Lists ]:3 
paragraph (e)  Article VIII: [Multi-Use Lists ]:6(c) 
paragraph (f), entire  
 
paragraph (f), second sentence  Article VIII : Article VIII: [Information of Procuring 
Entities' Decisions] :1 
Article VIII: [Multi-Use Lists ]:1(d) 
paragraph (g)  Article VIII: [Multi-Use Lists ]:5 
paragraph (h)  Article VIII: [[General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA]:3 
Article IX  
Invitation to Participate Regarding Intended  
Procurement   
paragraph 1  Article V:1  
Article VIII:[ Multi-Use Lists ]:4 
paragraph 2  Article V:1  
paragraph 3  Article V:5  
Article VIII : [Multi-Use Lists ]:6 chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII: [Multi-Use Lists ]:6(a) and (b)  
Article IX [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:2 
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a), first clause ("the nature and 
quantity")  Article V:2(b) chapeau  
subparagraph 6(a), second clause ("including... 
exercised")  Article V:2(b), second tiret  
Article V:2[(c)]CDA,NOR,US 
subparagraph 6(a), third clause ("in the case... 
procured")  Article V:2(b), third tiret  
subparagraph 6(b)  Article V:2[(d)]EC[(e)]CDA,NOR,US GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(c)  Article V:2 [(c)]EC[(d)]CDA,NOR,US 
subparagraph 6(d)  Article V:2 [(e)]EC[(f)]CDA,NOR,US 
Article V:2 [(f)]EC[(g)]CDA,NOR,US 
subparagraph 6(e)  Article V:2(a)  
subparagraph 6(f)  Article V:2 [(g)]EC[(h)]CDA,NOR,US 
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)  Article V:2(b), first tiret  
paragraph 7  Article V:4  
paragraph 8, entire  
paragraph 8 chapeau  
subparagraph 8(a)  
subparagraph 8(b)  
subparagraph 8(c)  Article V:3  
Article V: 3 chapeau  
Article V: 3(a) 
Article V: 3(b) 
Article V: 3(c) 
paragraph 9 chapeau  Article VIII:[ Multi-Use Lists ]:1 chapeau  
subparagraph 9(a)  Article VIII: [Multi-Use Lists ]:1(a) 
subparagraph 9(b)  Article VIII: [Multi-Use Lists ]:1(b) 
subparagraph 9(c)  Article VIII : [Multi-Use Lists ]:1(d) 
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article VIII: [Multi-Use Lists ]:6 chapeau  
paragraph 9, final paragraph ("However, when...")  Article VIII:[ Multi-Use Lists ]:2 
paragraph 10  Article VII:9  
Article VII:[ 10]US 
paragraph 11  Article V:2 [(i)]EC[(j)]CDA,NOR,US 
Article VIII: [Multi-Use Lists ]:1(e) 
Article X  
Selection procedures   
paragraph 1  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:4 
paragraph 2  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:4 GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:4 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:5 
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:3 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:5 
subparagraph 1(b)   
subparagraph 2(a)  Article VI:2(a)  
subparagraph 2(b)  Article VI:2(b)  
Article VI:3 chapeau  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:3 
subparagraph 2(c)  Article VI:2(b)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:3 
paragraph 3 chapeau  Article VI:3 chapeau  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:6 
subparagraphs 3(a)(i) -(iv) Article VI:3(a)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:6 
subparagraph 3(a), final paragraph ("the 40 -day limit 
for...")  Article VI:3 chapeau  
Article VI:3(e)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:6 
subparagraph 3(b)  Article VI:3(b)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:6 
subparagraph 3(c)  Article VI:3[d][c]CDA 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:6 
subparagraph 3(d)  Article VI:3(e)  
Article VI:6  
Article VIII:[Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:6 
paragraph 4  Article VII:2  GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  
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 XII I 
Submission, Receipt and Opening of Tenders and 
Awarding of Contracts   
subparagraph 1(a)   
subparagraph 1(b)  Article XI:4  
paragraph 2  Article XI:3  
paragraph 3  Article XI:1  
subparagraph 4(a)  Article XI:5  
Article XI:8  
subparagraph 4(b)  Article XI:7  
subparagraph 4(c)  Article XI:5  
paragraph 5  Article XI:6  GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article XIV  
Negotiation   
paragraph 1 chapeau  Article IX:1 chapeau  
subparagraph 1(a)  Article IX:1(a)  
subparagraph 1(b)  Article IX:1(b)  
paragraph 2   
paragraph 3  Article IX:2  
Article IX:3  
subparagraph 4(a)  Article IX:3  
subparagraph 4(b)  Article VII:9  
Article VII:[10]US 
Article IX:4  
subparagraph 4(c)  Article IX:4  
subparagraph 4(d)  Article IX:4  
Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X:1 chapeau  
subparagraph 1(a)  Article X:1(a)  
subparagraph 1(b)  Article X:1(b)  
subparagraph 1(c)  Article X:1(d)  
subparagraph 1(d)  Article X:1(c)  
footnote 5  Article X:1(c)  
subparagraph 1(e)  Article X:1(f)  
footnote 6  Article X:1(f)  
subparagraph 1(f)  Article X:1(g)  
subparagraph 1(g)  Article X:1(h)  
subparagraph 1(h)  Article X:1(e)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  
paragraph 2  Article X:2  GPA/TN1994/4/Rev.2  
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
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  
Article XIX  
Information and Review as Regards Obligations 
of Parties   
paragraph 1  Article IV  
paragraph 2  Article XII:3  GPA/TN1994/4/Rev.2  
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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  
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)  GPA/TN1994/4/Rev.2  
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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   
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  GPA/TN1994/4/Rev.2  
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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  
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  GPA/TN1994/4/Rev.2  
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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, AN NEX 5  
Definition  Article I, definition of construction services contract  
 
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