RESTRICTED  
  
GPA/TN1994/2/Rev.3  
1 September 1999  
(24-2681) Page: 1/64 
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   
 
  
SUGGESTED DRAFTING CHANGES TO THE 1994 AGREEMENT *,** 
NOTE BY THE SECRETARIAT  
Revision  
At the informal meeting of 9  December  1998, it was agreed that delegations would proceed with the 
article -by-article examination of the Agreement on the basis of a two -column table to be prepared 
by the Secretariat.  The present note includes an updated version of the two -column table that was 
circulated in response to that request.  The left column contains the text of the 1994  Agreement an d 
the right column indicates the modifications to individual Articles that have been suggested since 
February  1997.  The proposed texts of any specific drafting changes are indicated in bold and the 
delegations suggesting the individual draft texts  are iden tified.  The purpose of this note is to list the 
suggestions and not the reactions to these.  The record of the full discussion will be circulated in the 
tenth revision of the Checklist of Issues Raised.  
 
It might also be noted that certain suggestions have been made for amending the structure of the 
provisions of the Agreement.  These are not reflected in the two -column presentation.  However, the 
specific proposal that has been made on this matter is annexed to this note.  
 
 
 
* English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs12) was derestricted on 8 November 2023.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article I  
 
Scope and Coverage  
  
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.1 
 1. This Agreement applies to any law, regulation, procedure or 
practice regarding any procurement falling within the scope of Article 
III, paragraph  8 of the GATT and Article  XIII, paragraph  1 of GATS by 
entities covered by this Agreement, as specified in Appendix  I. 
[EC – GPA/W/87]  
 
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 and 
services.  
 It has been suggested that this Article might contain a definition of the term 
"government procurement" includi ng what is meant by "government" for this 
purpose.  
 
It has been suggested that sub -paragraph 2 should include a reference to forms 
of procurement under new phenomena (partnerships between private and public 
sectors, multiplication of "Build Operate Transfe r" (BOT) operations, joint 
ventures).  
 
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.  
  
 
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 Ag reement.  
    - 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.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
4. This Agreement applies to any procurement contract of a value of not 
less than the relevant threshold specified in Appendix I.  
 4. Without prejudice to Article  XXIII, this Agreement applies to 
any procurement contract:  
 (a) of central government entities of a value of not less than  
  - 130,000 SDR for contracts for supply of products  
  and services  
  - 5,000,000 SDR for contracts for public works  
 (b) of sub -central government entities of a value o f not less 
than 
  - 200,000 SDR for contracts for supply of products  
  and services  
  - 5,000,000 SDR for contracts for public works  
 (c) of entities according to Appendix  I, Annex 3 of a value 
of not less than  
  - 400,000 SDR for contracts for supply of products  
  and services  
  - 5,000,000 SDR for contracts for public works  
[EC – GPA/W/87]  
 
 
Article  II 
 
Valuation of Contracts  
  
1. The following provisions shall apply in determining the value of 
contracts2 for purposes of implementing this Agreement.  
  
 It has also been suggested that the language of footnote 2 should be aligned 
with that of Article I:4 on threshold values.  
 
 
2 This Agreement shall apply to any procurement contract for which the contract value is estimated to equal or exceed the threshold at the time of p ublication of the notice 
in accordance with Article IX.  
This Agreement shall apply to any procurement contract for which the contra ct value is estimated to equal or exceed the threshold at the time of the 
publication of the notice in accordance with Article IX and at the time of first contact with the supplier in the case of lim ited tendering.  [Japan - Checklist of Issues 
–5th Rev.]    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
2. Valuation shall take into account all forms of remuneration, including 
any premiums, fees, commissions and interest receivable.  
  
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.  
  
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 contract s 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 
 It has been suggested that individual contracts with values below the threshold 
values resulti ng from the practice of slicing up of contracts should also be 
subject to the provisions of this Agreement.  
 (b) the estimated value of recurring contracts in the fiscal year 
or 12  months subsequent to the initial contract.  
  
 new paragraph  
 
For contracts of an indefinite value, or for contracts involving the 
award of a contract to multiple suppliers or service providers, the 
basis for valuation shall be either:  
 
(a) the maximum total estimated value of the procurement 
that could be awarded under the contract;  or 
 (b) the estimated value of the contract shall automatically 
be considered to be above the threshold values provided 
for in the national annexes to the GPA for the purposes 
of coverage under the Agreement.  
[US – Job No. 2795]  
 
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:     
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (a) in the case of fixed -term contracts, where their term is 
12 months o r less, the total contract value for their duration, 
or, where their term exceeds 12 months, their total value 
including the estimated residual value;  
  
 (b) in the case of contracts for an indefinite period, the monthly 
instalment multiplied by 48.  
  
If there is any doubt, the second basis for valuation, namely (b), is to be used.  
  
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, i nclusive of optional purchases.  
  
 
 
Article III  
 
National Treatment and Non -discrimination  
  
Article III  
 
Principal Obligations  
 new paragraph  
 
   Each Party shall ensure that the procurement of its covered entities 
takes place in a transparent, reasonable and non -discriminatory 
manner, treating any supplier of any Party equally, and ensuring the 
principle of open and effective competition.  
[EC – GPA/W/87]  
 
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 the Parties, treatment no less favourable 
than:  
  
 (a) that accorded to domestic products, services and suppliers;  and 
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (b) that accorded to products, services and suppliers of any other  
 Party.  
  
2. With respect to all laws, regulations, procedures and practices regarding 
government procurement covered by this Agreement, each Party shall ensure:  
  
 (a) that its entities shall not treat a locally -established supplier less 
favourably than another locally -established supplier on the basis 
of degree of foreign affiliation or ownership;  and 
 The point has been made that the term "foreign affiliation or ownership" 
seemed to apply both to Parties and non -Parties to the Agreement.  It has been 
suggested that the co nsistency of the scope of this provision with that of 
paragraph 1 should be reviewed.  
 
 (b) that its entities shall not discriminate against locally -established 
suppliers on the basis of the country of production of the good 
or service being supplied, pro vided that the country of 
production is a Party to the Agreement in accordance with the 
provisions of Article  IV. 
  
3. The provisions of paragraphs 1 and 2 shall not apply to customs duties 
and charges of any kind imposed on or in connection with importation, the 
method of levying such duties and charges, other import regulations and 
formalities, and measures affecting trade in services other than laws, 
regulations, procedures and practices regarding government procurement 
covered by this Agreement . 
 3. This Article 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 oth er than laws, 
regulations, procedures and practices regarding government 
procurement covered by this Agreement.  
[EC – GPA/W/87]  
 
 new paragraph 4  
 
For procurements awarded to more than one supplier, Parties shall 
ensure that each awardee is provided a fair opportunity to be 
considered for each transaction under the procurement on a 
non-discriminatory basis.  
 
[US- Job No. 2795]  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article  IV 
 
Rules of Origin  
  
1. A Party shall not apply rules of origin to products or services imported 
or supplied for purposes of government procurement covered by this Agreement 
from other Parties, which are different from the rules of origin applied in the 
normal course of trade and at the time of the transaction in question to imports 
or supplies of the sa me products or services from the same Parties.  
 It has been suggested that the issue of rules of origin of services should be 
taken up in the discussion concerning the extension of the Agreement to 
services.  
 
 
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 regard ing trade 
in services, Parties shall take the results of that work programme and those 
negotiations into account in amending paragraph  1 as appropriate.  
  
 
Article  V 
 
Special and Differential Treatment for Developing Countries  
  
Article V  
 
Developing Countries  
 Upon accession to the Agreement, a developing country shall enjoy all 
the benefits of the Agreement.  
It shall be obliged to comply with the obligations under this 
Agreement:  
 - at central government level X years after accession  
 - at sub -central government level Y years after accession  
 - as far as entities under Appendix  I, Annex 3 are concerned 
  Z years after accession.  
[EC – GPA/W/87]  
 
Objectives  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
1. Parties shall, in the implementation and administration of this 
Agreement, through the provisions set out in this Article, duly take into account 
the development, financial and trade needs of developing countries, in particular 
least-developed countries, in their need to:  
  
 (a) safeguard their balance -of-payments pos ition and ensure a level 
of reserves adequate for the implementation of programmes of 
economic development;  
  
 (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 
  
 (d) encourage their economic development through re gional 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. Consistently with the provisions of this Agreement, each Party shall, in 
the preparation and application of laws, regulations and procedures affecting 
government procurement, facilitate increased imports from developing 
countries, bearing in mind the special problems of least -developed countries and 
of those countries at low stages of economic development.  
  
Coverage  
  
3. With a view to ensuring that developing countries are able to adhere to 
this Agreement on terms consistent with their development, financial and trade 
needs, the objectives listed in paragraph  1 shall be duly taken into account in 
the course of negotiations with respect to the procurement of developing 
countries to be covered by the provisions of this Agreement.  Developed It has been suggested that the issue of granting developing countries 
non-reciprocal access to procurement markets of Parties might be explored.  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
countries, in the preparation of their cove rage lists under the provisions of this 
Agreement, shall endeavour to include entities procuring products and services 
of export interest to developing countries.  
 It has also been suggested that the provisions should be improved to take in 
to account the specific interests of developing countries and to give developing 
countries additional incentives to join the  Agreement.  
Agreed Exclusions   
 
4. A developing country may negotiate with other participants in 
negotiations under this Agreement mutually acceptable exclusions from the 
rules on national treatment with respect to certain entities, products or services 
that are included in its coverage 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 parti cipating in regional or global arrangements among 
developing countries referred to in subparagraph  1(d) may also negotiate 
exclusions to its lists, having regard to the particular circumstances of each case, 
taking into account, inter alia, the provisions on government procurement 
provided for in the regional or global arrangements concerned and, in particular, 
products or services which may be subject to common industrial development 
programmes.  
 It has been suggested that further flexibility should be pro vided in the 
evaluation of offers from developing countries with respect to non -
discriminatory treatment and in the application of the procedural provisions.    
 
5. After entry into force of this Agreement, a developing country Party may 
modify its coverag e lists in accordance with the provisions for modification of 
such lists contained in paragraph  6 of Article  XXIV, having regard to its 
development, financial and trade needs, or may request the Committee on 
Government Procurement (hereinafter referred to as "the Committee") to grant 
exclusions from the rules on national treatment for certain 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 pro visions 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 developi ng 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.     
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
6. Paragraphs 4 and 5 shall apply mutatis mutandis  to developing  countries 
acceding to this Agreement after its entry into force.   
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.  
  
Technical Assistance for Developing Country Parties  
  
8. Each developed country Party shall, upon request, provide all technical 
assistance which it may deem appropriate to developing country Parties in 
resolving their 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: 
 It has been suggested that the provisions on technical cooperation should be 
extended to take account of the needs of developing countries to adjust to new 
developments in the application of information technology to government 
procurement.  
 
 - the solution of particular technical problems relating to the 
award of a specific contract;  and 
  
 - any other problem  which the Party making the request and 
another Party agree to deal with in the context of this 
assistance.  
  
10. Technical assistance referred to in paragraphs  8 and 9 would include 
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 a ddressed either to the developed country Parties or to their 
entities.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
Information Centres  
  
11. Developed country Parties shall establish, individually or jointly, 
information centres to respond to reasonable requests from developing country 
Parties for information relating to, inter alia, laws, regulations, procedures and 
practices regarding governm ent procurement, notices about intended 
procurements which have been published, addresses of the entities covered by 
this Agreement, and the nature and volume of products or services procured or 
to be procured, including available information about future tenders.  The 
Committee may also set up an information centre.  
  
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 
Favour able Treatment, Reciprocity and Fuller Participation of Developing 
Countries (BISD 26S/203 -205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those Parties with respect to 
products or services originating in  those Parties, in the context of any general or 
specific measures in favour of developing country Parties.  A Party may also grant 
the benefits of this Agreement to suppliers in least -developed countries which 
are not Parties, with respect to products or s ervices originating in those 
countries.  
  
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 the products or services which 
are likely to be of interest to its entities as well as to suppliers in least -developed 
countries, and likewise assist them to comply with technical regulations and 
standards relating to products or services which are the subject  of the intended 
procurement.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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 revi ew 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 t rade 
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.  
  
15. In the course of further rounds of negotiations in accordance with the 
provisions of paragraph  7 of Article  XXIV, each developing country Party shall 
give consideration to the possibility of enlarging its coverage lists, having regard 
to its economic, financial and trade s ituation.  
  
 
Article  VI 
 
Technical Specifications  
 It has been suggested that the location of Article VI should be changed in order 
to reflect the close association of the provisions on technical specifications with 
those on tender documentation.  
It has been said that the meaning of the term "unnecessary obstacles to 
international trade" should be clarified.  
 
1. Technical specifications laying down the characteristics of the products 
or services to be procured, such as quality, performance, safety and dimensions, 
symbols, terminology, packaging, marking and labelling, or the processes and 
methods for their production and requirements relating to conformity 
assessment procedures prescribed by procuring entities, shall not  be prepared, 
adopted or applied with a view to, or with the effect of, creating unnecessary 
obstacles to international trade.  
 1. Technical specifications laying down the characteristics of the 
products or services to be procured, such as quality, perform ance, 
safety and dimensions, symbols, terminology, packaging, marking and 
labelling, or the processes and methods for their production and 
requirements relating to conformity assessment procedures 
prescribed by procuring entities, shall comply with the pri nciples laid 
down in Article III, paragraph  0 and in particular ensure the principle 
of open and effective competition and shall not be prepared, adopted 
or applied with a view to, or with the effect of, creating unnecessary 
obstacles to international trad e. 
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 This means that at least the following will apply:  
 (a) technical specifications shall be formulated, where 
possible in terms of performance requirements rather 
than design or descriptive characteristics;  
 (b) in all cases procuring entities shall no t be able to exclude 
bids which include products, services or works which 
comply with appropriate international standards for 
reasons relating to the non -compliance with technical 
requirements covered by those standards;  
procuring entities shall not reject  bids which do not comply with the 
standard, regulation or code to which the technical specifications 
refer, but do meet the essential requirements thereof and are fit for 
the purpose intended.  
 
2. Technical specifications prescribed by procuring entities shall, where 
appropriate:  
 2. Where tender documents lay down technical specifications by 
way of reference, the following provisions shall apply:  
 (a) be in terms of performance rather than design or descriptive 
characteristics;  and 
  (a) the procuring entity shall base the technical 
specifications or part of those on international 
standards, where they exist; otherwise on national 
technical regulations, recognized national standards or 
building codes and the tender documents must include 
infor mation on where and how the regulations, 
standards or codes can be obtained without prejudice to 
legally binding national technical regulations in so far as 
these are compatible with WTO requirements;  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (b) be based on international standards, where such exist;  
otherwise, on national technical regulations3, recognized 
national standards4, or building codes.  
  (b) where the procuring entity has a choice between various 
non-international standards, the technical specifications 
shall be based on standa rds which ensure open and 
effective competition.  
[EC – GPA/W/87]  
 
3. There shall be no requirement or reference to a particular trademark or 
trade name, patent, design or type, specific origin, producer or supplier, unless 
there is no sufficiently precise  or intelligible way of describing the procurement 
requirements and provided that words such as "or equivalent" are included in 
the tender documentation.  
  
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.  
  
 It has been suggested that paragraphs  1 and  2, which relate more to 
non-discrimination, should be separated from paragraph  3 describing the 
types of procurement procedures and be placed in Article  III. 
 
 
Article  VII 
 
Tendering Procedures  
  
Article VII  
 
Methods of Procurement  
 
3 For the purpose of this Agreement, a technical regulation is a document which lays down characteristics of a product or a ser vice 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 labeling requirements as they apply to a product, service, process or production method.  
4 For the purpose of this Agreement, a standard is a  document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics 
for products or services or related processes and production methods, with which compliance is not mandatory.  It may also in clude or deal exclusively with terminology, symbols, 
packaging, marking or labeling requirements as they apply to a product, service, process or production method.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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.  
 1. Each Party shall ensure that the tendering procedures of its 
entities are applied in a non -discriminatory manner and are consistent 
with the provisions contained in Articles VII through XVI.  
2. 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.  
 2. Entities shall not provide to any supplier information with 
regard to a specific procurement in a manner which would have the 
effect of negatively affecting competition.  
[Singapore – Job No. 3772]  
 
 It has also been suggested t hat the provisions on tendering procedures should 
be reviewed to accommodate the use of two -stage tendering and electronic 
catalogues.  
 
3. For the purposes of this Agreement:  
 3. For the purposes of this Agreement:  
 (a) Open tendering procedures are those procedures under which 
all interested suppliers may submit a tender.   
  (a) Open tenders are those which are posted in a medium 
which is [in the public domain] [readily available to both 
local and foreign suppliers], and which all inte rested 
suppliers may submit a tender.  
 
  
 (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.   
  (b) Selective tenders are those which, consistent with 
paragraph  3 of Article X and other relevant provisions 
of this Agreement, selected suppliers are invited to do 
so by the entity, and the information on the tender is 
not posted in a  medium which is [in the public domain] 
[readily available to both local and foreign suppliers].  
 
 (c) Limited tendering procedures are those procedures where the 
entity contacts suppliers individually, only under the conditions 
specified in Article  XV. 
  (c) Limited tenders are those where the entity contacts 
suppliers individually, only under the conditions 
specified in Article XV.  
[Singapore – Job No. 3772]  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article VIII  
 
Qualification of Suppliers  
  
Article VIII  
 
Qualification and Pre -qualification of Suppliers  
 In the process of qualifying suppliers, entities shall not discriminate 
among suppliers of other Parties or between domestic suppliers and suppliers of 
other Parties.  Qualification procedures shall be cons istent with the following:  
 1. Entities maintaining permanent lists of qualified suppliers shall 
not discriminate among suppliers of other Parties or between 
domestic suppliers and suppliers of other Parties.  Qualification 
procedures shall be consistent with the following:  
 (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 procuremen t process, complete the 
qualification procedures;  
  (a) any supplier may apply for qualification at any time;  and 
all qualified suppliers so requesting are included in the 
lists within a reasonably short time;  
[Singapore – Job No. 3772]  
 
 (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.  Any conditions for 
participation required from suppliers, including financial 
guarantees,  technical qualifications and information necessary 
for establishing the financial, commercial and technical capacity 
of suppliers, as well as the verification of qualifications, shall be 
no less favourable to suppliers of other Parties than to domestic 
suppliers and shall not discriminate among suppliers of other 
Parties.  The financial, commercial and technical capacity of a 
supplier shall be judged on the basis both of that supplier's 
global business activity as well as of its activity in the territory 
of the procuring entity, taking due account of the legal 
relationship between the supply organizations;  
  (b) if registration as a permanent qualified supplier is a 
pre-requisite for participation in an intended 
procurement, and a supplier not yet qualified requests 
to participate in the intended procurement, the [entity 
shall promptly start procedures for qualification] 
[supplier shall not be denied the opportunity to 
participate simply on the basis that the supplier is not 
on the entity's permanent list of qualified suppliers];  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (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 w ho may not yet be qualified 
shall also be considered, provided there is sufficient time to 
complete the qualification procedure;  
  (c) any supplier having requested to become a qualified 
supplier shall be advised by the entities concerned of 
the decision i n 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;  
[Singapore – Job No. 3772]  
 
 (d) entities maintaining permanent lists of qualified suppli ers 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;  
  (d) 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;  
 
[Singapore – Job No. 3772]  
 
 (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;  
   
 
 (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;  
  
 (g) each Party shall ensure that:  
    
  GPA/TN1994/2/Rev.3  
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  (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.  
  
 (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.  
 (e) nothing in subparagraphs (a) through (d) shall preclude the 
exclusion of any supplier on grounds such as bankrupt cy or false 
declarations, provided that such an action is consistent with the 
national treatment and non -discrimination provisions of this 
Agreement.  
[Singapore – Job No. 3772]  
 
 2. The process of, and the time required for, qualifying suppliers to 
permanent lists maintained by the entity 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.]  [Alternatively, paragraph 1(b) above can 
be expanded to cover this point.]  
[Singapore – Job No. 3772]  
 
 3. Entities wishing to pre -qualify suppliers for participation in an 
individual intended procurement shall in addition to the other 
provisions in this Agreement, ensure that their procedures are 
consistent with the following:    
  GPA/TN1994/2/Rev.3  
- 19 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  (a) the invitation to be considered for pre -qualification shall 
be published in adequate time to ena ble interested 
suppliers to submit proper documentation;  
 
  
  (b) [any conditions] [the criteria] for pre -qualification shall 
be limited to those which are essential to ensure the 
firm's capability to fulfil the contract in question.  Any 
conditions for participation required from suppliers, 
including financial guarantees, technical qualifications 
and information necessary for establishing the 
financial, commercial and technical capacity of 
suppliers, as well as the verification of qualific ations, 
shall be no less favourable to suppliers of other Parties 
than to domestic suppliers and shall not discriminate 
among [against] 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] [business units of the supplier in 
different territories].  
[Singapore – Job No. 3772]  
 
 Entities maintaining permanent lists of qualified suppliers with a 
duration of more than three years shall publish annually in one of the 
publications listed in Appendix III a notice containing the information 
referred to in sections (i) through (iii) of Article IX:3.  
[United States – GPA/W/85]  
 With respect to Article VIII:(b) of the Agreement, it has been said that ways 
should be found to reduce administrative burdens on suppliers, particularly 
SMEs, regarding the procedures for the proof of their technical, financial and 
commercial capacity.  
   
  GPA/TN1994/2/Rev.3  
- 20 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article IX  
 
Invitation to Participate Regarding Intended Procurement  
 It has been suggested that the terms "invitation to participate for all cases of 
intended procurement",  "notice of proposed procurement", "notice of planned 
procurement" and "notice regarding a qualification system" should be clarified.  
 
It has been suggested that a footnote should be added defining "publication" 
to include either electronic or paper public ation of notices and to indicate that 
electronic publication is on the Internet or in one location and is accessible 
worldwide by telephone.  
 
1. In accordance with paragraphs  2 and 3, entities shall publish an 
invitation to participate for all cases of intended procurement, except as 
otherwise provided for in Article  XV (limited tendering).  The notice shall be 
published in the appropriate publication listed in Appendix  II.  
 1. In accordance with paragraphs 2 and 3, entities shall publish 
an invitation t o participate for all cases of intended procurement, 
except as otherwise provided for in Article XV (limited tendering). The 
notice shall be published through means which offer the widest 
possible and non -discriminatory access to interested suppliers and 
service providers from all Parties to this Agreement;  these means shall 
be accessible free of charge through a single point of access.  
Each Party shall notify to the other Parties this single point of access.  
[EC – GPA/W/87]  
 
 1. Except as provided for in Article XV (provisions for the use of 
limited tendering procedures) and paragraph  3 of this Article 
(provisions for the use of selective tendering procedures by Annexes  2 
and 3 entities), entities shall publish a notice of intended procurement 
for each con tract to be awarded.  The notice shall be published in the 
appropriate publication listed in Appendix II.  
[United States – GPA/W/85]  
 
2. The invitation to participate may take the form of a notice of proposed 
procurement, as provided for in paragraph  6. 
 It has been said that this paragraph should specify clearly that Annex  1 entities 
had an obligation to publish a notice containing the types of information as 
provided for in paragraph  6. The present use of the word "may" might be 
interpreted to suggest oth erwise.  
 
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.  
 It has been suggested that entities at all levels of government should be able 
to use all methods of invitation to tender  
 
It has been suggested that the use of notices regarding qualification systems 
as invitations to participate should be clarified.    
  GPA/TN1994/2/Rev.3  
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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. 
 It has been suggested that further flexibility should be provided in the 
procedures on the use of a notice of planned procurement.  
5. Entities which use a notice regarding a qualification system as an 
invitation to participate shall provide, subject to the considerations referred to 
in paragraph 4 of Article  XVIII and in a timely manner, information which allows 
all those who have expressed an interest to have a meaningful opportunity to 
assess their interest in participating in the procurement.  This information shall 
include the information contained in the notices referred to in paragraphs 6 and 
8, to the extent such information is available.  Information provided to one 
interested supplier shall be provided in a non -discriminatory manner to the other  
interested suppliers.  
  
6. Each notice of proposed procurement, referred to in paragraph  2, shall 
contain the following information:  
 2. Each notice of intended procurement shall contain the 
following information:  
 (a) the nature and quantity, including any options for further 
procurement and, if possible, an estimate of the timing when 
such options may be exercised;  in the case of recurring 
contracts the nature and quantity and, if possible, an estimate 
of the timing of the subsequent tender no tices for the products 
or services to be procured;  
  (a) a description of the intended procurement, including the 
nature and quantity of the goods or services to be 
procured;  
 (b) whether the procedure is open or selective or will involve 
negotiation;  
  (b) the name and address of the procuring entity and other 
information necessary to contact the entity and obtain 
all relevant documents relating to the contract;  
 
 (c) any date for starting delivery or completion of delivery of goods 
or services;  
  (c) the procurement method that will be used;  
 (d) the address and final date for submitting an application to be 
invited to tender or for qualifying for the suppliers' lists, or for 
receiving tenders, as well as the language or languages in which 
they must b e submitted;  
  (d) the time -limits set for the submission of tenders and, if 
applicable, the time -limits for the submission of 
applications to qualify for participation in the intended 
procurement or for inclusion on a permanent list of   
  GPA/TN1994/2/Rev.3  
- 22 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
qualified suppliers  from which the tenders will be 
accepted;  
 
 (e) the address of the entity awarding the contract and providing 
any information necessary for obtaining specifications and other 
documents;  
  (e) the amount and terms of payment of any sum payable 
for the tender documentation;  
 (f) any economic and technical requirements, financial guarantees 
and information required from suppliers;  
  (f) an indication that the procurement is covered by the 
Agreement;  and 
 (g) the amount and terms of payment of any sum p ayable for the 
tender documentation;  and 
  (g) a summary of the notice in one of the official languages 
of the WTO, containing at least the following 
information:  
   (i) the subject -matter of the contract;  
 
   (ii) the time -limits set for the submission of tenders 
or  an application to be invited to tender;  and 
 
   (iii) the addresses from which documents relating 
to the  contracts may be requested.  
[United States – GPA/W/85]  
 
 (h) whether the entity is inviting of fers for purchase, lease, rental or 
  hire purchase, or more than one of these methods.  
  
 It has been suggested that the provision should be modified to obligate 
procuring entities to include the means by which bids may be submitted.  
[Canada – Job No. 3481]  
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 th at interested suppliers should express their 
interest in the procurement to the entity;  
    
  GPA/TN1994/2/Rev.3  
- 23 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (b) a contact point with the entity from which further information 
may be obtained.  
  
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:  
 8. For each case of intended procurement, the entity shall publish 
a summary notice in one of the official languages of the WTO.  The 
notice shall contain at least the following information:  
 
 (a) the subject matter of the contract;  
  (a) the subject -matter of the contract, including the relevant 
CPV code;  
 
 (b) the time -limits set for the submission of tenders or an 
application to be invited to tender; 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 contracts 
may be requested.   
  (c) the addresses from which documents relating to the 
contracts may be requested.  
[EC – GPA/W/87]  
 
 It has been suggested that the provisions of Article IX:8 should follow the 
provisions of Article XI:1 on publication of an invitation to participate.  
 
 
 
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:  
 3. Except as provided for in Article XV, Annexes 2 and 3 entiti es 
that maintain permanent lists of qualified suppliers for selective 
tendering procedures will be considered to have met the notice 
requirements of paragraphs 1 and 2 of this Article, if they:  
 
 (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;  
  (a) publish annually in one of the publications listed in 
Appendix III a notice which contains the following 
information:  
       (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   (i)  an enumeration o f all permanent lists of qualified 
suppliers from which such procurements are made, 
including a description in as much detail as is available, 
of the good or service to be procured;  
   
  GPA/TN1994/2/Rev.3  
- 24 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
     
        (c) the period of validity of the lists, and the formalitie s for their 
renewal.    (ii) the conditions to be fulfilled by suppliers in order to 
be included on those lists;  
 
   (iii) the period of validity of those lists;  and 
 
   (iv) a statement that the notice constitutes a notice of 
intended procurement;  and 
 
  
  (b) provide additional information in a timely manner which 
allows all those who have expressed an interest to have 
a meaningful opportunity to assess their interest in 
participating in the procurement.  This information shall 
include the information contained in the notices 
referred to in paragraph 2, to the extent available.  
[United States – GPA/W/85]  
 
  
 
  
When such a notice is used as an invitation to participate in accordance with 
paragraph 3, the notice shall, in addition, include the following information:  
  
 (d) the nature of the products or services concerned;  
  
 (e) a statement that the notice constitutes an invitation to 
participate.  
  
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 n ot be 
used in a manner which circumvents the provisions of this Agreement.  
    
  GPA/TN1994/2/Rev.3  
- 25 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
10. If, after publication of an invitation to participate in any case of intended 
procurement, but before the time set for opening or receipt of tenders as 
specified in the notic es 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 t o 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.  
 4. If it becomes necessary to amend  or re -issue the notice during 
the procurement process, the amendment or the re -issued notice shall 
be given the same circulation as the original notice 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 that have expressed interest in 
that procurement in adequate time to permit those suppliers to 
consider such information and to respond to it.  
[United States – GPA/W/85]  
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.  
  
 
Article  X 
 
Selection Procedures  
  
1. To ensure optimum effective international competition under selective 
tendering procedures, entities shall, for each intended procurement, invite 
tenders from the maximum number of domestic suppliers and suppliers of other 
Parties, consistent with the efficient operation of  the procurement system.  They 
shall select the suppliers to participate in the procedure in a fair and non -
discriminatory manner.  
  
2. Entities maintaining permanent lists of qualified suppliers may select 
suppliers to be invited to tender from among tho se listed.  Any selection shall 
allow for equitable opportunities for suppliers on the lists.  
  
3. Suppliers requesting to participate in a particular intended procurement 
shall be permitted to submit a tender and be considered, provided, in the case 
of those not yet qualified, there is sufficient time to complete the qualification 
procedure under Articles  VIII and IX.  The number of additional suppliers 
permitted to participate shall be limited only by the efficient operation of the 
procurement system.  
    
  GPA/TN1994/2/Rev.3  
- 26 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
4. Requests to participate in selective tendering procedures may be 
submitted by telex, telegram or facsimile.  
 4. Requests to participate in selective tendering procedures may 
be submitted in writing including electronic means. The term "writing" 
as used in this Agreement is to be understood to include any worded 
or numbered expression which can be read, reproduced, and later 
communicated, and includes electronically transmitted and stored 
information. "Electronic means" means using elect ronic equipment for 
the processing (including digital compression) and storage of data, 
and entirely using transmission, conveyance and reception by wire, by 
radio, by optical means or by other electromagnetic means.  
[EC – GPA/W/87]  
 
 It has been suggeste d to add to the list of ways ("telex, telegram or facsimile") 
that suppliers may use to request to participate in selective tendering.  It has 
also been suggested to add a provision stating that the means of 
communication can be specified by the procuring e ntity (e.g. mail, electronic 
means, telex, telegram or facsimile).  
[Canada – Job No. 3481]  
   
  GPA/TN1994/2/Rev.3  
- 27 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article  XI 
 
Time-limits for Tendering and Delivery  
 As one alternative, it has been suggested to remove all of the deadlines 
identified in this Article.   
[Canada – Job No. 3481]  
General  
  
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 
subcontracting anticipated and the normal time for transmitting 
tenders by mail from fo reign as well as domestic points.  
 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 ti me-
limit, entities shall, consistent with their own 
reasonable needs, take into account such factors as the 
complexity of the [intended] procurement, the extent of 
subcontracting anticipated and the normal time for 
transmitting tenders [by mail] [in writin g] from foreign 
as well as domestic points.  
[EC – GPA/W/87 and Singapore Job No. 3772]  
 
It has further been suggested to modify Article XI:1(a) to delete the words by 
mail" in the last sentence.  
[Canada – Job No. 3481]  
 (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.  
  (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.  
[EC – GPA/W/87 and Singapore Job No. 3772]  
 
Deadlines  
 Deadlines  
2. Except in so far as provided in paragraph 3:  
 2. Except insofar 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; 
  (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;  
[Singapore – Job No. 3772]    
  GPA/TN1994/2/Rev.3  
- 28 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 2. Except insofar as provided in paragraphs 3 and 4,  
 
 (a) in open procedures, the period for the receipt of tenders 
shall not be less than 30 days from the date of 
publication;  
[EC – GPA/W/87]  
 
 (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;  
  (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 cas e be less than 40 days 
from the date of issuance of the invitation to tender;  
[Singapore – Job No. 3772]  
 
  (b) in selective procedures not involving the use of a 
permanent list of qualified suppliers, the period for 
submitting an application to be invite d to tender shall not 
be less than 15 days from the date of publication; the 
period for receipt of tenders shall in no case be less than 
30 days from the date of issuance of the invitation to 
tender;  
[EC – GPA/W/87]  
 
 (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 coinc ides with the date of the publication 
referred to in paragraph  1 of Article  IX.  
  (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.  
[Singapore – Job No. 3772]  
   
  GPA/TN1994/2/Rev.3  
- 29 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  (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 30 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.  
[EC – GPA/W/87]  
 
3. The periods referred to in paragraph 2 may be reduced in the 
circumstances set out below:  
 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:   
  (a) if a separate notice has been published 40 days and not 
more than 12 months in advance and t he notice contains 
at least:  
[Singapore – Job No. 3772]  
 
  (i) as much of the information referred to in paragraph 6 
of Article  IX as is available;  
   (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; 
   (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 
   (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,  
   (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 t o enable responsive tendering, 
which, as a general rule, shall not be less than 
24 days, but in any case not less than 10 days;  
[Singapore – Job No. 3772]  
   
  GPA/TN1994/2/Rev.3  
- 30 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  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;   
  (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;  
[Singapore – Job No. 3772]  
 
 3. The periods referred to in paragraph 2 may be reduced in the 
circumstances set out below:  
 
 (a) 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 30 -day limit for 
receipt of tenders may be reduced to 24 days; or  
[EC – GPA/W/87]  
 
 (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 
  (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 
[Singapore – Job No. 3772]  
 
 (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 agreemen t, 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.  
  (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.  
[Singapore – Job No. 3772]    
  GPA/TN1994/2/Rev.3  
- 31 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  (b) in the case where the procuring entity procures off -the-
shelf products or services, the period referred to in 
paragraph 2(c) may be reduced to 15  days.  
[EC – GPA/W/87]  
 
 It has been suggested to modify Article XI:3 to pro vide for a minimum bid 
period of 10 days for procurement of commodities and commercial, off -the-
shelf goods (COTS) (and possibly other sufficiently well -defined categories of 
goods or services).  . 
[Canada – Job No. 3481]  
 
 4. In cases where the procuring entity offers simultaneously free 
and direct access via the single point of access referred to in Article IX 
to the complete call for tenders including all annexes both the 
deadlines of 30 and 15 days may be further reduced by 5 days.  
[EC – GPA/W/87]  
 
 Possible replacement paragraphs (can have more than one option):  
 
Clause (a)  
 
 Each Party shall make known in a medium which is  [in the 
public domain] [readily available to both local and foreign suppliers] 
its overall policy on the time -limits for intende d procurement to be 
followed by its entities.  
 
 Clause (b)  
 
 Consistent with the provisions in Article XX, entities shall 
provide for rapid and immediate measures to address challenges by 
suppliers on the inadequacy of time -limits given for intended 
procurement.  
[Singapore – Job No. 3772]  
 
 It has been suggested to modify Article XI:3 so that when electronic tendering 
is used, all periods referred to in Article XI:2 may be reduced to a minimum of 
20 days.    
  GPA/TN1994/2/Rev.3  
- 32 - 
 
AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 It has also been suggested to modify Article XI:3 so that when electronic 
tendering and electronic bid receipt are used, second -stage periods referred to 
in Article XI:2(b) and (c) may be reduced to a minimum of 12 and 5 days 
respectively.  
 
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 th e points of 
supply or for supply of services.  
  
 
Article  XII 
 
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.  
 It has been suggested that this Article should contain references to the use of 
information technology in communication between the purchasing authority 
and tenderers.  
2. Tender documentation provided to suppliers shall contain all information 
neces sary to permit them to submit responsive tenders, including information 
required to be published in the notice of intended procurement, except for 
paragraph 6(g) of Article  IX, and the following:  
  
 (a) the address of the entity to which tenders should be sent;  
  
 (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;  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (e) the persons authorized to be present at the opening of tenders 
and the date, time and place of this opening;  
  
 (f) any economic and technical requirement, financial guarantees 
and information or documents required from suppliers;  
  
 (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;  
  
 (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 in cluded in evaluating 
tender prices, such as transport, insurance and inspection costs, 
and in the case of products or services of other Parties, customs 
duties and other import charges, taxes and currency of 
payment;  
  
 (i) the terms of payment;  
  
 (j) any other terms or conditions;  
  
 (k) in accordance with Article XVII the terms and conditions, if any, 
under which tenders from countries not Parties to this 
Agreement, but which apply the procedures of that Article, will 
be entertained.  
  
 
Forwarding of Tender Documentation by the Entities   
3. (a) In open procedures, entities shall forward the tender 
documentation at the request of any supplier participating in the 
procedure, and shall reply promptly to any reasonable request 
for explanatio ns relating thereto.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (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 
proce dure for the award of the contract.  
  
 
Article  XIII 
 
Submission,  Receipt  and Opening  of Tenders  and Awarding  of Contracts  
  
1. The submission, receipt and opening of tenders and awarding of 
contracts shall be consistent with the following:  
 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 tende r made thereby must include all the information 
necessary for the evaluation of the tender, in particular the 
definitive price proposed by the tenderer and a statement that 
the tenderer agrees to all the terms, conditions and provisions 
of the invitation t o tender.  The tender must be confirmed 
promptly by letter or by the despatch of a signed copy of the 
telex, telegram or facsimile.  Tenders presented by telephone 
shall not be permitted.  The content of the telex, telegram or 
facsimile shall prevail where th ere is a difference or conflict 
between that content and any documentation received after the 
time-limit; and  (a) tenders shall be submitted in writing;  
 
[EC – GPA/W/87]  
 
It has been suggested that, in order to define the term "writing" to include 
electro nically formatted writings, the following definition could be incorporated 
into the Agreement: " The term "writing" as used in this Agreement is to be 
understood to include any worded or numbered expression which can be read, 
reproduced, and later communic ated, and include electronically transmitted and 
stored information".  
[US -–Job No. 3842)    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  
It has been suggested to add "electronic means" to the list of possible methods 
for receiving bids (i.e. telex, telegram and facsimile) that are already listed.  
 
 It has been suggested to delete:  
 - the phrase "directly or by mail" in the first sentence  
 - the second sentence which reads:  "The tender must be  
  confirmed promptly by letter or by the dispatch of a signed copy  
  of the telex, telegram or facsimile."  
 
  
As an alternative  to the above suggestion it has been suggested to amend 
Article XIII:1(a):  
 
 - to read "in writing, directly, or by mail or electronic  
 means";  
 - to delete the list of possible methods of receiving bids 
 (i.e. telex, telegram and facs imile) that are already 
 listed and to make the requirement, that bids include  all 
the information necessary for the evaluation of the  bid, 
apply to all bids however submitted;  
 - to read "A procuring entity may require that the tender  be 
confirmed prom ptly by letter or by the despatch of a 
 signed copy of the telex, telegram, facsimile or 
 electronic document".  
[Canada – Job No. 3481]  
 
  
 (b) integrity of data and confidentiality of tenders must be 
preserved. Tenders shall not be opened until after the 
deadline set by the contracting entity for receipt of 
tenders;   
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
  (c) whatever means of communication or exchange of 
information chosen they shall not cause a discrimination 
and be consistent with the principles laid down in Article 
3 hereof;  and 
 
 (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.  
  (d) 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.  
[EC – GPA/W/87]  
 
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.  
 It has been suggested to add a provision to indicate that the means for 
submitting tenders may be specified by the procuring entity, provided the 
requirement to use such means shall not reduce access by foreign and 
domestic suppliers.  
[Canada – Job No. 3481]  
Opening of Tenders  
  
3. All tenders solicited under open or selective procedures by entities shall 
be received and opened under procedures and conditions guaranteein g the 
regularity of the openings.  The receipt and opening of tenders shall also be 
consistent with the national treatment and non -discrimination provisions of this 
Agreement.  Information on the opening of tenders shall remain with the entity 
concerned at t he 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.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
Award of Contracts  
  
4. (a) To be considered for award, a tender must, at the time of 
opening, conform to the essential requirements of the notices 
or tender documentation and be from a supplier which complies 
with the conditions for participation.  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.  
  
 (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 fully capable of undertaking the 
contract and whose tender, whether for domestic products or 
services, or products or services of other Parties, is either the 
lowest tender or the tender which in ter ms of the specific 
evaluation criteria set forth in the notices or tender 
documentation is determined to be the most advantageous.  
 It has been said that the reference to "specific evaluation criteria" in this 
subparagraph should be clarified in the light of the relevant terms in 
Article  VIII(b).  
 (c) Awards shall be made in accordance with the criteria and 
essential requirements specified in the tender documentation.  
  
Option Clauses  
  
5. Option clauses shall not be used in a manner which circumvents the 
provisions of the Agreement.  
    
  GPA/TN1994/2/Rev.3  
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article  XIV 
 
Negotiation  
  
It has been said Article XIV should be modified in the light of the practice of 
post-tender or even post -contract award negotiations between the procuring 
entities and tenderers.  
 
It has been suggested that this article could be combined with Articles  VII 
and X on tendering procedures.  
 
1. A Party may provide for entities to conduct negotiations:  
  
 (a) in the context of procurements in which they have indicated 
such intent, namely in the notice referred to in paragraph 2 of 
Article IX (the invitation to suppliers to participate in the 
procedure for the proposed procurement);  or 
  
 (b) when it appears from evaluation that no one tender is obviously 
the most advantageous in terms of the specific evaluation 
criteria set forth in the notices or tender documentation.  
  
2. Negotiations shall primarily be used to identify the strengths and 
weaknesses in tenders.  
  
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.  
  
4. Entities shall not, in the course of negotiations, discriminate between 
different s uppliers.  In particular, they shall ensure that:  
  
 (a) any elimination of participants is carried out in accordance with 
the criteria set forth in the notices and tender documentation;  
  
 (b) all modifications to the criteria and to the technical requirements 
are transmitted in writing to all remaining participants in the 
negotiations;  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (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.  
 It has been said that this provision which seemed to imply that procuring 
entities could initia te new negotiations with the remaining participants would 
need to be clarified.  
 
 
 
 
Article  XV 
 
Limited Tendering  
  
1. The provisions of Articles  VII through XIV governing open and selective 
tendering procedures need not apply in the following conditions, provided that 
limited tendering is not used with a view to avoiding maximum possible 
competition or in a manner which w ould constitute a means of discrimination 
among suppliers of other Parties or protection to domestic producers or 
suppliers:  
  
 (a) in the absence of tenders in response to an open or selective 
tender, or when the tenders submitted have been collusive, or 
not in conformity with the essential requirements in the tender, 
or from suppliers who do not comply with the conditions for 
participation provided for in accordance with this Agreement, on 
condition, however, that the requirements of the ini tial tender 
are not substantially modified in the contract as awarded;  
  
 (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;  
 It has been suggested to add the phrase "or group of suppliers" after "a 
particular supplier" in order to address the circu mstances where the products 
or services can be supplied by a limited number of suppliers.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (c) in so far as is strictly necessary when, for reasons of extreme 
urgency brought about by events unforeseeable by the entity, 
the products or services could not be obtained in time by means 
of open or selective tendering procedures;  
  
 (d) for additional deliveries by the original supplier which are 
intended either as parts replacement for existing supplies, or 
installations, or as the extension of existing suppl ies, 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; 
  
 (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; 
  
 
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.  
6 Original development of a first product or service may include limited production or supply in order to incorporate the resul ts of field testing and to demonstrate that the product 
or service is s uitable for production or supply in quantity to acceptable quality standards.  It does not extend to quantity production or s upply to establish commercial viability or to 
recover research and development costs.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (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  per cent of the amount 
of the main contract;  
  
 (g) for new construction services consisting of the repetition of 
similar construction services which conform to a basic project 
for which an initial contract was awarded i n accordance with 
Articles  VII through XIV and for which the entity has indicated 
in the notice of intended procurement concerning the initial 
construction service, that limited tendering procedures might be 
used in awarding contracts for such new construc tion services;  
  
 (h) for products purchased on a commodity market;  
 It has been said that the Agreement's coverage of procurements through 
commercially -run websites should be examined in the light of the provisions 
of paragraphs (h) and (i)  
 
 (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 recei vership.  It is not intended to cover routine 
purchases from regular suppliers;  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (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 th is 
Agreement, notably as regards the publication, in the sense of 
Article  IX, of an invitation to suitably qualified suppliers, to 
participate in such a contest which shall be judged by an 
independent jury with a view to design contracts being awarded 
to the winners.  
  
 new paragraph (k)  
 
where end -users have specified strong technical or professional 
preferences for using particular suppliers, and are able to support 
their preferences on sound technical or professional reasons.  These 
suppliers should demonstrate that they are able to meet the requisite 
quality standards and delivery schedule over the terms of the contract.  
[Hong Kong, China – Job No. 5269)  
 
2. Entities shall prepare a report in writing on each contract awarded under 
the provisi ons 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 c oncerned 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.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article  XVI 
 
Offsets  
  
1. Entities shall not, in the qualification and selection of suppliers, products 
or services, or in the evaluation of tenders and award of contracts, impose, seek 
or consider offsets.7 
  
2. Nevertheless, having regard to general policy considerations, including 
those relating to deve lopment, a developing country may at the time of 
accession negotiate conditions for the use of offsets, such as requirements for 
the incorporation of domestic content.  Such requirements shall be used only for 
qualification to participate in the procurement  process and not as criteria for 
awarding contracts.  Conditions shall be objective, clearly defined and non -
discriminatory.  They shall be set forth in the country's Appendix I and may 
include precise limitations on the imposition of offsets in any contract  subject to 
this Agreement.  The existence of such conditions shall be notified to the 
Committee and included in the notice of intended procurement and other 
documentation.  
  
 
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:  
 1. Each Party shall encourage entities to indicate the terms and 
conditions, including any deviations from competitive tendering 
procedures or access to challenge procedures, unde r 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:  
 
 
7 Offsets in government procurement are measu res 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.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (a) specify their contracts in accordance with Article  VI (technical 
specifications);  
  (a) specify their contracts in accordance with Article VI 
(technical specifications);  
 
 (b) publish the procurement notices referred to in Article  IX, 
including, in the version of the notice referred to in paragrap h 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 countries Parties to 
this Agreement;  
  (b) publish the procurement notices referred to in Article IX, 
including, in the version of the notice referred to in 
paragraph 8  of Article IX (summary of the notice of 
intended procurement) which is published in an official 
language of the WTO, an indication of the terms and 
conditions under which tenders shall be entertained 
from suppliers situated in countries Parties to this 
Agreement;  
 
 (c) are willing to ensure that their procurement regulations shall not 
normally change during a procu rement and, in the event that 
such change proves unavoidable, to ensure the availability of a 
satisfactory means of redress.  
  (c) are willing to ensure that their procurement regulations 
shall not normally change during a procurement and, in 
the event that such change proves avoidable, to ensure 
the availability of a satisfactory means of redress.  
 
 Each Party shall encourage entities to publish their technical 
specifications on the internet through a single point of access, 
accessible free of ch arge. Where such publication is provided, 
contracting entities shall be encouraged to mention the address of the 
single point of access in the tender notice.  
[EC – GPA/W/87]  
 
2. Governments not Parties to the Agreement which comply with the 
conditions spe cified in paragraphs 1(a) through 1(c), shall be entitled if they so 
inform the Parties to participate in the Committee as observers.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article  XVIII 
 
Information and Review as Regards Obligations of Entities  
  
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:  
 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 at 
least:  
 
 (a) the nature and quantity of products or services in the contract 
award;  
  (a) the nature and quantity of products or services in the 
contract award by referring to the relevant CPV code;  
 
 (b) the name and address of the entity awarding the contract;  
  (b) the name and address of the entity awarding the 
contract;  
 
 (c) the date of award;  
  (c) the date of award;  
 
 (d) the name and address of winning tenderer;  
  (d) the name and address of winning tenderer;  
 
 (e) the value of the winning award or the highest and lowest offer 
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;  
 
 (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 
  (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  
 
 (g) the type of procedure used.  
  (g) the type of procedure used.  
[EC – GPA/W/87]  
 
 
2. Each entity shall, on request from a supplier of a Party, promptly 
provide:  
  
 (a) an explanation of its procurement practices and procedures;     
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (b) pertinent information concerning the reasons why the supplier's 
application to qualify wa s rejected, why its existing qualification 
was brought to an end and why it was not selected;  and 
  
 (c) to an unsuccessful tenderer, pertinent information concerning 
the reasons why its tender was not selected and on the 
characteristics and relative advantages of the tender selected 
as well as the name of the winning tenderer.  
  
3. Entities shall promptly inform participating suppliers of decisions on 
contract awards and, upon request, in writing.  
  
4. However, entities may decide that cert ain information on the contract 
award, contained in paragraphs  1 and 2(c), be withheld where release of such 
information would impede law enforcement or otherwise be contrary to the 
public interest or would prejudice the legitimate commercial interest of p articular 
enterprises, public or private, or might prejudice fair competition between 
suppliers.  
  
 It has been suggested to add a provision requiring that procuring entities must 
meet the same requirements for retention of electronic documents as their 
national legislation, regulations and policies require for paper documents, with 
the proviso that electronic documents may be printed and the paper copies 
only retained.  
[Canada – Job No. 3481]  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article XIX  
 
Information and Review as Regards Obligations of Parties  
  
1. Each Party shall promptly publish any law, regulation, judicial decision, 
administrative ruling of general application, and any procedure (including 
standard contract clauses) regarding government procurement covered by this 
Agreement, in the appropriate publications listed in Appendix IV and in such a 
manner as to enable other Parties and suppliers to become acquainted with 
them.  Each Party shall be prepared, upon request, to explain to any other Party 
its government procuremen t procedures.  
  
2. The government of an unsuccessful tenderer which is a Party to this 
Agreement may seek, without prejudice to the provisions under Article  XXII, 
such additional information on the contract award as may be necessary to 
ensure that the procurement was made fairly and impartially.  To this end, the 
procuring government shall provide information on both the characteristics and 
relative advantages of the winning tender and the contract price.  Normally this 
latter information may be disclosed  by the government of the unsuccessful 
tenderer provided it exercises this right with discretion.  In cases where release 
of this information would prejudice competition in future tenders, this 
information shall not be disclosed except after consultation wi th and agreement 
of the Party which gave the information to the government of the unsuccessful 
tenderer.  
  
3. Available information concerning procurement by covered entities and 
their individual contract awards shall be provided, upon request, to any ot her 
Party.  
  
4. Confidential information provided to any Party which would impede law 
enforcement or otherwise be contrary to the public interest or would prejudice 
the legitimate commercial interest of particular enterprises, public or private, or 
might prejudice fair competition between suppliers shall not be revealed without 
formal authorization from the party providing the information.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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 note by the Chair presenting a draft revision of the text of Article  XIX:5 was 
circulated  in a separate document.  
 (a) for entities in Annex  1, statistics on the estimated value of 
contracts awarded, both above and below the threshold value, 
on a global basis and broken down by entities;  for entities in 
Annexes  2 and 3, statistics on the estimated value of contracts 
awarded above the threshold value on a global basis and broken 
down by categories of entities;  
  
 (b) for entities in Annex  1, statistics on the number and total value 
of contracts awarded above the threshold value, broken dow n 
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; for categories of e ntities 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 
  
 (d) for entities in Annex  1, statistics, broken down by entities, on 
the number and total value of contr acts awarded under 
derogations to the Agreement contained in the relevant 
Annexes;  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.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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 guid ance on methods to be used.  With a view to 
ensuring effective monitoring of procurement covered by this Agreement, the 
Committee may decide unanimously to modify the requirements of 
subparagraphs (a) through (d) as regards the nature and the extent of stat istical 
information to be provided and the breakdowns and classifications to be used.  
  
 
Article  XX 
 
Challenge Procedures  
  
Consultations  
  
1. In the event of a complaint by a supplier that there has been a breach 
of this Agreement in the context of a procurement, each Party shall encourage 
the supplier to seek resolution of its complaint in consultation with the procuring 
entity.  In such instances the procuring entity shall accord impartial and timely 
consideration to any such complaint, in a manner th at is not prejudicial to 
obtaining corrective measures under the challenge system.  
 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  solution of its complaint in 
consultation with the procuring entity. In such instances the procuring 
entity shall accord impartial and timely consideration to any such 
complaint, in a manner that is not prejudicial to obtaining corrective 
measures under t he challenge system.  Such encouragement may take 
place in particular through the designation of one or more bodies 
which can offer their good advice in trying to solve the situation.  
[EC – GPA/W/87]  
Challenge  
  
2. Each Party shall provide non -discriminat ory, 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.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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.  
  
5. The interested suppl ier 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 d ays. 
  
6. Challenges shall be heard by a court or by an impartial and independent 
review body with no interest in the outcome of the procurement and the 
members of which are secure from external influence during the term of 
appointment.  A review body whic h is not a court shall either be subject to judicial 
review or shall have procedures which provide that:  
  
 (a) participants can be heard before an opinion is given or a decision 
is reached;  
  
 (b) participants can be represented and accompanied;  
  
 (c) participants shall have access to all proceedings;  
  
 (d) proceedings can take place in public;  
  
 (e) opinions or decisions are given in writing with a statement 
describing the basis for the opinions or decisions;  
  
 (f) witnesses can be presented;  
  
 (g) documents are disclosed to the review body.  
  
7. Challenge procedures shall provide for:  
    
  GPA/TN1994/2/Rev.3  
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (a) rapid interim measures to correct breaches of the Agreement 
and to preserve commercial opportunities.  Such action may 
result in suspension of the procurement process.  However, 
procedures may provide that overriding adverse consequences 
for the interests concerned, including the public interest, may 
be taken into account in deciding whether such measures should 
be applied.  In such circumstances, just cause for not acting shall 
be provided in writing;  
  
 (b) an assessment and a possibility for a decision on the justification 
of the challenge;  
  
 (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.  
  
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.   
 9. The Parties undertake to designate or establish an independent 
body with a view to solve informally problems encountered in gaining 
access to contracts.  
[EC - GPA/W/87]  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article XXI  
 
Institutions  
  
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 consu lt 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 
which shall carry out such functions as may be given to them by the Committee.  
  
 
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 except as 
otherwise specifically provided below.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
2. If any Party considers that any benefit accruing to it, directly or 
indirectly, under this Agreemen t is being nullified or impaired, or that the 
attainment of any objective of this Agreement is being impeded as the result of 
the failure of another Party or Parties to carry out its obligations under this 
Agreement, or the application by another Party or Parties of any measure, 
whether or not it conflicts with the provisions of this Agreement, it may with a 
view to reaching a mutually satisfactory resolution of the matter, make written 
representations or proposals to the other Party or Parties which it con siders to 
be concerned.  Such action shall be promptly notified to the Dispute Settlement 
Body established under the Dispute Settlement Understanding (hereinafter 
referred to as "DSB"), as specified below.  Any Party thus approached shall give 
sympathetic consideration to the representations or proposals made to it.  
  
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 imple mentation 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, prov ided 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. 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 th e 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."  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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 thi s Agreement.  
  
5. Panels established by the DSB to examine disputes under this 
Agreement shall include persons qualified in the area of government 
procurement.  
  
6. Every effort shall be made to accelerate 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 later than four months, and in 
case of delay not lat er 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 Dis pute 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 case of a disagreement as to the existence or cons istency 
with a covered Agreement of measures taken to comply with the 
recommendations and rulings, within 60 days.  
  
7. Notwithstanding paragraph  2 of Article 22 of the Dispute Settlement 
Understanding, any dispute arising under any Agreement listed in Ap pendix  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 
conce ssions or other obligations under any other Agreement listed in the said 
Appendix  1. 
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
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 which it considers necessary 
for the protection of its essential security interests relating to the procurement 
of arms, ammunition or war materials, or to procurement indispensable for 
national security or for national defence purposes.  
 It has been suggested that the provisions of Article XXIII should be aligned 
with those in the corresponding provisions of GATT 1994.  
2. Subject to the requirement that such measures are not applied in a 
manner which would constitute a means of arbitrary or un justifiable 
discrimination between countries where the same conditions prevail or a 
disguised restriction on international trade, nothing in this Agreement shall be 
construed to prevent any Party from imposing or enforcing measures: necessary 
to protect pu blic 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.  
  
 Possible additional article  
It has been suggested that an article containing definitions of the various terms 
used in the Agreement should be considered.  
   
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 
Article  XXIV 
 
Final Provisions  
  
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 15 April 1994 or have, by that date, signed the Agreement subject 
to ratification and subs equently ratified the Agreement before 1 January 1996.  
  
2. Accession  
  
 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 Agreem ent shall 
enter into force for an acceding government on the 30th day following the date 
of its accession to the Agreement.  
  
3. Transitional Arrangements  
  
 (a) Hong Kong and Korea may delay application of the provisions of 
this Agreement, except Articl es 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 
notified to the Director -General of the WTO 30 days in advance.   
 
8 For the purpose of this Agreement, the term "govern ment" is deemed to include the competent authorities of the European Communities.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (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 Pro curement done at Geneva on 
12 April 1979 as amended on 2  February  1987 (the "1988 
Agreement") shall be governed by the substantive9 provisions 
of the 1988 Agreement, including its Annexes as modified or 
rectified, which provisions are incorporated herein by reference 
for that purpose and shall remain in force until 
31 December  1996.  
  
 (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 Agreem ent. 
 
 
 
  
 (d) Article  XXII shall not enter into force until the date of entry into 
force of the WTO Agreement.  Until such time, the provisions of 
Article  VII of the 1988 Agreement shall apply to consultations 
and dispute settlement under this Agreement, which provisions 
are hereby incorporated in the Agreement by reference for that 
purpose.  These provisions shall be applied under the auspices 
of the Committee under this Agreement.  
  
 (e) Prior to the date of entry into force of the WTO Agreeme nt, 
references to WTO bodies shall be construed as referring to the 
corresponding GATT body and references to the Director -
General of the WTO and to the WTO Secretariat shall be 
construed as references to, respectively, the Director -General 
to the CONTRACT ING PARTIES to GATT 1947 and to the GATT 
Secretariat.    
 
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.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
4. Reservations  
  
 Reservations may not be entered in respect of any of 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 anne xed 
hereto, with the provisions of this Agreement.  
  
 (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.  
  
6. Rectifications  or Modifications  
  
 (a) Rectifications, transfers of an entity from one Annex to another 
or, in exceptional cases, other modifications relating 
to Appendices  I through IV shall be notified to the Committee, 
along with information as to the likely consequences of the 
change for the mutually agreed coverage provided in this 
Agreement.  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. 
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
 (b) Where a Party wishes, in exercise of its rights, to withdraw an 
entity from Appendix  I on the grounds that government control 
or influence over it has been effectively eliminated, that Party 
shall notify the Committee.  Such modification shall become 
effective the day after the end of the following meeting of the 
Committee, provided that the meeting is no sooner than 30 days 
from the date of notification and no objection has been made.  
In the event of an objection, the matter may be pursued in 
accordance with the pr ocedures 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 gover nment control or 
influence.  
 Where a Party wishes, in exercise of its rights, to withdraw an 
entity from Appendix  I on the grounds that government control 
or influence over it has been effectively eliminated, that Party 
shall notify the Committee.  Such mod ification shall become 
effective the day after the end of the following meeting of the 
Committee, provided that the meeting is no sooner than 30 
days from the date of notification and no objection has been 
made.  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, it shall be deemed that 
government control or influence over the entity in question has  
been effectively eliminated if all of the following conditions are 
met:  
 (a) the government does not provide the entity with 
any special and exclusive right to operate;  
 (b) the government does not appoint more than half 
of the members of the entity's man aging board 
which has the power to decide on its operations;  
and 
 (c) the operation of the entity is financed by its 
business revenue, not by government subsidies 
or equity infusion.  
Unless these conditions are met, a compensatory adjustment may be 
sought for any remaining government control or influence.  
[Japan – Job No. 860]  
   
  GPA/TN1994/2/Rev.3  
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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.  
  
 (b) Not later than the end of the third year from the date of entry 
into force of this Agreement and periodically thereafter, the 
Parties thereto shall undertake further negotiations, 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.  
  
 (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.  
  
8. Information Technology  
  
 With a view to ensuring that  the Agreement does not constitute an 
unnecessary obstacle to technical progress, Parties shall consult regularly in the 
Committee regarding developments in the use of information technology in 
government procurement and shall, if necessary, negotiate modi fications to the 
Agreement.  These consultations shall in particular aim to ensure that the use of 
information technology promotes the aims of open, non -discriminatory and 
efficient government procurement through transparent procedures, that 
contracts cover ed 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 a ny potential problems.   
 It has been said that this article should be revised in the light of the ongoing 
work on possible modifications to the Agreement.    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
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 an y Party until it has been accepted by 
such Party.  
  
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.    
 (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 
Agreeme nt 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.  
  
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.  
  
12. Notes,  Appendices and Annexes  
  
 The Notes, Appendices and Annexes to this Agreement constitute an 
integral part thereof.  
  
13. Secretariat  
  
 This Agreement shall be serviced by the WTO Secretariat.  
    
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AGREEMENT ON GOVERNMENT PROCUREMENT (1994)  PROPOSED MODIFICATIONS  
14. Deposit  
  
 This Agreement shall be deposited with the Director -General of the 
WTO, who shall promptly furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification thereto pursuant to paragraph  6 
and of each amendment thereto pursuant to paragraph  9, and a notification of 
each acceptance thereof or accession thereto pursuant to paragraphs  1 and 2 
and of each withdrawal  therefrom pursuant to paragraph  10 of this Article.  
  
15. Registration  
  
 This Agreement shall be registered in accordance with the provisions of 
Article 102 of the Charter of the United Nations.  
  
 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/TN1994/2/Rev.3  
- 63 - 
  ATTACHMENT  
 
OUTLINE OF A POSSIBLE FUTURE STRUCTURE FOR THE GPA  
("À DROIT CONSTANT")  
 
 
 The restructuring should consist of four sequential elements:  
 
1. deletion of those provisions relating to the entry into force of the WTO and transitional 
periods which have now expired (such as Article XXIV:3(a), (b), (d) and (e));  
 
2. grouping related provisions together to follow general WTO practice on structure of 
agreements and the procurement procedure more closely, as well as to facilitate ease of 
use; 
 
3. renaming Art icles to more closely reflect their content;  and  
 
4. renumbering the Articles in the new structure to make them consecutive.  
 
 A possible revised structure of the main body of the GPA (not addressing the Preamble or 
the Appendices) based on these elements  is set out below.  It is not intended to be exhaustive.  
Neither does it take account of the fact that several Articles may need to be either clarified or 
reformulated - for example, the existing Articles XI and XII.  
 
A. SCOPE AND COVERAGE OF THE AGREEMENT  
 
 Article 1  Scope and coverage (was Article I)  
 
 Article 2  Valuation of contracts (was Article II)  
 
B. BASIC PRINCIPLES  
 
 Article 3  Publication of legislation (was Article XIX:1)  
 [This could also be moved to Part D]10 
 
 Article 4  National treatment and MFN (was Article XIX:1)  
 
 Article 5  Rules of origin (products and services) (was Article IV)  
 [NB: This Article contains an in -built review mechanism]  
 
 Article 6  Offsets (was Article XVI)  
 
 Article 7  Access of non -Parties to the Agreement (w as Article XVI:1)  
 
C. PROCUREMENT PROCEDURES  
 
 Article 8  Methods of procurement (was Article VII)  
 
 Article 9  Use of the selective tendering pr ocedure (was Article X)  
 
 Article 10  Use of the limited tendering procedure (was Article XV)  
 
 Article 11  Qualification requirements for suppliers (was Article VIII)  
 
 Article 12  Technical specifications (was Article VI)  
 
 Article 13  Information to bidders:  notices (was Article IX)  
 
 
10 In commenting on this proposal, it has been suggested that Article XIX:1 on publication of basic 
legislation should be placed between sections B and C.  GPA/TN1994/2/Rev.3  
- 64 - 
   Article 14  Information to bidders:  tender documentation (was Article XII)  
 Article 15  Time-limits for the submission of bids (was Article XI)  
 
 Article 16  Submission, receipt and opening of tenders (was Article  XIII:1 -3 + 
Article  XXII:1)  
 [This Article could be further split]  
 
 Article 17  Negotiation (was Article XIV)  
 
 Article 18  Award of contracts (was Article XIII:4 -5) 
 
 Article 19  Information on contracts awarded (was Article XVIII:1, 3, 4)  
 
C.1 BID REVIEW  
 
 Article 20  Information obligations of entities (was Article XVIII:2)  
 
 Article 21  Challenge procedures (was Article XX)  
 
D. INSTITUTIONAL PROVISIONS  
 
 (This chapter could be divided into different chapters, for instance exceptions to the 
Agreement + Article on developing countries could be a different chapter called "Exceptions to the 
Agreement".)  
 
 Article 22  Information obligation of Parties (was Article XIX:2 -4) 
 
 Article 23  Exceptions to the Agreement (was Article XXIII)  
 
 Article 24  Special treatment for developing countries (was Article V)  
 [NB: This Article has an in -built review mechanism]  
 
 Article 25  Statistical reporting requirements (was Article XIX:5)  
 [NB: This Article has in -built review mechanism]  
 
 Article 26  Institutions (was Article XXI)  
 
 Article 27  Consultations and dispute settlement (was Article XXII)  
 
 Article 28  Final provisions (was Arti cle XXIV and Article XVII:2 on observer status)  
 
 
__________