RESTRICTED  
  
GPA/TN1994/4  
 
15 March 2004 
(24-2628) Page: 1/52 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994    
 
  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT (GPA)  
AS OF 20  FEBRUARY  2004:  SIDE -BY-SIDE TEXT* 
NOTE  BY THE SECRETARIAT  
As requested by the Committee, the purpose of this document is to present in a side -by-side table 
the revised draft text of the Agreement on Government Procurement as at 20  February  2004 and 
the corresponding provisions of the 1994  Agreement currently in force.  
 
The structure of the side -by-side table follows the structure of the side -by-side table prepare d after 
the meeting of the Committee in August  2003 (Job  No. 6985, dated 15  September  2003).  It might 
not give a complete and fully updated picture as to which individual provisions in the 
1994 Agreement correspond to the provisions of the revised draft te xt. The Secretariat is looking 
into whether this could be improved and, if so, an update will be circulated prior to the April meeting.  
 
_______________  
 
 
 
* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs134 ) was derestricted on 8 November 2023.  GPA/TN1994/4  
 
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Article  I Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV Publication of Procurement Information  
Article  V Publication of Notice of Intended 
Procurement  
Article  VI Time-Periods for Tendering  
Article  VII Informa tion on Intended Procurements  
Article  VIII Conditions for Participation  
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
Article  XIbis Use of Electronic Means  
Article  XII Transparency of Contract Award 
Information  
Article  XIII Non-Disclosure of Information  
Article  XIV Developing Countries  
Article  XV Exceptions to the Agreement  
Article  XVI Modifications and Rectifications to 
Coverage  
Article  XVII Challenge Procedures  
Article  XVIII Consultations and Dispute Settlement  
Article  XIX Institutions  
Article  XX Final Provisions   
Preamble   
Parties to this Agreement (hereinafter referred to as 
"Parties"),   Parties to this Agreement  (hereinafter referred 
to as "Parties"),  
Recognizing  the need for an effective multilateral 
framework for government procurement, with a view 
to achieving greater liberalization and expansion of, 
and improving the framework for, the conduct of 
internation al trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations with 
respect to laws, regulations, procedures and practices 
regarding government procurement with a view to 
achieving greater liberalization and expansion of  
world trade and improving the international 
framework for the conduct of world trade;  
Recognizing  that measures regarding government 
procurement should not be prepared, adopted or 
applied so as to afford protection to domestic 
suppliers, goods or service s or discriminate among 
foreign suppliers, goods or services;  
  Recognizing  that laws, regulations, procedures 
and practices regarding government procurement 
should not be prepared, adopted or applied to foreign 
or domestic products and services and to for eign or 
domestic suppliers so as to afford protection to 
domestic products or services or domestic suppliers 
and should not discriminate among foreign products 
or services or among foreign suppliers;  
Recognizing  that the integrity and predictability of 
government procurement systems are integral to the 
efficient and effective management of public 
resources, the performance of the Parties' economies, 
and the functioning of the multilateral trading system;   
Recognizing  that the procedural commitments under 
this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each 
Party;   GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
  Recognizing  the need to establish international 
procedures on notification, consultation, surveillance 
and dispute settlement with a view to ensurin g a fair, 
prompt and effective enforcement of the international 
provisions on government procurement and to 
maintain the balance of rights and obligations at the 
highest possible level;  
[Recognizing  the need to take into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed 
countries;]1 [NB: To be revised in light of revision 
of relevant provisions related to developing 
countries.]   Recognizing  the need to take into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed countries;  
 
Recognizing the desirability of transparent measures 
regarding government procurement and the 
importance of ca rrying out procurements in a 
transparent and impartial manner, avoiding conflict of 
interest and corrupt practices, in accordance with 
relevant international instruments;   Recognizing  that it is desirable to provide 
transparency of laws, regulations, proce dures and 
practices regarding government procurement;  
[Recognizing the importance of encouraging the use 
of electronic means for procurement covered by this 
Agreement;]US,SWI  
  Desiring , in accordance with paragraph 6(b) of 
Article IX of the Agreement o n Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
Desiring  to encourage acceptan ce of and accession to 
this Agreement by WTO Members not party to it;  
  Desiring  to encourage acceptance of and 
accession to this Agreement by governments not 
party to it;  
Having undertaken  further negotiations in pursuance 
of these objectives;   Having  undertaken  further negotiations in 
pursuance of these objectives;  
Hereby agree  as follows:   Hereby agree  as follows:  
Article  I 
Definitions   
For purposes of this Agreement:   
[build -operate -transfer contract  and public 
works concession contract mean  any contractual 
arrangement the primary purpose of which is to 
provide for the construction or rehabilitation of 
physical infrastructure, plant, buildings, facilities or 
other govern ment-owned works and under which, as 
consideration for a supplier's execution of a 
contractual arrangement, a procuring entity grants to 
the supplier, for a specified period of time, temporary 
ownership or a right to control and operate, and 
demand payment  for the use of such works for the 
duration of the contract;]US [Market Access Issue ]  
commercial goods and services  mean goods and 
services with characteristics similar to those of goods 
and services that are sold or offered for sale to, and 
customarily purchased by, non -governmental buyers 
for non -governmental purposes;  [it includes goods 
and services with modificatio ns customary in the 
commercial marketplace]JPN,US,CDA,EC [as well as minor 
modifications not customarily available in the 
commercial marketplace that do not significantly alter 
the non -governmental function or essential physical 
characteristics or change t he purpose]US,CDA;  
 
1 Unattributed brackets [ ] indicates language that Parties are still considering.  GPA/TN1994/4  
 
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construction services contract  means a contract 
that has as its objective the realization by whatever 
means of civil or building works[, in the sense of 
Division 51 of the Provisional U.N. Central Product 
Classification (CPC)];  [Bracke ted Language - 
Market Access Issue ] Annex 5  
 A construction services contract is a contract 
which has as its objective the realization by whatever 
means of civil or building works, in the sense of 
Division 51 of the Central Product Classification.  
country  or countries  include any separate customs 
territory that is a Party to this Agreement.  In the case 
of a separate customs territory that is a Party to this 
Agreement, where an expression in this Agreement is 
qualified by the term "national", such expressio n shall 
be read as pertaining to that customs territory, unless 
otherwise specified;  
 Notes  
 The terms "country" or "countries" as used in 
this Agreement, including the Appendices, are to be 
understood to include any separate customs territory 
Party to thi s Agreement.  
 
Notes  
 In the case of a separate customs territory 
Party to this Agreement, where an expression in this 
Agreement is qualified by the term "national", such 
expression shall be read as pertaining to that 
customs territory, unless otherwise spe cified.  
days means calendar days;   
[electronic auction  means an iterative process 
involving [a computer networking environment]US [an 
electronic device]EC for the presentation of new prices 
[or]US,EC revised [downwards,]EC or new values 
concerning certain elements of tenders, which occurs 
after an initial full evaluation of the tenders, enabling 
them to be ranked using automatic evaluation 
methods;]EC,US,KOR [NB: Canada questions the need 
for the phrase "which occurs after an initial full 
evaluation of the tenders" and whether it is 
necessary to prejudge the sequence of the 
evaluation and auction.]   
[electronic means  means using [a computer 
networking environment]US [electronic equipment]EC 
for the processing (including dig ital compression) and 
storage of data [that]US,EC is transmitted, conveyed 
and received by Internet, by wire, by radio, by optical 
means or by other electromagnetic mean;]EC,US [NB: 
Canada, Japan and Israel reserve their position 
on this definition because  of its links to other 
provisions.]   
in writing  or written  means any worded or 
numbered expression that can be read, reproduced 
and later communicated.  It may include electronically 
transmitted and stored information;   
limited tendering  means a procureme nt method 
where the procuring entity contacts a supplier or 
suppliers of its choice, [only under the conditions 
specified in [paragraph … of Article  X] and may 
choose not to apply Articles [ ]]EC; [NB: Japan, 
Canada and the US propose to delete this 
defini tion.]  Article  VII:3 
(c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. 
measure  means any law, regulation, procedure, [or 
any act of a procuring entity relating to a covered 
procurement]EC [requirement applied in a particular 
procurement,]US,NOR,JPN administrative guidance or 
practice [administrative ruling of general 
application]CT;  
multi -use list  means a list of suppliers that a 
procuring entity has determined satisfy the conditions 
for participation in that list, and that the procuring 
entity intends to use more than once;   
notice of intended procurement  means a notice 
published  by a procuring entity in accordance with 
Article  V inviting interested suppliers to submit 
tenders;   GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
offsets  in government procurement means any 
[measures,]CT conditions or undertakings that 
encourage local development or improve a Party's 
balance -of-payments accounts, such as the use of 
domestic content, domestic suppliers, the licensing of 
technology, technology transfer, investment, counter -
trade and similar actions [unless such conditions or 
undertakings are necessary to enable the contracts to 
be per formed]HKC; [NB: Hong Kong, China is 
concerned that the addition of "domestic 
suppliers" and, along with Korea and Israel, that 
"technology transfer" expands the scope of 
offsets.]  Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
improve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 
open tendering  means a procurement method where 
all interested suppliers may submit a tender;  [NB: 
Japan and Canada propose to delete this 
definition.]  Article  VII:3 
(a) Open tendering procedures are those 
procedures under which all interested 
suppliers may submit a tender.  
person  means a natural person or a juridica l person;   
[procurement  means the process by which a 
[government]US [procuring entity]JPN,CT obtains the use 
of or acquires goods or services, or any combination 
thereof, for governmental purposes and not with a 
view to commercial sale or resale, or use in the 
production or supply of goods or services for 
commercial sale or resale;]JPN,US [Market  Access 
Issue ]  
procuring entity  means an entity covered under 
Annexes 1, 2 and 3 of Appendix I of each Party;   
qualified supplier  means a supplier that a procuring 
entity recognizes as having satisfied the conditions for 
participation in a procurement;   
[recurring contracts  mean contracts, not based on 
an initial contract or agreement, which are regular in 
nature or which are intended to be renewed within a 
given period;]EC,CT  
selective tendering  means a procurement method 
where only suppliers satisfy ing the conditions for 
participation are invited by the procuring entity to 
submit a tender;  [NB: Japan and Canada propose 
to delete this definition.]  Article VII:3  
(b) Selective tendering procedures are those 
procedures under which, consistent with 
paragr aph 3 of Article  X and other relevant 
provisions of this Agreement, those suppliers 
invited to do so by the entity may submit a 
tender.  
services  includes construction services, unless 
otherwise specified;   
[standard  means a document approved by a 
recognized body, that provides, for common and 
repeated use, rules, guidelines or characteristics for 
products or services or related processes and 
production methods, with which compliance is not 
mandatory.  It may also incl ude or deal exclusively 
with terminology, symbols, packaging, marking or 
labelling requirements as they apply to a product, 
service, process or production method;]JPN,EC,US,KOR,NOR Footnote  
4. For the purpose of this Agreement, a standard 
is a document approved by a recognized body, that 
provides, for common and repeated use, rules, 
guidelines or characteristics for products or services 
or related processes and production methods, with 
which compliance is not mandatory.  It may also 
include or de al exclusively with terminology, symbols, 
packaging, marking or labelling requirements as they 
apply to a product, service, process or production 
method.  
supplier  means a person or group of persons that 
provides or could provide goods or services;   GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[technical regulation  means a document which lays 
down characteristics of a product or a service or their 
related processes and production methods, including 
the applicable administrative provisions, with which 
compliance is mandatory.  It may also include or de al 
exclusively with terminology, symbols, packaging, 
marking or labelling requirements as they apply to a 
product, service, process or production method;]JPN,EC Footnote  
3. For the purpose of this Agreement, a technical 
regulation is a document which lays down 
characteristics of a product or a service or their 
related processes and production methods, including 
the applicable administrative provisions, with which 
compliance is mandatory.  It may also include or deal 
exclusively with terminology, symbols, pac kaging, 
marking or labelling requirements as they apply to a 
product, service, process or production method.  
technical specification  means a tendering 
requirement that:  
 
(a) lays down the characteristics of goods 
or services to be procured, including 
quality, performance, safety and 
dimensions, or the processes and 
methods for their production or 
provision;  or 
(b) addresses terminology, symbols, 
packaging, marking or labelling 
requirements, as they apply to a good 
or service.  Article  VI 
1. Technical specifications laying down the 
characteristics of the products or services to be 
procured, such as quality, performance, safety and 
dimensions, symbols, terminology, packaging, 
marking and labelling, or the processes and methods 
for their productio n and requirements relating to 
conformity assessment procedures prescribed by 
procuring entities....   
Article  II 
Scope and Coverage  Article  I 
Scope and Coverage  
Application of Agreement   
1. This Agreement applies to any measure 
regarding a procuring entity's procurement of goods, 
services or any combination thereof that is covered by 
this Agreement.  1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as spec ified in 
Appendix I.  
2. This Agreement applies to procurement:  
 
(a) by any contractual means, including 
purchase;  lease;  rental or hire 
purchase, with or without an option to 
buy [and build -operate -transfer 
contracts and concessions for public 
works contracts;]US [with or without 
utilization of the funds and the 
managerial or technical ability of the 
private sector]JPN; and [Bracketed 
Language – Market Access Issue ] 2. This Agreement applies to procurement by any 
contractual means, including through such methods 
as purchase or as lease, rental or hire purchase, with 
or without an option to buy, including any 
combination of products and services.  
 
(b) for which the value as estimated, in 
accordance with paragraph  6, equals or 
exceeds the relev ant threshold specified 
in Appendix  I, at the time of publication 
of a notice in accordance with Article  V. 
 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the 
time of publication of the notice in accordance with 
Article IX.  
[2bis. Without prejudice to Article  [Exceptions], this 
Agreement applies to any procurement:  
 
(a) of central government entities where 
the value is estimated to equal or 
exceed:  
- [ ] SDR for contracts for supply 
of goods and services;  
- [ ] SDR for contracts for 
construction service s;  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) of sub -central government entities 
where the value is estimated to equal or 
exceed:  
- [ ] SDR for contracts for supply 
of goods and services;  
- [ ] SDR for contracts for 
construction services;   
(c) of entities according to Appendix  I, 
Annex  3 where the value is estimated to 
equal or exceed:  
- [ ] SDR for contracts for supply 
of goods and services;  
- [ ] SDR for contracts for 
construction services.]EC 
[Market Access Issue ] [NB: Korea does not 
support the text (2 bis) proposed by the EC.]  
3. For each Party, Appendix  I shall be divided into 
five Annexes:  
 
(a) Annex  1 specifies the central 
government entities whose procurement 
is covered by this Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose procurement 
is covered by this Agreement;  
 
(c) Annex  3 specifies all other entities 
whose procurement is covered by this 
Agreement;  
 
(d) Annex  4 specifies the services covered 
by this Agreement;  and 
 
(e) Annex  5 specifies the construction 
services covered by this Agreement.  1. For each Party, Appendix I is divided into five 
Annexes:  
 
 - Annex 1 contains central 
government entities.  
 
 - Annex 2 contains sub -central 
government entities.  
 
 - Annex 3 contains all other 
entities that procure in accordance 
with the provisions of this 
Agreement.  
 
 - Annex 4 specifies services, 
whether listed positively or 
negatively, covered by this 
Agreement.  
 
 - Annex 5 specifies covered 
construction services.  
 
Footnote  
1. Relevant thresholds are specified in eac h 
Party's Annexes.  
Compliance   
4. Each Party shall [take such reasonable 
measures as may be available to it to]CDA,HKC ensure 
that the procuring entities listed in its Appendix  I 
comply with the provisions of [Articles  VII to X of]CDA 
this Agreement in conducting procurement covered by 
this Agreement.  [NB: The EC, the US, Switzerland, 
Singapore, Japan, Norway and Korea ha ve 
reservation on the bracketed language.]  Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
5. Where a procuring entity, in the context of 
procurement covered by this Agreement, requires 
persons not listed in Appendix  I to procure in 
accordance with particular requirements, Article  III 
shall apply mutatis mutandis  to such requirements.  3. Where entit ies, 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.  
Valuation  Article  II 
Valuation of Contracts  
6. In estimating the value of a procurement for 
the purpose of ascertaining whether that procurement 
is covered by this Agreement, a procuring entity shall:  1. The following provisions shall apply in 
determining  the value of contracts2 for purposes of 
implementing this Agreement.  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) neither divide a procurement into 
separate procurements nor select or use 
a particular valuation method for 
estimating the value of a procurement 
with the intention of totally or pa rtially 
excluding it from the application of this 
Agreement;  3. The selection of the valuation method by the 
entity shall not be used, nor shall any procurement 
requirement be divided, with the intention of avoiding 
the application of this Agreement.  
 
[(b) take into account all forms of 
remuneration, including any premiums, 
fees, commissions, interest and, where 
the procurement provides for the 
possibility of option clauses, the total 
maximum value of the procurement, 
inclusive of optional purchases;  and] 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
6. In cases where an intended procurement 
specifies the need for option clauses, the basis for 
valuation shall be the tot al value of the maximum 
permissible procurement, inclusive of optional 
purchases.  
[(b)bis include the maximum total 
estimated value of the procurement 
over its entire duration, taking into 
account premiums, fees, 
commissions, interest and other 
revenue st reams [ Market Access 
Issue ] that may be provided for in 
such contracts and, where the 
procurement provides for the 
possibility of option clauses, the 
total maximum value [or total 
maximum estimated value] of the 
procurement, inclusive of optional 
purchases , and any estimated 
residual value in the case of leases, 
rentals and hire purchases;  
and]CDA,US,HKC,JPN  
[(c) without prejudice to the terms of 
paragraphs  7 and 8, base the 
calculation on:  
(i) the total maximum value of the 
procurement over its entire duration 
where the procurement is conducted in 
multiple parts, with contracts to be 
awarded to one or more suppliers, at 
the same time or over a given time;  or 
 
(ii) [[the total maximum value of]EC the 
contracts, [in case of framework 
purchasing]EC, that are to be awarded 
over a given period to one or more 
suppliers.]EC; or 
 
(iii) [on the total estimated maximum value 
of the procurement over its entire 
duration when the total price of the 
procurement is not specified.]SWI] 
[NB: Japan questions the need for 
subparagraph  (c).]  
 
[(c)bis deem the procurement [the estimated 
value of which cannot be provided]HKC to 
be covered if the scope of the work or 
the period of the contract is 
indefinite.]CDA,US,HKC,JPN  
 
[NB: Canada is proposing that 
subparagraphs  6(b)bis and (c)bis also replace 
paragraphs  7 and  8. The EC considers Canada's 
proposal to relate to market acce ss as it would 
change coverage.]   GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[7. In the case of a recurring procurement [other 
than framework purchasing]EC, the calculation of the 
estimated value shall be based on the total of:  
(a) the actual aggregate value of recurring 
contracts with similar cha racteristics 
awarded during the preceding 
12 months or fiscal year, adjusted 
where possible to take account of 
anticipated changes in quantity or value 
over the subsequent 12  months;  or 
[NB: Hong Kong, China considers 
that the scope of "recurring 
contracts  with similar 
characteristics" should be clarified.]  
(b) the estimated aggregate value of 
recurring contracts to be awarded 
during the 12  months subsequent to the 
initial contract or during the procuring 
entity's fiscal year, whichever is 
greater.]EC 
[NB: Korea , Switzerland and Canada question 
the meaning and application of this paragraph. ] 4. If an individual requirement for a procurement 
results in the award of more than one contract, or in 
contracts being awarded in separate parts, the basis 
for valuation shall be either:  
 (a) the actual value of similar recurring 
contracts concluded over the 
previous fiscal year or 12 months 
adjusted, where possible, for 
anticipated changes in quantity and 
value over the subsequent 12 
months;  or 
 (b) the estimate d value of recurring 
contracts in the fiscal year or 12 
months subsequent to the initial 
contract.  
 
[8. In the case of procurement by lease, rental or 
hire purchase of goods or services, [or procurement 
for which a total price is not specified,] the basis  for 
valuation shall be, with respect to:  [NB: Switzerland 
and Canada propose to delete from the first 
sentence the words "or procurement for which a 
total price is not specified".]  
(a) fixed-term contracts, where the term is 
12 months or less, the total contract 
value for their duration, or, where the 
term exceeds 12  months, the total 
value including any estimated residual 
value;  or 
(b) contracts for an indefinite period, the 
monthly instalment multiplied by 
[48].EC,JPN,NOR,US,KOR,HKC Where there is  
doubt as to whether the contract is to 
be a fixed -term contract, this basis for 
valuation shall be used.]  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 pri ce, the 
basis for valuation shall be:  
(a) in the case of fixed -term contracts, 
where their term is 12 months or less, 
the total contract value for their 
duration, or, where their term exceeds 
12 months, their total value including 
the estimated residual va lue; 
(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.  
 
Article  III 
General Principles  Article  III 
National Treatment and Non-discrimination  
National Treatment and Non -Discrimination   
1. With respect to any measure and any 
procurement covered by this Agreement, each Party 
[and each procuring entity[, 
respectively,]EC,NOR,SWI,JPN]US,EC,NOR,SWI,JPN shall accord 
immediately and unconditionally to the goods and 
services of any other Party and to the suppliers of any 
other Party offering the goods or services of any other 
Party, treatment no less favourable than the 
treatment the Party [or the procurin g entity]US,EC,NOR,JPN 
accords to:  
 
(a) domestic goods, services and suppliers;  
and 
 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 
 
(b) that accorded to products, services and 
suppliers of any other Party.  
 
Article  VII GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) goods, services and suppliers of any 
other Party.  1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
2. With respect to any measure and any 
procurement covered by this Agreement, neither a 
Party nor a procuring entity shall:  
 
(a) treat a locally established supplier less 
favourably than another locally 
established supplier on the basis of 
degree of foreign affiliation or 
ownership;  nor 
 
(b) discriminate against a locally 
established supplier on the basis that 
the goods or services offered by that 
supplier for a particular procurement 
are goods or  services of any other 
Party.  Article  III 
2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall ensure:  
 
(a) that its entities shall not treat a locally -
established s upplier less favourably 
than another locally -established 
supplier on the basis of degree of 
foreign affiliation or ownership;  and 
 
(b) that its entities shall not discriminate 
against locally -established suppliers on 
the basis of the country of production 
of the good or service being supplied, 
provided that the country of production 
is a Party to the Agreement in 
accordance with the provisions of 
Article  IV. 
Procurement Methods  Article  VII 
Tendering Procedures  
3. A procuring entity shall conduct procurement 
covered by this Agreement in a manner that is 
consistent with this Agreement, and, except where 
specifically provided otherwise in this Agreement, in a 
transparent [and impartial]EC,US,JPN manner, using 
methods such as open tendering, s elective tendering 
and limited tendering.  1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
2. Entities shall n ot provide to any supplier 
information with regard to a specific procurement in a 
manner which would have the effect of precluding 
competition.  
[3bis. A procuring entity[, [in Annexes 1]JPN and 3,]US 
shall ensure that [a procurement official does not 
prepare or make decisions in a [procurement covered 
by this Agreement]NOR,US where the official’s 
impartiality may]NOR,US,CDA,HKC,SWI [the impartiality of its 
procurement process may not]JPN be affected b y 
family ties, business links, cross representation or 
other reasons that may cause a conflict of interest[, in 
accordance with the measures of the Party of the 
procuring entity].JPN]NOR,US,CDA,HKC,SWI,JPN [Procuring 
entities shall ensure that procurement is conducted in 
a transparent and impartial manner.]EC [NB: Norway 
is considering the preparation of a revised text 
at the request of the Chair.]   
Rules of Origin  Article  IV 
Rules of Origin  
4. For purposes of procurement covered by this 
Agreement, no Par ty may apply rules of origin to 
goods or services imported from or supplied by 
another Party that are different from the rules of 
origin the Party applies at the same time in the 
normal course of trade to imports or supplies of the 
same goods or services f rom the same Party.  1. A Party shall not apply rules of origin to 
products or services imported or supplied for 
purposes of government procurement covered by this 
Agreement from other Parties, which are different 
from the rules of origin applied in the nor mal course 
of trade and at the time of the transaction in question 
to imports or supplies of the same products or 
services from the same Parties.  
Offsets  
 Article  XVI 
Offsets  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. With regard to procurement covered by this 
Agreement, a procuring entity shall not seek, take 
account of, impose or enforce offsets in the 
qualification and selection of suppliers, goods or 
services, in the evaluation of tenders or in the award 
of contracts, prior to or in the course of a 
procurement process.  [NB: Hong Kong, China is 
concerned that the use of "enforce" expands the 
scope of the provision.]  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 
development, a developing country may at the time 
of accession negotiate conditions for the use of 
offsets, such as requirements for the in corporation 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.  
Measures Not Specific to Procurement   
6. The provisions of paragraphs  1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties  and charges, other 
import regulations or formalities, and measures 
affecting trade in services other than measures 
governing procurement covered by this Agreement.  Article  III 
3. The provisions of paragraphs 1 and 2 shall not 
apply to customs duties and c harges 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 regard ing 
government procurement covered by this Agreement.  
Article  IV 
Publication of Procurement Information   
Each Party shall:  
 
(a) promptly publish any law, regulation, 
judicial decision, administrative ruling of 
general application, standard contract 
clauses that are mandated by law or 
regulation and are incorporated by 
reference in notices and tender 
documentation and procedure regarding 
procurement covered by this 
Agreement, and any modifications 
thereof, in officially designated 
electronic or paper media that are 
widely disseminated and remain readily 
accessible to the public and that are in 
the appropriate publications listed in 
Appendix  IV; and 
 
(b) provide an explanation thereof to any 
Party, on request.  Article  XIX 
1. Each Party shall promptly publish any law, 
regulation, judicial decision, administrative ruling of 
general application, and any procedure (including 
standard contract clauses) regarding government 
procurement covered by this Agreement, in the 
appropriate publications  listed in Appendix IV and in 
such a manner as to enable other Parties and 
suppliers to become acquainted with them.  Each 
Party shall be prepared, upon request, to explain to 
any other Party its government procurement 
procedures.  
Article  V 
Publication of Notice of Intended Procurement  Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
1. For each procurement covered by this 
Agreement, except in the circumstances described in 
Article  X, a procuring entity shall publish a notice of 
intended  procurement.  The notice shall be published 
in the appropriate publication listed in Appendix  II. 
[Such publications] [The notices] shall be in 
[electronic or]ISR paper media that are widely 
disseminated and remain readily accessible to the 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. 
 GPA/TN1994/4  
 
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public.  [[For p rocuring entities in Annex  1 s]US,HKC,JPN 
[In all cases, s]EC [[S]uch publications] [the notices] 
[where electronic]US,HKC shall [always]EC be accessible 
free of charge through a single point of 
access].EC,NOR,US,KOR,SWI,HKC [Procuring entities in 
Annexes  2 and 3 shall be encouraged to make such 
publications available free of charge through a single 
point of access.]US,JPN] [Where electronic, the Party 
shall ensure [such publications] [the notices] are 
accessible from one location.]CDA,SGP 2. The invitation to participate may take the form 
of a notice of proposed procurement, as provided for 
in paragraph  6. 
 
2. [Each notice of intended procurement shall 
include]EC [A procuring entity shall include the 
following infor mation in each notice of intended 
procurement]CDA,US: 6. Each notice of proposed procurement, referred 
to in paragraph  2, shall contain the following 
information:  
 
(a) the name and address of the procuring 
entity and other information necessary 
to contact the procuring entity and 
obtain all relevant documents relating to 
the procurement, and their cost and 
terms of payment, if any;  (e) the address of the entity awarding the 
contract and providing any information 
necessary for obtaining specification s 
and other documents;  
 
(g) the amount and terms of payment of 
any sum payable for the tender 
documentation; and  
 
Article XIII:1  
(a) tenders shall normally be submitted in 
writing directly or by mail.  If tenders by 
telex, telegram or facsimile are 
permitte d, the tender made thereby 
must include all the information 
necessary for the evaluation of the 
tender, in particular the definitive price 
proposed by the tenderer and a 
statement that the tenderer agrees to 
all the terms, conditions and provisions 
of the invitation to tender.  The tender 
must be confirmed promptly by letter 
or by the despatch of a signed copy of 
the telex, telegram or facsimile.  
Tenders presented by telephone shall 
not be permitted.  The content of the 
telex, telegram or facsimile shall prev ail 
where there is a difference or conflict 
between that content and any 
documentation received after the time -
limit; 
(b) a description of the procurement, 
including the nature and the quantity of 
the goods or services to be procured or, 
where the quantity is not known, the 
estimated quantity;  Article  IX:6 
(a) the nature and quantity, […]  
 
 
- [whether the procuring entity is inviting 
offers for purchase, lease, rental or hire 
purchase, or more than one of these 
methods;]EC (h) whether the entity is  inviting offers for 
purchase, lease, rental or hire 
purchase, or more than one of these 
methods.  
- [any options]EC,CDA,NOR,US [for further 
procurement and, if possible, an 
estimate of when such options may be 
exercised;]EC Article  IX:6(a)  
 ... including any options for further 
procurement and, if possible, an estimate of the 
timing when such options may be exercised;  
- [for recurring contracts, if possible, an 
estimate of the timing of subsequent 
notices of intended procurement;]EC 
[NB: The US, Japan, CT, Singapore 
and Canada continue to believe that 
it is not necessary to require the 
inclusion of these three items of the 
notice.]  Article  IX:6(a)  
 ... in the case of recurring contracts the nature 
and quantity and, if possible, an estimate of the 
timing of the subsequent tender notices for the 
products or services to be procured;  
 
 GPA/TN1994/4  
 
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(c) the time -frame for delivery of goods or 
services or the duration of the contract;  (c) any date for starting delivery or 
completion of delivery of goods or 
services;  
(d) the procurement method that will be 
used and whether it will involve 
negotiation[, electronic means]EC [or 
electronic auction]CDA,US [and any 
intention that tenders be submitted by 
electronic means]CDA,US; (b) whether the procedure is open o r 
selective or will involve negotiation;  
 
(e) the address and the time -limits for the 
submission of tenders and, where 
applicable, any time -limits for the 
submission of applications to qualify for 
participation in the procurement, as well 
as the language or languages in which 
they must be submitted, if other than 
an official language of the Party of the 
procuring entity;  (d) the address and final date for 
submitting an application to be invited 
to tender or for qualifying for the 
suppliers’ list, or for receiving tenders, 
as well as the language or languages in 
which they must be submitted;  
 
(f) a list and brief description of any 
conditions for participation of suppliers 
[including any specific documents or 
certifications required from suppliers in 
connection therewith]EC,CDA,ISR,US,SWI,NOR; 
[NB: Hong Kong, China maintained 
that it was not necessary to include 
information in (f) in the notice of 
intended procurement because such 
information would be included in 
the tender documentation .] (f) any economic  and technical 
requirements, financial guarantees and 
information required from suppliers;  
(g) where, pursuant to Article  VIII, a 
procuring entity intends to select a 
limited number of qualified suppliers to 
be invited to tender, the criteria that will 
be used to select them and, where 
applicable, any limitation on the number 
of suppliers that will be permitted to 
tender;  and  
(h) an indication that the procurement is 
covered by this Agreement.  11. Entities shall make clear, in the no tices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered 
by the Agreement.  
[Summary Notice   
3. For each case of intended procurement, a 
procuring entity shall publish in a summary notice at 
least the information in paragraph  2 (a), (b) and (e) 
in one of the official languages of the WTO.]CDA,SWI,US 
[NB: Chinese Taipei; Hong Kong, China; Korea; 
Japan and the EC are considering this proposal.]  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:  
 
Notice of Planned Procurement   
4. Procuring entities are encouraged to publish as 
early as possible in each fiscal year a notice regarding 
each procuring entity's future procurement plans.  The 
notice should include the subject -matter of the 
procurement and the planned date of the publication 
of the notice of intended procurement.  When the 
published information i s in accordance with 
Article  VI:3 (a), a procuring entity may apply 
Article  VI:3 for the purpose of establishing shorter 
time-periods for tendering of procurements covered 
by this Agreement.  Article  IX 
7. Each notice of planned procurement referred 
to in p aragraph 3 shall contain as much of the 
information referred to in paragraph  6 as is available.  
It shall in any case include the information referred 
to in paragraph 8 and:  
 
(a) a statement  that interested suppliers 
should express their interest in the 
procurement to the entity;  
 
(b) a contact point with the entity from 
which  further information may be 
obtained.   
[5. A procuring entity in 
[Annex  [1,]CT 2 and] Annex  3 may use a notice of 
planned procurement, as provided for in paragraph  3, 
as a notice of intended procurement provided that it 
[contains in addition the statement that]EC [no further Article  IX 
3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement, as provided for in 
paragraph  7, or a notice regarding a qualification GPA/TN1994/4  
 
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notices will be published]EC [interested suppliers 
should express their interest in the procurement to 
the entity]EC,US [and includes as much of the 
information i n paragraph  2 as is available].CDA,JPN,EC 
[NB: The relationship of this paragraph with 
paragraph  3 needs to be revisited.]  system, as provided for in paragraph  9, as an 
invitation to participate.  
 
Article  IX 
4. Entities which use a notice o f 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. 
[Summary Notice   
5. For each case of intended procurement, a 
procuring entity shall publish [in a paper media listed 
in Appendix  2]ISR a summary notice in one of the 
official languages of the WTO.  [In addition, t]ISR [T]he 
notice [may be published also in el ectronic media and 
contain the following information:]ISR [shall contain at 
least the following information]:  8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO.  The notice shall 
contain at least the following information:  
 
(a) the subject -matter of the procurement;  (a) the subject  matter of the contract;  
(b) the time -limits set for the submission  of 
tenders or, where applicable, of 
applications to be invited to tender or 
for inclusion on multi -use lists;  and 
 
(c) the addresses from which documents  
relating to the procurement may be 
requested.]  
[NB: Chinese Taipei and Hong Kong, China have 
reservat ions on this paragraph.]  (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.  
 
Article  VI 
Time -Periods for Tendering  Article  XI 
Time-limits for Tendering and Delivery  
General  General  
1. [A procuring entity shall ensure that any 
prescribed time -limit, including any extension of this 
time-limit, is common for all interested or 
participating suppliers and is adequate to allow 
suppliers of other Parties as well as domestic 
suppliers:  
 
(a) to prepare and submit tenders;  and 
 
(b) where a procuring entity requires 
suppliers to meet conditions of 
participation to participate in tendering, 
to submit applications requesting 
participation.  
 
In determining any such time -limit, a procuring entity 
shall, consistent with its own reasonable needs, take 
into account such factors as the complexity of the 
intended procurement, the extent of subcontracting 
anticipated, and the normal time for transmitting 
tenders from foreign as well as domestic points.]US,EC 
 
[A procuring entity shall provide sufficient time for 
suppliers to prepare and submit tenders, taking into 
account the nature and complexity of the 
procure ment.  Such time -limits shall be common for 
suppliers of other Parties as well as domestic 
suppliers.]CDA 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 befor e 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 anticipate d 
and the normal time for transmitting tenders by mail 
from foreign as well as domestic points.  
 
Deadlines  Deadlines  
2. Except as provided for in paragraphs  3 and 4, 
a procuring entity shall [provide] [establish a time -
period for tendering that is]CDA no less than 40  days:  
 
(a) from the date [on which] [that]CDA the 
notice of intended procurement is 
published [and the tender documents 2. Except in so far as provided in paragraph 3,  
 
(a) in open procedures, the period for the 
receipt of tenders shall not be less than 
40 days from the date of publication 
referred to in paragraph 1 of Article  IX; 
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
are available]CDA to the final date for the 
submission of tenders;  or 
 
(b) where [the entity has used procedures 
provid ed for in 
Article  VIII:[5]US [[8] or 9] [, whether 
or not it uses a multi -use list,]] 
[suppliers are required to meet 
conditions for participation in advance of 
the tendering process,]CDA from the date 
[on which] [that]CDA the entity notifies 
[initially]JPN suppliers [that] they will be 
permitted to submit tenders to the final 
date for the submission of tenders.  
 (b) in selective procedures not involving 
the use of a permanent list of qualified 
suppliers, the period for submitting an 
application to be invited to tender shall 
not be less than 25 days from the date 
of publication referred to in 
paragraph  1 of Article  IX; the period for 
receipt of tenders shall in no case be 
less than 40  days from the date of 
issuance of the invitation to tender;  
3. Under the following circumstances, a procuring 
entity may establish a time -period for tendering that 
is less than 40  days [from publication of a notice of 
intended procurement or an invitation to submit 
tenders, provided that such time -period is sufficient to 
enable suppliers to prepare and submit respon sive 
tenders] and is in no case less than 10  days [prior to 
the final date for submission]:  [The same shall apply 
to the 25 -day requirement for submitting applications 
specified in Article  VIII:[8].]CT,EC,JPN 3. The periods referred to in paragraph 2 may b e 
reduced in the circumstances set out below:  
 
(a) ...the 40 -day limit for receipt of tenders 
may be replaced by a period sufficiently 
long to enable responsive tendering, 
which, as a general rule, shall not be 
less than 24 days, but in any case not 
less than 10 days;  
(a) where [a separate notice, 
including]US,CDA,JPN a notice of planned 
procurement under Article  V:3 has been 
published at least 40  days and not more 
than 12  months in advance[, [and such 
notice contains: a description of the 
procuremen t; the approximate time-
limits for the submission of tenders or, 
when appropriate, applications for 
qualification;  a statement that 
interested suppliers should express their 
interest in the procurement to the 
procuring entity;  and the address from 
which do cuments relating to the 
procurement may be obtained]US,JPN 
[together with as much information 
under Article  V:2 as is available]EC]; (a) if a separate notice has been published 
40 days and not more than 12 months 
in advance and the notice contains at 
least: 
 
(i) as much of the information 
referred to in paragraph 6 of 
Article  IX as is available;  
(ii) the information referred to in 
paragraph 8 of Article  IX; 
(iii) a statement that interested 
suppliers should express their 
interest in the procurement to 
the entity;  and 
(iv) a contact point with the entity 
from which further information 
may be obtained,  
[(b) in the case of the second or subsequent 
publication of notices dealing with 
contracts based on an initial agreement 
or contract;]EC,US [where a procuring 
entity chooses to publish a second or 
subsequent notice based on an initial 
agreement or contract]  HKC (b) in the case of the second or subsequent 
publications dealing with contracts of a 
recurring nature within the meaning of 
paragraph 6 of Article  IX, the 40 -day 
limit for receipt of tenders may be 
reduced to not less than 24 days;  
[(c)]JPN,US [b]CDA [where the procuring entity 
procures commercial goods or 
services;]JPN,CDA,US  
[(d)] [(c)]CDA where a state of urgency duly 
substantiated by t he procuring entity 
renders impracticable the periods 
specified in paragraph  2; 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 GPA/TN1994/4  
 
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publication referred to in paragraph  1 
of Article  IX; or 
[(e) when the period for the submission of 
tenders referred to in paragraph  2, for 
procurements by a procuring entity in 
[Annex  [2 and] 3], has bee n fixed by 
mutual agreement between the 
procuring entity and the selected 
suppliers.  In the absence of agreement, 
the procuring entity may fix periods 
which shall be sufficient to enable 
responsive tendering].EC  (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 tenderi ng and shall 
in any case not be less than 10 days.  
[4. When a procuring entity publishes a notice of 
intended procurement in accordance with Article  V in 
an electronic media listed in Appendix  II, the 
procuring entity may reduce the time -periods 
provided for in this Agreement by up to five  days.  In 
addition, when the complete tender documentation is 
made available electronically from the beginning of 
the publication of the notice, the procuring entity may 
reduce the time -periods provided for in this 
Agreem ent by up to an additional five  days.  [In 
addition, when the tenders may be received 
electronically, the procuring entity may reduce the 
time-periods provided for in this Agreement by up to 
an additional five  days.]CT,KOR,JPN,SWI The use of this 
provision, however, shall in no case result in the 
reduction of those time -periods to less than 10  days 
from the date on which the notice of intended 
procurement is published.]  [NB: In any case, Israel 
opposes shortening time -periods by any more 
than five  days.]   
[4bis. A procuring entity may reduce the time -period 
of 40 days by an increment of five  days for each one 
of the following circumstances:  
 
(a) the notice of intended procurement is 
published electronically;  
 
(b) the tender documentation is made 
available electronically from the date of 
the publication of the notice of intended 
procurement;  and 
 
(c) the tenders can be received 
electronically by the procuring 
entity.]CDA  
[5. Notwithstanding any other time -periods in this 
Article, [when]EC,US,SWI [where]CDA a procuring entity is 
[purchasing]EC,US,SWI [procuring]CDA commercial goods 
[or]EC,US,SWI [and]CDA services [and the notice of 
intended procurement and the tender documents are 
published electronically, and the tenders m ay be 
received electronically]EC,US,SWI [and all the 
circumstances listed in paragraph  4 are met]CDA, the 
entity may reduce the time -period to no less than 
[10]SWI,EC [5]US [three]CDA days[, provided such time is 
adequate to allow suppliers to submit respo nsive 
electronic tenders]EC,US,SWI.]CDA,EC,US,SWI  
[6. Where a procuring entity in [Annex  [2 or] 3] 
has selected all or a limited number of qualified 
suppliers, the time -period for bidding may be fixed by 
mutual agreement between the procuring entity and 
the selected suppliers.  In the absence of agreement, 
the period shall not be less than 10  days.]CDA 
[NB: Parties are considering the proposals by 
Canada, in particular as regards the linkages to 
Article  VIII.]   GPA/TN1994/4  
 
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Article  VII 
Information on Intended Procurements  Article  XII 
Tender Documentation  Tender Documentation  
1. A procuring entity shall provide to suppliers 
tender documentation that includes all information 
necessary to permit suppliers to prepare and submit 
responsive tenders.  Unless already provided in the 
notice of intended procurement, such documentation 
shall include a complete description of:  2. Tender documentation provided to suppliers 
shall contain all information necessary to permit them 
to submit responsive tenders, including  information 
required to be published in the notice of intended 
procurement, except for paragraph 6(g) of Article  IX, 
and the following:  
(a) the procurement, including the nature 
and the quantity of the goods or 
services to be procured or, where the 
quant ity is not known, the estimated 
quantity and any requirements to be 
fulfilled, including any technical 
specifications, conformity certification, 
plans, drawings or instructional 
materials;  (g) a complete description of the products 
or services required or of any 
requirements including technical 
specifications, conformity certification 
to be fulfilled, necessary plans, 
drawings and instructional materials;  
(b) any conditions for participation of 
suppliers including a list of information 
and documents that suppliers are 
required to submit in connection 
therewith;  (f) any economic and technical 
requirement, financial guarantees and 
information or documents required 
from suppliers;  
 
(c) all criteria, including any cost factors, to 
be considered  in the awarding of the 
contract, and the relative importance of 
such criteria;  
 (h) the criteria for awarding the contract, 
including any factors other than price 
that are to be considered in the 
evaluation of tenders and the cost 
elements to be included in evaluating 
tender prices, such as transport, 
insurance and inspection costs, and in 
the case of products or services of 
other Parties, customs duties and other 
import charges, taxes and currency of 
payment;  
(d) where there will be a public opening of 
tenders, the date, time and place for 
the opening and, where appropriate, the 
persons authorized to be present;  and (e) the persons authorized to be present at 
the opening of tenders and the date, 
time and place of this opening;  
 
(e) any other terms or conditions, including 
terms of payment and any limitation on 
the means by which tenders may be 
submitted, e.g. paper or electronic 
means.  (a) the address of the entity to which 
tenders should be sent;  
(i) the terms of payment;  
(j) any ot her terms or conditions;  
 (b) the address where requests for 
supplementary information should be 
sent; 
 
(c) the language or languages in which 
tenders and tendering documents must 
be submitted;  
 
(d) the closing date and time for receipt of 
tenders and the length of time during 
which any tender should be open for 
acceptance;  
 
(k) in accordance with Article XVII the 
terms and conditions, if any, under 
which tenders from countries not 
Parties to this Agreement, but which 
apply the procedures of that Articl e, will 
be entertained.  
2. In establishing any delivery date for the goods 
or services being procured, a procuring entity shall 
take into account such factors as the complexity of 
the procurement, the extent of subcontracting 
anticipated and the realistic  time required for Article  XI 
4. Consistent with the entity's own reasonable 
needs, any delivery date shall take into account such 
factors as the complexity  of the intended 
procurement, the extent of subcontracting anticipated GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
production, de -stocking and transport of goods from 
the points of supply or for supply of services.  and the realistic time required for production, de -
stocking and transport of goods from the points of 
supply or for supply of services.  
 Forwarding of Tender Documentation by the Entities  
3. A procuring entity shall promptly:  
 
(a) provide, on request, the tender 
documentation to any supplier 
participating in the procurement;  and 
 
(b) reply to any reasonable request for 
relevant information by a supplier 
partic ipating in the procurement, 
provided that such information does not 
give that supplier an advantage over its 
competitors in the procurement.  
 3.(a) In open procedures, entities shall forward the 
tender documentation at the request of any supplier 
participating in the procedure, and shall reply 
promptly to any reasonable request for explanations 
relating thereto.  
 
(b) In selective procedures, entities shall 
forward the tender documentation at 
the request of any supplier requesting 
to participate, an d 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 su ch 
information does not give that supplier 
an advantage over its competitors in 
the procedure for the award of the 
contract.  
Technical Specifications  Article  VI 
Technical Specifications  
4. A procuring entity shall not prepare, adopt or 
apply any technical specification or prescribe any 
conformity assessment procedure with the purpose or 
the effect of creating unnecessary obstacles to 
international trade.  1. Technical specifications ... shall not be 
prepared, adopted or applied with a view to, or w ith 
the effect of, creating unnecessary obstacles to 
international trade.  
 
5. In prescribing the technical specifications for 
the goods or services being procured, a procuring 
entity shall, where appropriate:  2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical specification, in 
terms of performance and functional 
requirements, rather than design or 
descriptive characteristics;  and [NB: 
The EC would prefer using "or" 
instead of "and" at the end of this 
sentence.]  (a) be in terms of performance rather than 
design or descriptive characteristics;  
and 
(b) base the technical specification on 
international standards, where such 
exist otherwise, on [national technical 
regulations,]CDA recognized na tional 
standards or building codes[, provided 
that the notice of intended procurement 
or the tender documents shall state that 
equivalent solutions shall be 
considered].EC,SWI (b) be based on international standards, 
where such exist;  otherwise, on 
nationa l technical regulations3, 
recognized national standards4, or 
building codes.  
 
[5bis. In all cases, procuring entities shall consider 
tenders which do not comply with the provisions of 
the technical specification but do demonstrably meet 
the essential requirements thereof and are fit for the 
purposes intended.  The reference to the technical 
specifications in the tender documents must include 
words such as "or equivalent".]EC  
6. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular 
trademark or trade name, patent, copyright, design or 
type, specific origin, producer or supplier, unless there 
is no other sufficiently precise or intelligible way of 
describing the procurement requirem ents and 
provided that, in such cases, words such as "or 
equivalent" are included in the tender documentation.  3. There shall be no requirement or reference to 
a particular trademark or trade name, patent, design 
or type, specific origin, producer or suppl ier, 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.  
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. A procuring entity shall not seek or accept, in a 
manner that would have the effect of precluding 
competition, advice that may be used in the 
preparation or adoption of any technical specification 
for a specific procurement from a person that may 
have a commercial interest in the procurement.  Article VI  
4. Entities shall not seek or accept, in a manner 
which would have the effect of precluding 
competition, advice which may be used in the 
preparation of specifications for a specific 
procurement from a firm that may have a commercial 
interest in the procurement . 
[8. For greater certainty, this Article is not 
intended to preclude a Party from preparing, 
adopting, or applying technical specifications to 
promote the conservation of natural resources or 
protect the environment [provided that such technical 
specific ations are consistent with 
paragraphs  4 through  7].JPN,EC]JP,EC,US,SWI,NOR [NB: 
Chinese Taipei reserves its position on the last 
bracket.]   
[8bis. Requirements and evaluation criteria which 
require subjective assessment or professional 
judgment should be kept to a minimum and should 
only be used where justified.]HKC  
Modifications   
[9. If, [during the course of a procurement]US 
[prior to the award of a contract]HKC,CDA, a procuring 
entity modifies the criteria or technical requirements 
set out in previous notices and tender documentation 
provided to participating suppliers, [or]US amends or 
reissues the notice, it shall transmit all such 
modifications or amended or re -issued notice in 
writing:  
 
(a) to all the suppliers that are participating 
at the time the information is [modified 
or]US amended, if [the identities of the 
suppliers are]US known, and in all other 
cases, in the same manner as the 
original information [was 
transmitted]US; and 
 
(b) in adequate time to allow such suppliers 
to modify and re -submit amended 
tenders, as appropriate.]CDA,US 
 
[If, after publication of a notice of intended 
procurement, but before the time set for the opening 
or receipt of tenders [prior to the award of the 
contract]CDA as specified in the notices or the tender 
documentation, a procuring entity amends or re -
issues the notice, the entity shall circulate the 
amendment or the re -issued notice in the same 
manner as the original documents upon which the 
amendment or re -issued  notice is based.  [A procuring 
entity shall provide]US,EC [A]JPN[a]US,EC  any significant 
[additional]EC information given to [all suppliers at the 
same time]US,EC [one supplier with respect to a 
particular intended procurement shall be given 
simultaneously  to all other suppliers concerned]JPN in 
adequate time to permit the suppliers to consider 
such information and to respond to it].EC,JPN,US,HKC,CDA Article IX  
10. If, after publication of an invitation to 
participate in any case of intended procurement, bu t 
before the time set for opening or receipt of tenders 
as specified in the notices or the tender 
documentation, it becomes necessary to amend or 
re-issue the notice, the amendment or the re -issued 
notice shall be given the same circulation as the 
original  documents upon which the amendment is 
based.  Any significant information given to one 
supplier with respect to a particular intended 
procurement shall be given simultaneously to all 
other suppliers concerned in adequate time to permit 
the suppliers to con sider such information and to 
respond to it.   
 
Article  XIV:4  
(b) all modifications to the criteria and to 
the technical requirements are 
transmitted in writing to all remaining 
participants in the negotiations;  
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  VIII 
Conditions for Participation  Article  VIII 
Qualification of Suppliers  
General Requirements   
 Article  X 
1. To ensure optimum effective international 
competition under selective tendering procedures, 
entities shall, for each intended procurement, invite 
tenders from the maximum number of domestic 
suppliers and suppliers of other Parties, consistent 
with the efficient operation of the procurement 
system.  They shall select the suppliers to participate 
in the procedure in a fair and non -discriminatory 
manner.  
1. A procu ring entity shall limit any conditions for 
participation in a procurement to those that are 
essential to ensure that a supplier has the legal, 
commercial, technical and financial abilities to 
undertake the relevant procurement.  
 Article VIII  
In the process  of qualifying suppliers, entities shall 
not discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other 
Parties.  Qualification procedures shall be consistent 
with the following:  
 
(b) any conditions for participation in 
tendering procedures shall be limited to 
those which are essential to ensure the 
firm's capability to fulfil the contract in 
question.  
2. In assessing whether a supplier satisfies the 
conditions for participation, a procuring entity shall :  
(a) evaluate the financial, commercial and 
technical abilities of a supplier on the 
basis of that supplier's business 
activities both inside and outside the 
territory of the Party of the procuring 
entity, and may not impose the 
condition that, in order for a supplier to 
participate in a procurement, the 
supplier has previously been awarded 
one or more contracts by a procuring 
entity of a given Party [or that the 
supplier has prior work experience in 
the territory of a given 
Party]US,EC,CDA,KOR,NOR, JPN,SWI; and [NB: 
Hong Kong, China proposes deletion 
of this bracket and suggests a new 
paragraph 2 bis.] 
 
(b) base its determination on the conditions 
that the procuring entity has specified in 
advance in notices or tender 
documentation.  
 
[2bis. If essential for the satisfactory performance of 
the contracts, the procuring entities may specify that 
the suppliers have prior and relevant working 
experience in the territory provided that this is not 
used to discriminate against suppliers of any other 
Parties.]HKC 
 
[3.] [8.]CDA A procuring entity shall allow all 
domestic suppliers and suppliers of another Party that 
satisfy the conditions for participation in a particular 
procurement to submit a tender, unless the procuring 
entity has indicated that it may  limit the number of 
suppliers that it will invite to submit tenders and sets 
out [any limitation on the number of suppliers that 
will be permitted to tender]US,CDA the criteria for such 
limitation in the notice of intended procurement Article  VIII 
(b) [...] Any conditions for participation 
required from suppliers, including 
financial guarantees, technical 
qualifications and information 
necessary for establishing  the financial, 
commercial and technical capacity of 
suppliers, as well as the verification of 
qualifications, shall be 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;  
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[[or]JPN,US,CDA [, where publicly available, in]CDA [and]EC 
tender documentation].EC,JPN,US,CDA 
[[3]JPN [5]ECbis. Each Party shall ensure that:  
(a) each procuring entity and its constituent 
parts follow a single qualification 
procedure, except in cases of duly 
substantiated need for a different 
procedure;  and 
 
(b) efforts be made to minimize differences 
in qualification procedures between 
procuring entities.]JPN,SWI,EC Article VIII  
(g) each Party shall ensure that:  
 
(i) each entity and its constituent 
parts follow a single qualification 
procedure, except in cases of 
duly substantiated need for a 
different procedure;  and 
 
(ii) efforts be made to minimize 
differences in qualification 
procedures between entities.  
[4.] [3.]CDA Nothing in this Article shall preclude the 
exclusion of a supplier on grounds such as bankruptcy 
or false declarations or significant deficiencies in 
performance of any substantive requirement or 
obligation under a prior contract.  
 (h) nothing in subparagraphs (a) 
through (g) shall preclude the 
exclusion of any supplier on 
grounds such as bankruptcy or false 
declarations, provided that such an 
action is consistent with the 
national treatment and non -
discrimination provisions of this 
Agreement.  
Multi-Use Lists   
[5.] [4]CDA A procuring entity that maintains a 
multi-use list of suppliers that have satisfied the 
conditions for participation shall annually publish [or 
otherwise make available continuously in electronic 
form]US,CDA,KOR a notice inviting interested suppliers to 
apply for inclusion on the list.  Such notice shall be 
published in the appropriate publication listed in 
Appendix  III. The notice shall include:  
 Article  IX:9 
 In the case of selective tendering procedures, 
entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the 
publications listed in Appendix  III a notice of the 
following…  
 
Article  IX:9 
 However, when the duration of the 
qualification system is three years or less, and if the 
duration of the system is made clear in the notice and 
it is also made clear that furthe r notices will not be 
published, it shall be sufficient to publish the notice 
once only, at the beginning of the system.  Such a 
system shall not be used in a manner which 
circumvents the provisions of this Agreement.  
(a) a description of the goods and 
services, or categories thereof, for 
which the list may be used;  
 Article  IX:9 
(a) the enumeration of the lists 
maintained, including their 
headings, in relation to the products 
or services or categories of 
products or services to be procured 
through the lists; 
(b) the conditions for participation to be 
satisfied by suppliers and the 
methods that the procuring entity 
will use to verify a supplier's 
satisfaction of the conditions;  Article  IX:9 
(b) the conditions to be fulfilled by 
suppliers with a view to their 
inscription on those lists and the 
methods according to which each of 
those conditions will be verified by 
the entity concerned;  and 
(c) the name and address of the 
procuring entity and other 
information necessary to contact the 
entity and obtain all relevant 
documents relating to the list;   
(d) the date on which the list will 
terminate and the means for its 
renewal or termination, [or where a 
date is not provided, an indication of 
the method by which notice will be Article IX:9  
(c) the period of validity of the lists, 
and the formalities for their 
renewal.  
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
given of the termination  of use of 
the list]CDA,US,JPN; and Article VIII(f)  
 …Qualified suppliers included on 
permanent lists by entities shall 
also be notified of the termination 
of any such lists or of their removal 
from them;  
(e) an indication that, for procurement 
covered by this Agreement, the list may 
be used.  Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publicatio n in which 
the notices appear, that the procurement is covered 
by the Agreement.  
[6. Notwithstanding paragraph  5, where a multi -
use list is valid for a period of three  years  or less, a 
procuring entity shall publish the notice referred to in 
paragraph  5 at least once, at the commencement of 
the use of the list, provided that this provision is not 
used to circumvent this Agreement and the notice 
states that further notices will not be published.]EC,US  
[NB: Switzerland, Canada, Singapore and Japan 
question t he extent to which this paragraph is 
compatible with paragraph  5, which foresees an 
annual publication. ] Article IX:9  
However, when the duration of the qualification 
system is three years or less, and if the duration of 
the system is made clear in the notice and it is also 
made clear that further notices will not be published, 
it shall be sufficient to publish the notice once only, at 
the beginning of the system.  Such a system shall not 
be used in a manner which circumvents the 
provisions of this Agreem ent. 
 
[7.] [5]CDA A procuring entity shall allow suppliers 
to apply at any time for inclusion on a multi -use list 
and shall include on the list all suppliers that satisfy 
the conditions for participation within a reasonably 
short time.  Article VIII  
(d) entities maintaining permanent lists of 
qualified suppliers shall ensure that 
suppliers may apply for qualification at 
any time;  and that all qualified 
suppliers so requesting are included in 
the lists within a reasonably short time;  
[Notice Inviting Applications]CDA,JPN  
[6. A procuring entity that issues a separate notice 
inviting applications from suppliers to meet conditions 
for participation shall publish the notice in the 
appropriate publication listed in Appendix  III. Such 
notice shall  include:  
 
(a) the name and address of the procuring 
entity and other information necessary 
to contact the procuring entity and 
obtain all relevant documents relating to 
the procurement, and their cost and 
terms of payment, if any;  
 
(b) a description of th e procurement, 
including the nature and the quantity of 
the goods or services to be procured or, 
where the quantity is not known, the 
estimated quantity;  
 
(c) a list and brief description of the 
conditions for participation of suppliers 
including any speci fic documents or 
certifications required from suppliers in 
connection therewith.  
 
(d) where a procuring entity intends to 
select a limited number of qualified 
suppliers to be invited to tender, the 
criteria that will be used to select them 
and, where applicable, any limitation on 
the number of suppliers that will be 
permitted to tender.]CDA  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Selective Tendering]EC,US  
[7. Except where a notice of a multi -use list or a 
separate notice inviting applications to meet 
conditions for participation has been readily accessible 
in electronic form for a reasonable period of time, a 
procuring entity that intends to limit the submission of 
tenders to all qualified suppliers or to a limited 
number of qualified suppliers selected by the 
procur ing entity in advance of the deadline for 
submitting tenders, shall publish the time limit for 
submitting applications in the notice of intended 
procurement.]CDA [NB: Canada considers that this 
paragraph addresses the same issue as 
paragraph  8.]  
8. Where  a procuring entity intends to [limit the 
submission of tenders to all qualified suppliers or to a 
limited number of qualified suppliers selected by the 
procuring entity]EC,US [set a time -limit for submitting 
applications to recognise suppliers as having s atisfied 
the conditions for participation in a procurement or to 
select a limited number of qualified suppliers]JP,KOR, 
[whether or not it uses a multi -use list,]EC [, except 
where a notice of a multi -use list has been readily 
accessible in electronic form  for a reasonable period of 
time,]US the entity shall publish in the notice of 
intended procurement the time -limit for submitting 
applications[, which must be a minimum of 25  days 
from the date of publication of the notice.]EC 
 
[Such time -limit shall be:  
 
(a) a minimum of [15]SWI days from the 
date of publication of the notice where it 
uses a multi -use list; or [NB: 
Switzerland supports shortening 
the time -period for submitting 
applications when using a multi -use 
list to 15  days, but notes that the 
time-period should not be further 
shortened when using electronic 
means, owing to the complexity of 
the projects requiring selection of 
qualified suppliers.]  
 
(b) a minimum of [25]  days from the date 
of publication of the notice where it 
does not use a multi-use list.]JPN,KOR 
 
[If an application is submitted within the time -limit, a 
procuring entity shall examine it]EC,US and [may not 
exclude the supplier from consideration in respect of 
the procurement on the grounds that the procuring 
entity has insufficient time to examine the 
application]EC,US [,unless due to the complexity of the 
procurement the entity is not able to complete the 
examination of the application [within the time -period 
allowed for tendering]US [before commencement of 
tendering]HKC]US. [A procuring entity may limit 
submission of tenders to qualified suppliers that have 
submitted applications within this t ime-limit.]JPN [NB: 
Hong Kong, China preferred deleting the 
sentence "may not exclude the supplier from 
consideration in respect of the procurement on 
the grounds that the procuring entity has 
insufficient time to examine the application" as 
experience sho wed that it might take Article X  
1. To ensure optimum effective international 
competition under selective tendering procedures, 
entities shall, for each intended procurement, invite 
tenders from the  maximum number of domestic 
suppliers and suppliers of other Parties, consistent 
with the efficient operation of the procurement 
system.  
 
Article IX:9  
However, when the duration of the qualification 
system is three years or less, and if the duration of 
the system is made clear in the notice and it is also 
made clear that further notices will not be published, 
it shall be sufficient to publish the notice once only, at 
the beginning of the system.  Such a system shall not 
be used in a manner which circumvents the 
provisions of this Agreement.  
 
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
considerable time to complete the qualification 
process.]  
 Article X  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
[9. The time -period provided for in  paragraph 8 
may be reduced to [10] days where:  
 
(a) the conditions for participation for a 
procurement are the same as or a sub -
set of the conditions for participation for 
a multi -use list;  
 
(b) the procurement is for commercial 
goods or services;  and 
 
(c) the procuring entity has published a 
notice establishing that multi -use list for 
at least [25]  days and that notice has 
remained readily accessible in electronic 
form since its initial date of 
publication.]US   
Annex 2 and 3 Entities  [NB: The EC, Canada, 
Norway and Switzerland are considering to 
reduce the scope of this paragraph, in particular 
Annex  2. Japan is considering both Annex  2 and 
Annex  3.]  
[10.] [9]CDA A procuring entity listed in 
Annexes  [2]US or [3]SWI,US,CDA,NOR,EC may use a notice 
inviting suppliers to apply for inclusion on a multi -use 
list as a notice of intended procurement, provided 
that: Article IX  
3. Entities in Annexes  2 and 3 may use … a 
notice regarding a qualification system.  
 
(a) the notice sets out, in addition to the 
information required in paragraph  5, as 
much of the information required in 
Article  V:2 as is available and contains a 
statement that it constitutes a notice of 
intended procurement [or that only the 
suppliers on the mul ti-use list will 
receive further notice of procurements 
that are covered by the multi -use 
list]US,CDA; 
 
(b) the entity promptly provides to 
suppliers that have expressed an 
interest to the entity in a given 
procurement, sufficient information to 
permit the m to have a meaningful 
opportunity to assess their interest in 
the procurement, including all remaining 
information required in Article  V:2, to 
the extent such information is available;  
and Article IX  
5. Entities which use a notice regarding a 
qualification system as an invitation to participate 
shall provide, subject to the considerations referred 
to in paragraph 4 of Article  XVIII and in a timely 
manner, information which allows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in participating in 
the procurement.  This information shall include the 
information contained in the notices referred to in 
paragraphs 6 and 8, to the extent such information is 
available.  Information provided to one inter ested 
supplier shall be provided in a non -discriminatory 
manner to the other interested suppliers.  
[(c) a supplier having applied for inclusion 
on a multi -use list in accordance with 
paragraph  7 shall be entitled to tender 
in a given procurement, if there  is 
sufficient time to examine whether it 
satisfies the conditions for 
participation].EC,SWI Article VIII  
(c) Suppliers requesting to participate in a 
particular intended procurement who 
may not yet be qualified shall also be 
considered, provided there is sufficient 
time to complete the qualification 
procedure;  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Information on Procuring Entities’ Decisions   
[11. A procuring entity shall promptly advise a 
supplier of the success or failure of its application for 
inclusion on a multi -use list and of any decision by the 
entity to include the supplier on a multi -use list.]  
[NB: Canada would combine this paragraph with 
paragraph 13.]  
 
[12.] [10]CDA Where a procuring entity has required 
suppliers to apply for recognition that they have 
satisfied the condition s for participation in accordance 
with paragraphs  [8 or 9 11] [4-7]CDA, the entity shall 
promptly notify all such suppliers of the results of 
their applications[.]CDA [and [at the same time]US,EC,CDA 
shall [allow all successful applicants to submit 
tenders .]JPN,US,CDA [send invitations to tender to all 
successful applicants.]EC] 
 
[13.] [11]CDA Where a procuring entity has taken 
action under paragraph  12 or 13, the entity shall, on 
request of a supplier, promptly provide the supplier 
with a written explanati on of the reasons for the 
entity's action.  Article VIII  
(f) any supplier having requested to 
become a qualified supplier shall be 
advised by the entities concerned of the 
decision in this regard.  Qualified 
suppliers included on permanent lists 
by entities shall also be notified of the 
termination of any such lists or of their 
removal from them;  
 
 (g) each Party shall ensure that:  
 
(i) each entity and its constituent 
parts follow a single qualification 
procedure, except in cases of 
duly substantiated need for a 
different procedure;  and 
 
(ii) efforts be made to minimize 
differences in qualification 
procedures between entities.  
Article  IX 
Negotiation  Article  XIV 
Negotiation  
1. A Party may provide for its procuring entities to 
conduct negotiations:  
 
(a) in the context of procurements in which 
they have indicated such intent in the 
notice of intended procurement in 
paragraph  2 of Article  V; or 
 
(b) it appears from the evaluation that no 
one tender is obviously the most 
advantageous in terms of the specific 
evaluation criteria set forth in the 
notices or tender documentation.  
 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. A procuring entity [shall treat tenders in 
confidence.  In particular, it]EC,ISR,SWI [shall not provide 
information intended to assist particular participants 
to bring their tenders up to the level of other 
participants.]EC,ISR,SWI,CT [NB: Canada, the US and 
Korea believe that this issue is already 
addressed by Articles  XI:2 and XIII:3, a nd 
suggest to delete this paragraph.]  3. Entities shall treat tenders in confidence. In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
 
3. A procuring  entity shall ensure that any 
elimination of tenderers in negotiations is carried out 
in accordance with the criteria set out in the notices or 
tender documentation.  (a) any elimination of participants is carried 
out in accordance with the criteria set 
forth in the notices and tender 
documentation;  
4. A procuring entity shall transmit, in writing, 
any modifications to the criteria made in the course of 
negotiations to tenderers whose tenders have not yet 4. Entities shall not, in the course of 
negotiations, discriminate between different 
suppliers.  In particular, they shall ensure that:  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
been eliminated according to the criteria set out in  the 
notices or tender documentation, and when 
negotiations are concluded will provide a common 
deadline for the remaining tenderers to submit any 
new or revised tenders.]  
[NB: The US and Canada suggest deleting the 
entire Article as its substance is cover ed 
elsewhere.]  
 (b) all modifications to the criteria and to 
the technical requirements are 
transmitted in writing to all remaining 
participants in the negotiations;  
 
(c) all remaining participants are afforded 
an opportunity to submit new or 
amended submissions on the basis of 
the revised requirements;  and 
 
(d) when negotiations are concluded, all 
participants remaining in the 
negotiations shall be permitted to 
submit final tenders in accordance with 
a common deadline.  
Article  X 
Limited Tendering  Article  XV 
Limited Tendering  
1. Provided that it does not use this provision for 
the purpose of avoiding competition among suppliers 
or in a manner that discriminates against suppliers of 
the other Parties, or that protects domestic suppliers, 
a procuring entity may [contact a supplier or suppliers 
of its choice]CDA,JPN,US,SWI [use a limited tendering 
procedu re]EC and may choose not to apply 
Articles  [...] in the following circumstances:  [NB: 
Switzerland finds it useful to mention that 
limited tendering refers to "contact a supplier or 
suppliers of its choice";  it should also be defined 
in Article  I as it is explicitly mentioned under 
Article  III:3 (Procurement methods).  Canada 
and the US propose matching the Articles in the 
current Agreement;  Japan proposes to make 
reference to Articles  V, VI, VII:1,  2, 3, 
and 8, VIII,  IX and XI.] 1. The provisions of Article s VII through XIV 
governing open and selective tendering procedures 
need not apply in the following conditions...,  
 
 
 (a) in the absence of tenders in response 
to an open or selective tender, or when 
the tenders submitted have been 
collusive, or not in conformity with the 
essential requirements in the tender, or 
from suppliers who do not comply with 
the conditions for participation provided 
for in accordance with this Agreement, 
on condition, however, that the 
requirements of the initial tender are 
not substantially modified in the 
contract as awarded;  
(a) provided that the requirements of the 
tender documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted or no suppliers applied 
to meet the conditions for 
participation;  
 
(ii) where no tenders that conform 
to the essential requirements of 
the tender documentation were 
submitted;  
 
(iii) where no suppliers satisfied the 
conditions for participation;  or 
 
(iv) where the tenders submitted 
have been collusive;   GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) where the goods or services can be 
supplied only by a particular supplier 
and no reasonable alternative or 
substitute goods or services exist for 
the following reasons:  
 
(i) the requirement is for a work of 
art; 
 
(ii) the protection of patents, 
copyrights or other e xclusive 
rights[, or proprietary 
information]US,CDA,JPN; or 
[NB: The EC is wondering 
what is the extent or 
definition of proprietary 
information.]  
 
(iii) due to an absence of competition 
for technical reasons;  (b) when, for works of art or for reasons 
connected with protection of exclusive 
rights, such as patents or copyrights, or 
in the absence of competition for 
technical reasons, the products or 
services can be supplied only by a 
particular supplier and no reasonable 
alternative or substitute  exists;  
 
(c) for additional deliveries of goods or 
services [by the original supplier]EC,JPN,US 
that are intended either as replacement 
parts, extensions, or continuing services 
for existing equipment, software, 
services or installations, where a change 
[of goods or services]CDA [of 
supplier]JPN,US,EC,KOR would compel the 
entity to procure goods or services 
[[either]EC not meeting requirements of 
interchangeability with [or not operable 
with]EC existing equipment, software, 
services, or installations]JPN,KOR,EC [that 
would:  [NB: Switzerland notes that 
the relationship between 
(c) and (g) needs further scrutiny.]  
 
(i) alter the operation or use of the 
existing goods or services;  or 
 
(ii) due to the change of goods or 
services, require existing 
equipment or services to be 
altered;]CDA,US (d) for additional deliveries by the original 
supplier which are intended either as 
parts replacement for existing supplies, 
or installations, or as the extension of 
existing supplies, services, or 
installations where a change of supplier 
would compel the entity to procure 
equipment or services not meeting 
requirements of interchangeability with 
already existing equipment or 
services5; 
 
(d) in so far as is strictly necessary where, 
for reasons of extreme urgency brought 
about by events unforeseeable by the 
procuring entity, the goods or services 
could not be obtained in time under 
tendering procedures consistent with 
Articles  [ ]; 
 (c) in so far as is strictly necessary when, 
for reasons of extreme urgency brought 
about by events unforeseeable by the 
entity, the products or services could 
not be obtained in time by means of 
open or selective tendering procedures;  
 
Article XV:1  
provided that limited tendering is not used with a 
view to avoiding maximu m possible competition or in 
a manner which would constitute a means of 
discrimination among suppliers of other Parties or 
protection to domestic producers or suppliers:  
(e) for goods purchased on a commodity 
market;  or (h) for products purchased on a com modity 
market;  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) where a procuring entity procures a 
prototype or a first [product] [good]US 
or service that is developed at its 
request in the course of, and for, a 
particular contract for research, 
experiment, study or original 
development.  [Original development of 
a first good or service may include 
limited production or supply in order to 
incorporate the results of field testing 
and to demonstrate that the good or 
service is suitable for production or 
supply in quantity to acceptable quality 
standards, but does not include quantity 
production or supply to establish 
commercial viability or to r ecover 
research and development costs;]EC,JPN,US (e) when an entity procures prototypes or 
a first product or service which are 
developed at its request in the course 
of, and for, a particular contract for 
research, experiment, study or original 
developmen t. When such contracts 
have been fulfilled, subsequent 
procurements of products or services 
shall be subject to Articles  VII through 
XIV6; 
 
(g) where additional 
[construction]JPN,CDA,US,KOR services which 
were not included in the initial 
procurement but w hich were within the 
objectives of the original tender 
documentation have, through 
unforeseeable circumstances, become 
necessary to complete the services 
described therein, and the entity needs 
to award contracts for the additional 
services to the contract or carrying out 
the services concerned since the 
separation of the additional services 
from the initial procurement would be 
difficult for technical or economic 
reasons and cause significant 
inconvenience to the procuring entity.  
However, the total value o f contracts 
awarded for the additional services may 
not exceed 50  per cent of the amount of 
the main procurement;  [NB: 
Switzerland, Norway and the EC 
question why this should be limited 
to construction?]  (f) when additional construction services 
which were  not included in the initial 
contract but which were within the 
objectives of the original tender 
documentation have, through 
unforeseeable circumstances, become 
necessary to complete the construction 
services described therein, and the 
entity needs to awa rd 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;  
 
(h) for new [construction]JPN,CDA,US,KOR 
services consisting of the repetition of 
similar services which conform to a 
basic project for which an initial contract 
was awarded following an open or 
selective procurement method and for 
which the procuring entity has indicated 
in the no tice of intended procurement 
concerning the initial service, that a 
limited procurement method might be 
used in awarding contracts for such new 
services;  [NB: Only Chinese Taipei 
would like to add the words "goods 
and" before "services" in the first 
line.]  (g) for new construction services consisting 
of the repetition of similar construction 
services which conform to a basic 
project for which an initial contract was 
awarded in accordance with Articles  VII 
through XIV and for which the entity 
has indicated i n the notice of intended 
procurement concerning the initial 
construction service, that limited 
tendering procedures might be used in 
awarding contracts for such new 
construction services;  
 
(i) for purchases made under exceptionally 
advantageous conditions  which only 
arise in the very short term in the case 
of unusual disposals such as arising 
from liquidation, receivership or 
bankruptcy and not for routine 
purchases from regular suppliers;  and (i) for purchases made under exceptionally 
advantageous conditi ons which only 
arise in the very short term.  This 
provision is intended to cover unusual 
disposals by firms which are not 
normally suppliers, or disposal of assets 
of businesses in liquidation or 
receivership.  It is not intended to cover 
routine purchases from regular 
suppliers;  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(j) in the case of a contract awarded to [a] 
winner of a design contest provided 
that: 
 
(i) the contest has been organized 
in a manner that is consistent 
with the principles of this 
Agreement, notably as regards 
the publication of a notice of 
intended procurement;  and 
 
(ii) the participants are judged by an 
independent jury with a view to a 
design contract being awarded to 
[a] winner.  (j) in the case of contracts awarded to the 
winner of a design contest provided 
that the contest has been organized in 
a manner which is consistent with the 
principles of this Agreement, notably as 
regards the publication, in the sense of 
Article  IX, of an invitation to suitably 
qualified suppliers, to participate in 
such a contest which shall be judged by 
an independent jury with a view to 
design contracts being awarded to the 
winners.  
 
2. A procuring entity shall prepare a report in 
writing on each contract awarded under paragraph  1. 
Each such report shall include the name of the 
procur ing entity, the value and kind of goods or 
services procured and a statement indicating the 
circumstances and conditions described in 
paragraph  1 that justified the use of such procedures.  
 2. Entities shall prepare a report in writing on 
each contract awa rded under the provisions of 
paragraph  1. Each report shall contain the name of 
the procuring entity, value and kind of goods or 
services procured, country of origin, and a statement 
of the conditions in this Article which prevailed.  This 
report shall remain with the entities concerned at the 
disposal of the government authorities responsible for 
the entity in order that it may be used if required 
under the procedures of Articles  XVIII, XIX, XX and 
XXII. 
Article  XI 
Treatment of Tenders and Contract Awards  Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
Receipt and Opening of Tenders  Receipt of Tenders  
Opening of Tenders  
 1. The submission, receipt and opening of 
tenders and awarding of contracts shall be c onsistent 
with the following:  
 
(a) tenders shall normally be submitted in 
writing directly or by mail.  If tenders by 
telex, telegram or facsimile are 
permitted, the tender made thereby 
must include all the information 
necessary for the evaluation of the 
tender, in particular the definitive price 
proposed by the tenderer and a 
statement that the tenderer agrees to 
all the terms, conditions and provisions 
of the invitation to tender.  The tender 
must be confirmed promptly by letter 
or by the despatch of a si gned copy of 
the telex, telegram or facsimile.  
Tenders presented by telephone shall 
not be permitted.  The content of the 
telex, telegram or facsimile shall prevail 
where there is a difference or conflict 
between that content and any 
documentation received after the time -
limit; and 
1. A procuring entity shall receive and open all 
tenders under procedures that guarantee the fairness 
and impartiality of the procurement process.  
 3. All tenders solicited under open or selective 
procedures by entities shall be received and opened 
under procedures and conditions guaranteeing the 
regularity of the openings.  The receipt and opening of 
tenders shall also be consistent with the national 
treatment and non -discrimination provisions of this 
Agreement.  Information on the  opening of tenders 
shall remain with the entity concerned at the disposal 
of the government authorities responsible for the 
entity in order that it may be used if required under 
the procedures of Articles  XVIII, XIX, XX  and XXII.  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. A procuring entity sh all treat tenders in 
confidence at least until the award of the contract.  
 Article XIV  
3. Entities shall treat tenders in confidence.  In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
3. A procuring entity shall not penalize any 
supplier whose tender is received after the time 
specified for receiving tenders if the delay is due 
solely to mishandling on the part of the procuring 
entity.  
 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 circumst ances if the procedures of the 
entity concerned so provide.  
4. When a procuring entity provides suppliers 
with opportunities to correct unintentional errors of 
form between the opening of tenders and the 
awarding of the contract, the procuring entity shal l 
provide the same opportunities to all participating 
suppliers.  
 Article XIII:1  
(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.  
Awarding of Contracts  Award of Contracts  
5. To be considered for award, a tender must be 
in writing and must, at the time of opening, comply 
with the essential requirements of the notices and 
tender documentation and be from a supplier that 
satisfies any conditions for participation.  
 4.(a) To be considered for award, a tender must, at 
the time of opening, conform to the essential 
requirements of the notices or tender documentation 
and be from a suppl ier which complies with the 
conditions for participation. ...  
 
(c) Awards shall be made in accordance 
with the criteria and essential 
requirements specified in the tender 
documentation.  
6. A procuring entity shall not use option clauses 
in a manner that circumvents the provisions of this 
Agreement.  Article  XIII 
5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
7. Unless a procuring entity determines that it is 
not in the public interest to award a contract, it shall 
award the contract to the supplier that the entity has 
determined to be fully capable of undertaking the 
contract and whose tender is either the lowest price or 
the tender that the entity has determined to be the 
most advantageous solely  on the basis of the 
requirements and evaluation criteria specified in the 
notices or tender documentation.  
 (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 terms of the specific 
evaluation criteria s et forth in the 
notices or tender documentation is 
determined to be the most 
advantageous.  
8. Where a procuring entity receives a tender 
with a price that is abnormally lower than the prices in 
other tenders submitted, it may verify with the 
tenderer that  it can comply with the conditions of 
participation and be capable of fulfilling the terms of 
the contract.  
 Article XIII:4  
(a) ... If an entity has received a tender 
abnormally lower than other tenders 
submitted, it may enquire with the 
tenderer to ensure  that it can comply 
with the conditions of participation and 
be capable of fulfilling the terms of the 
contract.  
[9. A procuring entity shall not cancel a 
procurement or modify awarded contracts in a 
manner that circumvents the obligations of this 
Agreeme nt.]US.EC,NOR,JPN  
[Article  XIbis 
Use of Electronic Means ] 
[NB: Switzerland supports this new Article and 
is reviewing the text in detail.  Israel is still 
considering this proposed Article.  Canada is 
questioning whether  2 (b), 2 (d) and 3 (d) are 
necessary.]   
1. [Procurement covered by this Agreement 
conducted, exclusively or not, by electronic means  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
shall be subject to the provisions of this 
Agreement.]EC,SGP,KOR,JPN,SWI 
2. Where a procuring entity intends to co nduct a 
procurement using electronic means, either wholly or 
partially, it shall:  
 
[(a) indicate [in the notice of intended 
procurement]US,EC its intention to 
[require that tenders be submitted by 
electronic means]US,EC;] 
 
(b) ensure that any means and tools used 
for communicating electronically 
including authentication, integrity of 
data and encryption are [non -
discriminatory][.]JPN, [generall y 
available and interoperable with the 
information and communication 
technology products in general use and 
will not impose an unreasonable burden 
on other Parties' suppliers access to the 
tendering procedure];  [NB: Canada 
and the US have reservations on 
this subparagraph.]  
 
(c) ensure that all information necessary to 
permit potential suppliers to meet the 
specifications for using the necessary 
electronic means and tools is available 
to interested parties and is included by 
the procuring entity in the tender 
documentation;  and [NB: Canada and 
the US wonder whether this should 
be a paragraph  2 in Article  VII.]  
 
(d) use mechanisms which clearly and 
unambiguously guarantee that, pending 
the expiry of the deadlines set, the 
integrity of data is preserved, a ccess to 
tenders and request to participate is 
prohibited and the timing of receipt of 
tenders and request to participate is 
accurately established.  
 
3. [A procuring entity that intends to hold an 
electronic auction in a] [A]US procurement covered by 
this Agreement [may be conducted by electronic 
auction, provided that the procuring entity]US shall:  
[NB: Japan and Israel are wondering whether 
the requirements of confidentiality allow for the 
use of electronic auction.]  
 
[(a) state their intention to use electronic 
auctions in the notice of intended 
procurement;]  [NB: Canada wonders 
whether this is not already 
addressed by Article  V:2.]  
 
(b) indicate in the tender documents the 
features on which the electronic auction 
will be run, provided that such featur es 
are quantifiable and can be expressed in 
figures or percentages, and the 
conditions and rules under which the 
auction will be carried out;  [NB: 
Canada and the US believe this 
should be located in Article  VII 
relating to evaluation criteria.]  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(c) provid e participants, before starting the 
electronic auction, with the evaluation 
factors that will be used, including 
[any]US [the]EC mathematical formula 
determining the automatic ranking 
during the electronic auction when the 
contract is to be awarded on the basis 
of the most economically advantageous 
tender;  [NB: Canada believes this 
should be located in Article  VII 
relating to evaluation criteria.]  
 
(d) ensure that electronic auctions operate 
in full accordance with the general 
principles of this Agreement, in 
particular, equal treatment, non -
discrimination and transparency.  
 
[4. [A p]US[P]rocuring entit[ies][y]US shall ensure 
full traceability of the [conduct of a procurement]SWI,US 
[award procedures] conducted by electronic 
[auction]US,SWI,SGP [means]EC.]EC,US,KOR [NB: Japan, the 
US, Korea and the EC suggest to include some 
time-limit for traceability.  Canada, the US and 
Singapore wonder whether this is not addressed 
in Article  XII:4.]  
Article  XII 
Transparency of Contract Award Information  Article XVIII 
Information and Review as Regards Obligations of 
Entities  
Information Provided to Suppliers   
1. A procuring entity shall promptly inform 
[participating]EC,NOR suppliers [that have submitted 
tenders]CDA,JPN,US of the entity's contract award 
decision s [and, on request, in writing].EC,SWI,NOR 
Subject to Article  XIII, a procuring entity shall, on 
request, provide an unsuccessful supplier with an 
explanation of the reasons that the entity did not 
select its tender and the relative advantages of the 
succe ssful supplier's tender.  
 3. Entities shall promptly inform participating 
suppliers of decisions on contract awards and, upon 
request, in writing.  
 
2. Each entity shall, on request from a supplier of 
a Party, promptly provide:  
 
(a) an explanation of its procurement 
practices and procedures;  
 
(b) pertinent information concerning the 
reasons why the supplier's application 
to qualify was rejected, why its existing 
qualification was brought to an end and 
why it was not selected;  and 
 
(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.  
Publication of Award Information   
2. Not later than 72  days after the award of each 
contract covered by this Agreement, a procuring 
entity shall publish a notice in an officially designated 
publication listed in Appendix  II that may be in an 
electronic or paper medium.  Where only an ele ctronic 
medium is used, the information shall remain readily 
accessible for a reasonable period of time.  The notice 
shall include at least the following information:  1. Entities shall publish a notice in the 
appropriate publication listed in Appendix II no t later 
than 72 days after the award of each contract under 
Articles  XIII through XV.  These notices shall contain:  
(a) a description of the goods or services 
procured;  (a) the nature and quantity of products or 
services in the contract award;  
(b) the name and address of the procuring 
entity;  (b) the name and address of the entity 
awarding the contract;  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) the name and address of the successful 
supplier;  (d) the name and address of winning 
tenderer;  
(d) the value of the successful tender or the 
highe st and lowest offers taken into 
account in the award of the contract;  (e) the value of the winning award or the 
highest and lowest offer taken into 
account in the award of the contract;  
(e) the date of award;  and (c) the date of award;  
(f) type of procurement method used, and 
in cases where limited tendering was 
used pursuant to Article  [X (Limited 
Tendering) ], a description of the 
circumstances justifying the use of such 
procedure.  (g) the type of procedure used.  
 
(f) where appropriate, means of identifying 
the notice issued under paragraph 1 of 
Article  IX or justification according to 
Article  XV for the use of such 
procedure;  and 
Provision of Award Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
3. On request of any other Party, [and subject to 
Article  XIII:[2]  [1]EC]EC without prejudice to the 
provision under Article  XVIII [Dispute Settlement], a 
Party shall provide promptly such information on the 
award of a contract, including information on the 
characteristics and relative advantages of the 
successful tender and on the contract price, as may 
be necessary to determine whether the procurement 
was conducted fairly, impartially and in accordance 
with this Agreement.  [In cases where release of this 
information would prejudice competition in future 
tenders, t]EC,SWI [T]he Party that receives that 
information shall not disclose it to any supplier, 
except after consultation with, and agreement of, the 
Party that provided the information.  2. The government of  an unsuccessful 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 impartia lly. 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 t enderer provided it exercises this 
right with discretion.  In cases where release of this 
information would prejudice competition in future 
tenders, this information shall not be disclosed except 
after consultation with and agreement of the Party 
which gave  the information to the government of the 
unsuccessful tenderer.  
 3. Available information concerning procurement 
by covered entities and their individual contract 
awards shall be provided, upon request, to any other 
Party.  
Maintenance of Documentation and Reports    
4. Each procuring entity shall maintain 
documentation and reports of tendering procedures 
and contract awards relating to procurement covered 
by this Agreement, including the reports provided for 
in Article  [X (Limited Tenderin g)], and shall retain 
such documentation and reports for a period of at 
least three  years from the award of the contract.  Article XX  
4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by thi s Agreement shall be 
retained for three years.  
 Article XIX  
3. Available information concerning procurement 
by covered entities and their individual contract 
awards shall be provided, upon request, to any other 
Party.  
Collection and Report of Statistics   
5. Each Party shall collect and report to the 
Committee statistics on its contracts covered by this 
Agreement.  Each report shall cover one  year and be 
submitted within two  years of the end of the reporting 
period, and shall contain:  
 
(a) For A nnex 1 procuring entities:  
 
(i) the number and total value, for 
all such entities, of contracts 
covered by this Agreement;  
 
(ii) the number and total value of all 
contracts covered by this 
Agreement awarded by such 
entities, broken down by Article XIX  
5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement.  Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) for entities in Annex  1, statistics on the 
estimated  value of contracts awarded, 
both above and below the threshold 
value, on a global basis and broken 
down by entities;  for entities in 
Annexes  2 and 3, statistics on the 
estimated value of contracts awarded 
above the threshold value on a global GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[categories of] goods and 
services [according to a[n 
internationally recognized]CDA,US 
uniform classification system];  
and [NB: Switzerland 
suggests the deletion of "by 
categories of goods and 
services according to an 
internationally recognized 
uniform classification 
system";  this should be left 
optional to Members 
depending on the use they 
may have from these 
statistics.  The EC is  
considering the need for a 
uniform classification system 
to be agreed upon among the 
GPA Parties.]  
 
(iii) the number and total value of 
contracts covered by this 
Agreement awarded by each 
such entity under limited 
tendering.  
 
[(iv) the total value of cont racts 
awarded under derogations to 
the Agreement contained in the 
relevant Annexes.]CDA [NB: All 
parties, except Canada, agree 
to delete this subparagraph. ] basis and broken do wn by categories of 
entities;  
 
(b) for entities in Annex  1, statistics on 
the number and total value of 
contracts awarded above the 
threshold value, broken down by 
entities and categories of products 
and services according to uniform 
classification systems ; for entities in 
Annexes  2 and 3, statistics on the 
estimated value of contracts 
awarded above the threshold value 
broken down by categories of 
entities and categories of products 
and services;  
 
(b) For Annex  2 and 3 procuring entities:  
 
(i) the number and total value of 
contracts covered by this 
Agreement awarded by all such 
entities, broken down by Annex;  
 
[(ii) the value of contracts covered by 
this Agreement awarded by such 
entities under limited tendering, 
broken down by Annex].CDA [NB: 
All parties, except Canada, 
agree to delete this 
subparagraph.]  
 
(c) Where data to be provided under 
subparagraph  [(a) and]EC,US,JPN (b) is not 
available, estimates shall be provided.  (c) for entities in Annex  1, statistics, broken 
down by entity and by categor ies of 
products and services, on the number 
and total value of contracts awarded 
under each of the cases of Article  XV; for 
categories of entities in Annexes  2 and 
3, statistics on the total value of 
contracts awarded above the threshold 
value under each o f the cases of 
Article  XV; and 
 
(d) for entities in Annex  1, statistics, broken 
down by entities, on the number and 
total value of contracts awarded under 
derogations to the Agreement contained 
in the relevant Annexes;  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.  
To the extent that such information is available, each 
Party shall provide statistics on the country of origin of 
products and services purchased by its entities.  With a 
view to ensuring that such statistics are comparable, 
the Committee shall provide guidance on methods to 
be used.  With a view to ensuring effective monitoring 
of procurement covered by this Agreement, the  
Committee may decide unanimously to modify the 
requirements of subparagraphs (a) through (d) as 
regards the nature and the extent of statistical 
information to be provided and the breakdowns and 
classifications to be used.  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. Where a Party publishes its statistics on an 
official website, the Party may substitute a notification 
of the website address for the submission of the data, 
with any instructions necessary to access and use 
such statistics.  
 
7. Where a Party requires notices concerning 
awarded contr acts, pursuant to Article  XII:2, to be 
published electronically and where such notices are 
accessible to the public through a single database in a 
form permitting [automatic] analysis of the covered 
contracts, the Party may substitute a notification of 
the website address for the submission of the data, 
with any instructions necessary to access and use 
such data.   
Article  XIII 
Non-Disclosure of Information  
[NB: The United States and Japan suggest that 
subparagraph  2 (b) should be deleted as 
unnecessary.]   
1. Notwithstanding any other provision of the 
Agreement, a Party or a procuring entity may not 
provide information to a particular supplier that might 
prejudice fair competition between suppliers.  
 Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest of particular 
enterprises, public or private, or might prejudice fair 
competition bet ween suppliers shall not be revealed 
without formal authorization from the party providing 
the information.  
2. Nothing in this Agreement shall be construed 
to require a Party or procuring entity [or an authority 
or review body under Article  XVII [or XVIII]EC]EC,US to 
release [confidential]CDA,JPN information under this 
Agreement where release:  
 
(a) would  impede law enforcement;  
 
(b) [might  prejudice fair competition 
between suppliers;]  
 
(c) would  prejudice the legitimate 
commercial interests[, including th e 
protection of intellectual 
property,]CDA,US,JPN of particular persons;  
or 
 
(d) would  otherwise be contrary to the 
public interest.  
 
[except to the extent that it may be required to be 
disclosed in the context of proceedings under 
Articles  XVII or XVIII.]EC Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs  1 and 2(c), be withheld where release of 
such information would impede law 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.  
Article  XIV 
Developing Countries  
[NB: All parties are reviewing this Article.]  Article  V 
Special and Differential Treatment for Developing 
Countries  
[1. In negotiations on accession to, and in the 
implementation and administration of, the Agreement, 
the Parties shall take special consideration of 
developing and least -developed countries' (thereafter 
developing countries) development, financial and 
trade needs and circumstances, recognizing that these 
may differ significantly from country to country.  In 
this context, the Parties shall give due consideration 
to requests by a devel oping country for transitional 
measures with regard to its market access 
commitments under paragraph  3, as well as its Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, through the 
provisions  set out in this Article, duly take into 
account the development, financial and trade needs 
of developing countries, in particular least -developed 
countries, in their need to:  
 
(a) safeguard  their balance -of-payments 
position and ensure a level of reserves GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
implementation of the procedural obligations of the 
Agreement under paragraph  5. The Parties shall 
accord special and differential treatment, as provided 
for by this Article[.]EC [: 
 
(a) to any least -developed country that 
accedes to this Agreement;  and 
 
(b) to any other developing country that 
accedes to this Agreement, provided 
that such country demonstrates to the 
Parties' sat isfaction a need for such 
treatment]SWI,US.]EC,SWI,US 
 
[bearing in mind the importance attached to the 
concept of development, in particular as it refers to 
small and medium enterprises from developing 
countries, the Parties shall give due consideration to  a 
request by a developing country to invoke the use of 
"offsets" as defined in Article I and under the 
conditions stated below.]ISR 
 
2. [Subject to the coverage that a developed 
country Party has negotiated with an acceding 
developing country, the]SWI,US [Each]EC developed 
country Party shall provide immediately to the goods, 
services and suppliers of the acceding developing 
country the most favourable treatment offered by that 
developed country Party under Appendix  I upon 
accession of the developing count ry. [However, with 
respect to a developing country other than a least -
developed country, where the Parties have agreed to 
[transitional measures,] provided for in paragraph  3 
for such country, in order to maintain appropriate 
reciprocal trade opportunities  under the Agreement, 
any Party may agree with the acceding country to 
limit the scope of coverage that the Party provides to 
that country during the agreed transition period.  Any 
such limitations shall be clearly identified in the 
Committee's accession de cision and in each Party's 
Annexes or Notes to Appendix  I.]SWI,US 
 
3. A developing country Party may, with the 
agreement of the Parties, [adopt or]EC retain 
transitional measures upon its accession to the 
Agreement, during an agreed -upon transition period 
with a phase -out schedule that may include:  
 
(a) price preference programmes, provided 
that the price preference programme:  
 
(i) provides a preference only for 
the part of the tender 
incorporating goods or services 
originating in the Party applying 
the preference or goods or 
services originating in other 
developing countries that have 
preferential agreements with the 
Party applying the preference;  
and 
 
(ii) is transparent, and its application 
is clearly stated in notices of 
intended procurement and 
notices inviting suppliers to apply 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 cott age 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 developmen t 
through regional or global 
arrangements among developing 
countries presented to the Ministerial 
Conference of the World Trade 
Organization (hereinafter referred to as 
the "WTO") and not disapproved by it.  
 
2. 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 p aragraph  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 countries, in the 
preparation of their coverage lists under the 
provisions of this Agreement, shall endeavour to 
include entities procuring products and services of 
export interest to developing countries.  
 
Agreed Exclusions  
 
4. A developing country may negotiate with other 
participants in negotiations under this Agreem ent 
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 co nsiderations 
mentioned in subparagraphs  1(a) through 1(c) shall 
be duly taken into account.  A developing country 
participating in regional or global arrangements 
among developing countries referred to in 
subparagraph  1(d) may also negotiate exclusions to 
its lists, having regard to the particular circumstances 
of each case, taking into account, inter alia, the 
provisions on government procurement provided for 
in the regional or global arrangements concerned 
and, in particular, products or services which may  be GPA/TN1994/4  
 
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for participation in procurement 
covered by the Agreement;  [or]EC 
 
[(b) offsets, provided that:  
 
(i) any requirement for, or 
consideration of, the imposition 
of offsets is clearly stated in 
notices of intended procurement 
and notices inviting suppliers to 
apply for participation in 
procurement covered by the 
Agreement;  and 
 
(ii) the offsets are applied in a non -
discriminatory manner;  
[or]SWI,US]SWI,US,EC 
 
 [Offsets  
 
- Notwithstanding Article  III:5, 
require the incorporation of  local 
content, offset procurement, 
[transfer of technology], or any 
other measures that are 
consistent with the meaning of 
"offsets" under Article I to this 
Agreement.  
 
- Requirements regarding the 
imposition of offsets shall be 
stated clearly in notices of 
intended procurements and in 
any other relevant 
documentation.]ISR  
[NB: Israel and Korea are still 
considering their position on 
"transfer of technology".]  
 
[(c) limitations on its coverage such as the 
partial or total exclusion of a specific 
sector or entities]SWI,US. 
4. The agreed -upon transition period shall not 
exceed [X]  years for developing countries and 
[2X] years for least -developed countries.  
5. In order for a developing country Party to bring 
its measures into conformity with the Agre ement, it 
may, with the agreement of the Parties, apply a 
specified implementation period, which shall be:  
 
(a) for a least -developed country Party, 
[three] years from the entry into force 
of the Agreement for that Party;  and 
 
(b) for any other developing country Party, 
the period necessary to adopt measures 
relating to [specific provisions of]SWI,US 
the Agreement,  
 
provided that the Party complies with Article  III [non-
discrimination ]. 
 
6. At the end of the transition period, provided for 
in paragraph  3, and the implementation period, 
provided for in paragraph  5, the developing country 
Party shall fully comply with the Agreement.  subject to common industrial development 
programmes.  
 
5. After entry into force of this Agreement, a 
developing country Party may modify its coverage 
lists in accordance with the provisions for 
modification of such lists contained in paragraph  6 of 
Article XXIV, having regard to its development, 
financial and trade needs, or may request the 
Committee on Government Procurement (hereinafter 
referred to as "the Committee") to grant exclusions 
from the rules on national treatment for certain 
entities, produ cts or services that are included in its 
coverage lists, having regard to the particular 
circumstances of each case and taking duly into 
account the provisions of subparagraphs  1(a) through 
1(c). After entry into force of this Agreement, a 
developing count ry Party may also request the 
Committee to grant exclusions for certain entities, 
products or services that are included in its coverage 
lists in the light of its participation in regional or 
global arrangements among developing countries, 
having regard to  the particular circumstances of each 
case and taking duly into account the provisions of 
subparagraph  1(d). Each request to the Committee 
by a developing country Party relating to modification 
of a list shall be accompanied by documentation 
relevant to th e request or by such information as may 
be necessary for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
 
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, sha ll relate, inter alia, to: 
 
- the solution of particular technical 
problems relating to the award of a 
specific contract; and  
 
- any other problem which the Party 
making the request and another Party 
agree to deal with in the context of this 
assistance.  
 
10. Technical assistance referred to in 
paragraphs  8 and 9 would include translation of 
qualification documentation and tenders made by 
suppliers of developing country Parties into an official 
language of the WTO designated by the entity, unle ss 
developed country Parties deem translation to be 
burdensome, and in that case explanation shall be GPA/TN1994/4  
 
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7. Any developing country Party that has been 
permitted to retain a transitional measure under 
paragraph  3, or apply an implemen tation period under 
paragraph  5, shall list in an Annex to its Appendix  I: 
 
(a) the price preference programme or 
offset, including the schedule for phase -
out of the measure;  
 
[(b) the schedule for the expansion of 
coverage;]SWI,US and 
 
(c) the implementation period [, and where 
applicable, specific procedural 
obligations and any interim measures 
that it will take with regard to those 
obligations]SWI,US. 
 
8. After the Agreement has entered into force for 
a developing country Party, the Committee,  on 
request of the developing country Party, and with a 
three -fourths majority vote, may:  
(a) extend the transitional period for 
measures permitted under 
paragraphs  3 or 5 where a developing 
country Party demonstrates a need for 
an extension of the transit ional 
measure;  or 
 
(b) approve the application of a new 
transitional measure in special 
circumstances unforeseen during the 
accession process, provided that the 
measure is consistent with paragraph  3. 
 
9. A Party benefiting from a transitional measure 
provided for under paragraphs  3 or 5 shall take such 
steps as may be necessary to ensure the fulfilment of 
all of its obligations at the end of the transitional 
period.  The Party shall notify the Committee of such 
steps, including any special technical coopera tion 
needs.  
 
10. During a developing country's accession 
process or after the entry into force of this Agreement 
for that country, the Parties shall give due 
consideration to any request by such country for 
technical cooperation in relation to that country 's 
implementation of this Agreement.  
 
11. Each Party shall establish an information centre 
to respond to reasonable requests from a developing 
country Party for information related to the Party's 
efforts to fully benefit from its participation in the 
Agree ment.  Such information may include information 
relating to procurements plans, procedures or 
requirements with respect to procurement covered by 
the Agreement.  
 
12. The GPA Committee shall review the operation 
and effectiveness of this Article every five  years[, and 
more frequently, as necessary, with regard to 
developing country Parties that have measures that 
are subject to this Article]SWI,US. given to developing country Parties upon their 
request addressed either to the developed country 
Parties or to their entities.  
 
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 
governme nt 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 t enders.  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 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in 
those Parties with respect to products or services 
originating in thos e 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 servic es 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 service s 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 pr ocurement.  
 
Review  
 
14. The Committee shall review annually the 
operation and effectiveness of this Article and, after 
each three years of its operation on the basis of 
reports to be submitted by Parties, shall carry out a 
major review in order to evaluate its effects.  As part 
of the three -yearly reviews and with a view to 
achieving the maximum implementation of the 
provisions of this Agreement, including in particular 
Article  III, and having regard to the development, 
financial and trade situation of the developing 
countries concerned, the Committee shall examine 
whether exclusions provided for in accordance with 
the provisions of paragraphs  4 through 6 of this 
Article shall be modified or extended.  
 
15. In the course of further rounds of negotiatio ns 
in accordance with the provisions of paragraph  7 of 
Article  XXIV, each developing country Party shall give GPA/TN1994/4  
 
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consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, 
financial and trade situation.  
Article  XV 
Except ions to the Agreement  Article  XXIII 
Exceptions to the Agreement  
1. Nothing in this Agreement shall be construed 
to prevent any Party from taking any action or not 
disclosing any information that it considers necessary 
for the protection of its essential s ecurity interests 
relating to the procurement of arms, ammunition or 
war materials, or to procurement indispensable for 
national security or for national defence purposes.  1. Nothing in this Agreement shall be construed to 
prevent any Party from taking any  action or not 
disclosing any information which it considers 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 nat ional defence purposes.  
2. Subject to the requirement that 
such measures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiable 
discrimination between Parties where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shall be 
construed to prevent any Party from imposing or 
enforcing measures:  
 
(a) necessary to protect public morals, 
order or safety;  
 
(b) necessary to protect human, animal or 
plant life or he alth; 
 
(c) necessary to protect intellectual 
property;  or 
 
(d) relating to goods or services of 
handicapped persons, of philanthropic 
institutions or of prison labour.  2. Subject to the requirement that such 
measures are not applied in a manner which woul d 
constitute a means of arbitrary or unjustifiable 
discrimination between countries where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shall 
be construed to prevent any Party from imposing or 
enforcing measures: necessary to protect public 
morals, order or safety, human, animal or plant life 
or health or intellectual property;  or relating to the 
products or services of handicapped persons, of 
philanthropic institutions or of prison labour.  
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to protect 
human, animal or plant life or health]CDA,US [or natural 
resources].CT]US,CDA,CT [NB: Hong Kong, China;  
Korea;  the EC;  and Japan considered this 
paragraph not necessary, given 
paragraph  2(b).]   
[4. [Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to untying of such 
aid, this Agreement does not apply to procurement 
made in furtherance of tied aid to developing 
countries so long as it is practised by Parties.]SWI,JPN 
[NB: Location needs to be reconsidered.  Norway 
proposes to delete this paragraph.]  [Market 
Access Issue ]  
Article  XVI 
Modifications and Rectifications to Coverage  
[NB: This Article reflects only the views of 
Japan, Korea and the United States.  The EC 
reserves its position on this Article and the right 
to submit its own drafting at a later stage.  
Switzerland, Singapore and Canada are still 
reviewing this Article.]   
 
[1. For purposes of this Article, where a procuring 
entity that is the subject of a proposed rectification, 
transfer, modification or withdrawal, pursuant to 
paragraph  2 or 3 of this Article is required to accord 
the treatment described in Art icles VII to X to goods, 
services or suppliers of another party, then the latter 
party shall be considered an ‘affected party’.]US  GPA/TN1994/4  
 
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[2]US [1.(a)]JPN,KOR [A Party shall notify the 
Committee of any]US Rectification[s]JPN,KOR, 
transfer[s]JPN,KOR of an entity  from one Annex to 
another or, in exceptional cases, other 
modification[s]JPN,KOR [(hereinafter collectively 
referred to as "modification"]US [relating 
to]JPN,KOR [of]US Appendices  I through  IV [shall 
be notified to the Committee]JPN,KOR, along with 
inform ation as to the likely consequences of 
the change for the mutually agreed coverage 
provided in this Agreement.  [The Committee 
shall circulate the notification.]US If [no affected 
Party submits to the Committee an objection in 
writing to]US the [proposed]US [rectifications, 
transfers or other]JPN,KOR modification[s are of a 
purely formal or minor nature, they]JPN,KOR 
[within 30  days of circulation of the 
notification, the proposed modification]US shall 
become effective [provided there is no 
objection in writ ing, notified by any Party the 
benefits of which under this Agreement may be 
affected by the proposed modification (referred 
to in this Article as the "affected Party") within 
30 days.]JPN,KOR [Where and affected Party 
submits an objection that the propose d 
modification is not of a purely formal or minor 
nature,]US [In other cases,]JPN,KOR the Chairman 
of the Committee shall promptly convene a 
meeting of the Committee.  The Committee 
shall consider the proposal and any claim for 
compensatory adjustments [mad e by any 
affected Party]JPN,KOR, with a view to 
maintaining a balance of rights and obligations 
and a comparable level of mutually agreed 
coverage provided in this Agreement prior to 
such notification.  In the event of an agreement 
not being reached , the ma tter may be pursued 
[by any affected Party]JPN,KOR in accordance 
with the procedures [provided for]US 
[contained]JPN in Article  XVIII [or 
arbitration].JPN [NB: The US continues to 
oppose the addition of "arbitration" in the 
absence of a clarification the o peration of 
such a process in this context.]  Article XXIV  
6. Rectifications or Modifications  
(a) Rectifications , transfers of an entity 
from one Annex to another or, in 
exceptional cases, other modifications 
relating to Appendices I through IV 
shall be notified to the Committee, 
along with information as to the likely 
consequences of the change for the 
mutually agreed coverage provided in 
this Agreement. 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, wit h a view 
to maintaining a balance of rights and 
obligations and a comparable level of 
mutually agreed coverage provided in 
this Agreement prior to such 
notification. In the event of agreement 
not being reached, the matter may be 
pursued in accordance with the 
provisions contained in Article XXII  
 
[(b) If no affected  Party has requested the 
procedures contained in 
Article  [XXII]JPN,KOR [XVIII]US [or 
arbitration] within [120]KOR [210]  days 
from the date of circulation of the 
proposed modifications under 
subparagraph  (a), the proposed 
modifications shall become effective.  
The period under this subparagraph 
may be extended by mutual 
agreement.]JPN,KOR  
[(c) (the same provisions as 
paragraph  (2)(e) below.)]JPN  
[3]US [2.]JPN,KOR  (a) Where a Party wishes[, in 
exercise of its rights,]JPN,KOR to withdraw  an 
entity from Appendix  I on the grounds that 
government control or influence over it has 
been effectively eliminated [or that the entity 
concerned is engaged in the provision of goods 
or services in markets to which access is not 
restricted and are subject to genuine 
competition]EC, that Party [(referred to in this 
Article as the "modifying Party")]JPN,KOR shall (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 t he 
day after the end of the following 
meeting of the Committee, provided 
that the meeting is no sooner than GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
notify the Committee.  [The Committee shall 
circulate the notification.  If no affected Part y 
submits to the Committee an objection in 
writing to the proposed withdrawal within 
30 days of circulation of the notification, the 
proposed withdrawal]US [Such 
modification]JPN,KOR shall become effective the 
day after the end of the following meeting of 
the Committee, provided that the meeting is 
no sooner than 30  days from the date of 
[circulation of the]US notification and no 
[affected Party submits a written]US objection 
[has been made by any Party the benefits of 
which under this Agreement may be affe cted 
by the proposed modification (referred to in 
this Article as the "affected Party")]JPN,KOR 
[within 30  days of the circulation]US. [NB: The 
United States proposes the modifications 
noted in caps and strikeout to clarify the 
operation of the paragraph.]  30 days from the date of notification 
and no objection has been made….  
[(b) The notification shall contain evidence 
that government control or infl uence 
over it has been effectively eliminated , 
including information [that addresses]US 
[on]JPN the following [factors]US 
[criteria]JPN,KOR:  
[NB: Hong Kong, China would  like to 
clarify whether consideration of a 
request to remove an entity from 
Appendix  I will be based on all the 
factors for which the information is 
required or whether such 
consideration can be based on the 
information provided for a single 
factor.  HKC considers that the 
modifying Party does not need to 
provide in his notification of 
modif ications information to 
address all the factors/criteria 
listed in this paragraph .]  
- [whether there is a legal nexus or 
relationship between the government 
and the entity;]US [NB: Hong Kong, 
China does not see a need for the 
above factor since the relationship 
and/or linkage between the entity 
and the government could be 
addressed in other factors.]  
 
- [whether]US the government [does not 
control a majority of]JPN,KOR [holds a 
direct or indirect controlling interest 
in]US the entity's capital [nor]JPN,KOR 
[and]US voting rights;  
 
- [whether]US the government [does 
not]JPN,KOR appoint[s]US more than half of 
the members of the entity's managing 
board [or such other number as would 
have]US [which has]JPN,KOR the power to 
decide on operations;]JPN,KOR,US 
 
- [whether the government provides 
support to or subsidizes the entity, and, 
if so, wheth er such support represents a 
one-time public investment or a 
continuous operating subsidy;]US  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
- [the operation of the entity is financed 
by its business revenue, not by 
government subsidies]JPN [Not more 
than 50  percent of the entity's financing 
comes fro m the State or public bodies];  
 
- [whether the government exercises 
formal or informal oversight or 
supervision of an entity's business 
decisions, beyond the normal regulatory 
oversight for all suppliers in a particular 
industry;]US [NB: Hong Kong, China 
would like illustration of this 
factor/criteria.]  
 
- [whether there are any personnel 
linkages between the entity and the 
government;]US [NB: Hong Kong, 
China does not see a need for the 
above factor since the relationship 
and/or linkage between the entity 
and the government could be 
addressed in other factors.]  
 
- [the government does not have control 
or influence over the entity's 
procurement decisions;]JPN 
 
- [the government does not provide the 
entity with any special or exclusive 
rights to operate;]JPN [whether the 
government has granted special or 
exclusive legal or economic rights or 
benefits that may alter the 
competitiveness of an entity's goods or 
services in a commercial market or 
otherwise influence the entity’s business 
decisions;]US [and]CT,US [NB: Hong 
Kong, China would like illustration 
of the US bracket .] 
 
- [whether the entity is exclusively 
engaged in the provision of goods or 
services in commercial markets subject 
to genuine competition, or whether it 
has mixed governmental and  
commercial functions.]US [there are 
more than one [entity] [supplier]CT that 
engage in the provision of goods or 
services on the market.]JPN [NB: Hong 
Kong, China would like illustration 
of the US bracket .] 
[(b)bis The market in which the entity operates 
is directly exposed to competition on 
markets to which access is not 
restricted, it being acknowledged that 
government control or influence over an 
entity through shareholding, 
participation on the management board, 
financing or any other means ma y be 
neutralized insofar as the entity's 
procurement is concerned where the 
entity is exposed to competition on 
markets to which access is not 
restricted.]    GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[NB: The US does not support this 
paragraph.]  
(c) In the event of an objection  notified, in 
writing, by any affected Party]JPN,KOR,US 
the modifying Party shall enter into 
consultations with such affected Party.  
If agreement is not reached between 
the modifying Party and any affected 
Party [within [120]KOR [210]  days from 
the date of circulation of the  proposed 
modifications under 
subparagraph  (a)]JPN,KOR [, or within 
90 days where the information provided 
with the notification pursuant to 
subparagraph  (b) is comprehensive],] 
the matter may be pursued [by such 
affected Party]JPN,KOR in accordance with 
the procedures on consultations and 
dispute settlement contained in 
Article  XVIII [[or arbitration] by written 
request, including reasons why the 
affected Party objects to the proposed 
modification].JPN [In considering the 
proposed modi fication to Appendix  I and 
any consequential compensatory 
adjustment, allowance shall be made for 
the market -opening effects of the 
removal of government control or 
influence.]JPN,US 
 
[(d) If no affected Party has requested the 
procedures contained in Arti cle XVIII [or 
arbitration] within [30  days after the 
expiry of]KOR the [120]KOR [210] -day 
period of consultations under 
subparagraph  (c), the proposed 
modification shall become effective.  The 
period of consultation may be extended 
by mutual agreement.]JPN,KOR 
 
[(e) If the modifying Party implements its 
proposed withdrawal and does not 
comply with the findings of the 
arbitration, any affected Party that  
participated in the arbitration may 
modify or withdraw substantially 
equivalent benefits under its Appendix  I 
in conformity with those findings.  
Notwithstanding Article  III, such 
modification or withdrawal may be 
implemented solely with respect to the 
modifying Party.]JPN 6. Rectifications or Modifications  
 
(b) …In the event of an objection, the 
matter may be pursued in accordance 
with the procedures on consultations 
and dispute settlement contained in 
Article  XXII. In considering the 
proposed modification to Appendix I 
and any consequential compensatory 
adjustment, allowance shall be made 
for the market -opening effects of the 
removal of government control or 
influence  
 
[3. The Committee on Government Procurement 
shall establish procedures for rectifications or 
modifications to Appendices.  Any Party wishing to 
rectify or modify its Appendices in accordance with 
preceding paragraphs shall comply with such 
procedures.]JPN,KOR  
Article  XVII  
Challenge Procedures  Article XX  
Challenge Procedures  
[Consultations between the Procuring Entity and 
Supplier  
 
1. In the event of a complaint by a supplier that 
there has been a breach of this Agreement arising in 
the context of a procurement covered by this 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 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Agreement in which the supplier has, or has had, an 
interest, each Party shall encourage the procuring 
entity a nd supplier to seek resolution of the complaint 
through consultations.  The procuring entity shall 
accord impartial and timely consideration to any such 
complaint in a manner that is not prejudicial to [the 
supplier's participation in ongoing or future 
procurement]US,CDA,JPN the supplier's rights to seek 
corrective measures under the challenge system.  consultation with the procuring entity. In such 
instanc es the procuring entity shall accord impartial 
and timely consideration to any such complaint, in a 
manner that is not prejudicial to obtaining corrective 
measures under the challenge system.  
 
Challenge  
 
2. Each Party shall provide timely, effective, 
transparent and non -discriminatory means for a 
supplier to challenge an alleged breach of this 
Agreement arising in the context of a procurement 
covered by this Agreement, in which it has, or has 
had, an interest[, without prejudice to the supplier's 
participa tion in ongoing or future procurements].US,CDA 
The procedural rules for all  challenges shall be in 
writing and made generally available.  Challenge  
 
2. Each Party shall provide non -discriminatory, 
timely, transparent and effective procedures enabling 
suppli ers to challenge alleged breaches of the 
Agreement arising in the context of procurements in 
which they have, or have had, an interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
3. Each supplier shall be allowed a sufficient 
period of time to prepare and submit a challenge, 
which in no case shall be less than 10  days from the 
time when the basis of the complaint became known 
or reasonably should have become known to the 
supplier.  [NB: Hong Kong, China believes that the 
time-period allowed for submitting a bid 
challenge should be specified.]  5. The interested supplier may be required to 
initiate a challenge procedure and notify the 
procuring entity within specified time -limits from the 
time when the basis of the complaint is known or 
reasonably should have been known, but in no case 
within a period of less than 10 days.  
 
 4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by this Agreement shall be 
retained for three years.  
4. [Supplier challenges relating to procurement 
covered by this Agreement shall be reviewed by an]EC 
[Each Party shall establish or designate at least 
one]US,CDA impartial administrative or judicial author ity 
that is independent of its procuring entities [to receive 
and review complaints of suppliers arising in the 
context of a procurement covered by this 
Agreement].US,CDA 6. Challenges shall be heard by a court or by an 
impartial and independent review bod y with no 
interest in the outcome of the procurement and the 
members of which are secure from external influence 
during the term of appointment.  
 
5. Where a body other than an authority referred 
to in paragraph  4 initially reviews a complaint, the 
Party shall ensure that the supplier may appeal the 
initial decision to an impartial administrative or 
judicial authority that is independent of the procuring 
entity that is the subject of a challenge.   
6. A review body that is not a court shall either be  
subject to judicial review or shall have procedures 
which provide that:   A review body which is not a court shall either 
be subject to judicial review or shall have procedures 
which provide that:  
(a) the procuring  entity shall respond in 
writing to the complaint and disclose all 
relevant documents to the review body;  
 (g) documents  are disclosed to the review 
body.  
 
(e) opinions  or decisions are given in 
writing with a statement describing the 
basis for the opinions or decisions;  
(b) the participants  to the proceedings shall 
have the right to be heard prior to a 
decision of the review body being made 
on the complaint;  (a) partic ipants can be heard before an 
opinion  is given or a decision is 
reached;  
 
(c) the participants  to the proceedings shall 
have the right to be represented and 
accompanied;  (b) participants can be represented and 
accompanied ; 
 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) the participants  to the proceedings shall 
have access to all proceedings[, subject 
to Article  XIII (Non-Disclosure of 
Information)]US; (c) participants  shall have access to all 
proceedings;  
(e) the participants to the proceedings shall 
have the right to reque st that the 
proceedings take place in public[, 
subject to Article  XIII (Non-Disclosure of 
Information),]US and that witnesses may 
be presented;  and (d) proceedings  can take place in public;  
 
(f) [decisions or]EC,US [findings and]CDA 
recommendations  relating to supplier 
[challenges]EC [complaints]US shall be 
provided, in a timely fashion, in writing, 
with an explanation of the[ir]CDA 
basis[.]CDA [for each decision or 
recommendation].  (f) witnesses  can be presented;  
 
7. [Each Party shall adopt or maintain procedures 
that]US,CDA [Challenge procedures shall]EC provide for:  7. Challenge procedures shall provide for:  
 
(a) rapid interim measures[, pending the 
resolution  of a complaint,]US,CDA [to 
correct breaches of the Agreement and] 
to preserve the supplier's opportunity to 
participate in the procurement.  Such 
interim measures may result in 
suspension of the procurement 
process[.]EC [, including contract award 
or the performance of a contrac t that 
has already been awarded.]US,CDA 
However, procedures may provide that 
overriding adverse consequences for the 
interests concerned, including the public 
interest, may be taken into account 
when deciding whether such measures 
should be applied.  In suc h 
circumstances, just cause for not acting 
shall be provided in writing;  [NB: The 
United States proposes deletion of 
"to correct breaches of the 
Agreement and since such actions 
would be taken only in the final 
action of the Court.]  (a) rapid interim measu res to correct 
breaches  of the Agreement and to 
preserve commercial opportunities. 
Such action may result in suspension of 
the procurement process. However, 
procedures may provide that overriding 
adverse consequences for the interests 
concerned, including the public interest, 
may be taken into account in deciding 
whether such measures should be 
applied.  In such circumstances, just 
cause for not acting shall be provided in 
writing;  
 
 (b) an assessment and a possibility for a 
decision on the justification of the 
challenge;  
(b) correction of the breach of the 
Agreement  or compensation for the loss 
or damages suffered, which may be 
limited to costs for the preparation of 
the tender or [complaint]US 
[challenge]EC [; and (c) correction of the bre ach of the 
Agreement or compensation for the loss 
or damages suffered, which may be 
limited to costs for tender preparation 
or protest.  
(c) protection of the confidentiality of 
information  subject to Article  XIII:1]EC  
 8. With a view to the preservation  of the 
commercial and other interests involved, the 
challenge procedure shall normally be completed in a 
timely fashion.  
Article  XVIII  
Consultations and Dispute Settlement  Article XXII  
Consultations and Dispute Settlement  
1. [The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") [shall be 
applicable] [apply]CDA except as otherwise provided 
below.]CDA,EC,JPN,NOR [The provisions of 1. The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (he reinafter referred to as 
the "Dispute Settlement Understanding") shall be 
applicable except as otherwise specifically provided 
below.  GPA/TN1994/4  
 
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Article  XXII and XXIII of GATT[, except 
Article  XXIII:1(c),]US as elaborated and applied by the 
Understanding on Rules and Procedures Governing the 
Settlement of Disputes under the WTO Agreement 
(Dispute Settlement Understanding) [shall] appl y to 
consultations and the settlement of disputes under 
this Agreement, except as otherwise specifically 
provided herein.]US,SWI  
[2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nul lified or impaired, or that the 
attainment of any objective of this Agreement is being 
impeded as the result of the failure of another Party 
or Parties to carry out its [or their]CT obligations under 
this Agreement, [or the application by another Party 
or Parties of any measure, whether or not it conflicts 
with the provisions of this Agreement,]CDA,KOR,JPN it may 
with a view to reaching a mutually satisfactory 
resolution of the matter, [request consultations.]EC,CDA 
[make written representations or proposal s to the 
other Party or Parties which it considers to be 
concerned.  Such action [must]CDA [shall] be promptly 
notified to the Dispute Settlement Body established 
under the Dispute Settlement Understanding 
(hereinafter referred to as "DSB"), as specified be low. 
Any Party thus approached shall give sympathetic 
consideration to the representations or proposals 
made to it.]KOR,CDA,JPN  [Whenever a Party to this 
Agreement other than the consulting Parties considers 
that it has a substantial trade interest in such  
consultations, it may notify the consulting Parties and 
the Dispute Settlement Body (DSB), within 10  days 
after the date of the circulation of the request for 
consultations under this paragraph, of its desire to be 
joined in such consultations.]EC,JPN [NB: Japan and 
the EC indicated that further thinking should be 
devoted to avoiding that third Parties be entitled 
to join consultations in the context of disputes 
related not only to the GPA but also to other 
WTO Agreements.  Japan indicated that the DSU 
renegotiations still need to address the whether 
the standard should be "substantial trade 
interest".]  2. If any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that the 
attainmen t 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 
considers to be concerned. Such action shall be 
promptly n otified to the Dispute Settlement Body 
established under the Dispute Settlement 
Understanding (hereinafter referred to as "DSB"), as 
specified below.  Any Party thus approached shall give 
sympathetic consideration to the representations or 
proposals made to  it. 
 
[2bis. Where the dispute concerns the award of a 
specific procurement, paragraphs  8 and 9 of Article  4 
of the Dispute Settlement Understanding (DSU) may 
be invoked by the complaining Party.]EC  
3. Where a dispute exclusively concerns 
provisions of this Agreement, only Parties to this 
Agreement [shall] [may]CDA participate in decisions or 
actions taken by the DSB under this Agreement.  
 3. The DSB shall have the authority to establish 
panels, adopt panel and Appellate Body reports, 
make recommendations or give rulings on the matter, 
maintain surveillance of implementation of rulings 
and recommendations, and 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, provided that only 
Members of the WTO Party to this Agreement shall 
participate in decisions or actions taken by the DSB 
with respect to disputes under this Agreement.  
4. [In the cas e of a dispute in which provisions 
both of this Agreement and of one or more other 
Agreements listed in Appendix  1 of the Dispute 
Settlement Understanding are invoked by one of the 
parties to the dispute, [paragraph  3 [shall apply] 
[applies]CDA only to those parts of the panel report 
concerning the interpretation and application of this 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 GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Agreement]KOR,JPN,CT [only Members of the WTO that 
are Party to this Agreement [shall] [may]CDA 
participate in decisions or actions taken by the 
Dispute Settleme nt Body with respect to those parts 
of the dispute concerning this 
Agreement].US,CDA]KOR,JPN,CT,US,SWI,CDA [A Member of the 
WTO may seek to join in consultations pertaining to 
this Agreement, pursuant to Article  4.11 of the DSU, 
only if that Member is also  a Party to this 
Agreement.]US any other covered Agreement cited by the 
parties to the dispute), the matter referred to 
the DSB by (name of party) in document ... 
and to make such findings as will ass ist the 
DSB in making the recommendations or in 
giving the rulings provided for in this 
Agreement."  
 
In the case of a dispute in which provisions both of 
this Agreement and of one or more other Agreements 
listed in Appendix  1 of the Dispute Settlement 
Understanding are invoked by one of the parties to 
the dispute, paragraph 3 shall apply only to those 
parts of the panel report concerning the 
interpretation and application of this Agreement.  
[5. [Each p]CDA[P]anel[s] established by the DSB to 
examine dispu tes under this Agreement [must]CDA 
[shall] include persons qualified in the area of 
government procurement.]US,KOR,JPN,CT,SWI,CDA 5. Panels established by the DSB to examine 
disputes under this Agreement should include persons 
qualified in the area of gove rnment procurement.  
 
[5bis. [Each p]CDA[P]anel[s] [must]CDA [shall] adopt 
appropriate procedures to protect confidentiality of 
information subject to Article  XIII:1.]EC  
6. [Every effort shall be made to accelerate the 
proceedings to the greatest extent possible.]KOR,JPN,CT,US 
[Notwithstanding the provisions of p aragraphs  8 and 9 
of Article  12 of the Dispute Settlement Understanding, 
the panel shall attempt]CDA,JPN,CT [Where the dispute 
concerns the award of a specific procurement the 
panel shall aim,]EC,SWI to provide its final report to the 
parties to the disput e not later than [three months]EC 
[four months, and in case of delay not later than 
seven months,]CDA,JPN,CT, after the date on which the 
composition and terms of reference of the panel are 
agreed.  Consequently, every effort shall be made to 
reduce also th e periods foreseen in paragraph  1 of 
Article  20 and paragraph  4 of Article  21 of the Dispute 
Settlement Understanding by 
[two]CDA,JPN,CT [three]EC months.  Moreover, 
notwithstanding the provisions of paragraph  5 of 
Article  21 of the DSU, the panel shall att empt to issue 
its decision, in case of a disagreement as to the 
existence or consistency with a covered Agreement of 
measures taken to comply with the recommendations 
and rulings, within 60  days.]EC,JPN,CT 6. Every effort shall be made to accelerate the 
proceedings to the greatest extent possible. 
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 mon ths, and in case of delay not later than 
seven months, after the date on which the 
composition and terms of reference of the panel are 
agreed. Consequently, every effort shall be made to 
reduce also the periods foreseen in paragraph 1 of 
Article 20 and par agraph 4 of Article 21 of the 
Dispute Settlement Understanding by two months. 
Moreover, notwithstanding the provisions of 
paragraph 5 of Article 21 of the Dispute Settlement 
Understanding, the panel shall attempt to issue its 
decision, in case of a disagre ement as to the 
existence or consistency with a covered Agreement of 
measures taken to comply with the recommendations 
and rulings, within 60 days.  
[6bis. (a) In the communication referred to in 
Article  [21.3] of the DSU, the Party 
concerned shall inform the DSB whether 
it is possible to bring the measures 
found to be inconsistent with this 
Agreement into conformity with the 
Agreement.  If the Party concerned 
indicates that it is not possible to bring 
the measures found to be inconsistent 
with this A greement into conformity 
with the Agreement, that Party shall, 
immediately after having made that 
communication, enter into consultations 
with a view to developing mutually 
acceptable compensation.   
(b) Any Party which has entered into such 
consultations,  may at any time request 
an arbitration to determine the level of 
nullification or impairment that was 
caused by the measure found to be 
inconsistent with this Agreement.   GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) Unless a request for arbitration has 
been made, the Party concerned shall, 
within 30 days from the request for 
consultations, submit to all Parties who 
have entered into such consultations, a 
proposal for mutually acceptable 
compensation.   
(d) When an arbitration has been 
requested, the Party concerned shall 
submit such a proposal within 30  days 
of the award of the arbitrator.  Any such 
proposal shall be consistent with the 
award of the arbitrator.   
(e) Such arbitration shall be carried out by 
the original panel, if members are 
available, or by an arbitrator, which 
term shall be interpreted as referring to 
an individual or a group, appointed by 
the Director -General and shall be 
completed within 60  days after the 
request for arbitration.   
(f) If no proposal for compensation has 
been submitted within the periods 
referred t o in subparagraphs  (c) or (d), 
or if no agreement has been reached 
within 60  days from the submission of 
the later of:  
 
(i) a proposal for mutually 
acceptable compensation;  or 
 
(ii) such a proposal made 
subsequent to an arbitration 
award,  
 
the complaining Party shall be entitled to request 
authorization from the DSB to suspend the application 
to the Party concerned of concessions and other 
obligations under the covered agreements that is 
appropriate in light of the level of nullification or 
impairment that was caused by the measure.]EC  
[7. Notwithstanding paragraph  2 of Article  22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix  1 to 
the Dispute Settlement Understanding other than this 
Agreemen t shall not result in the suspension of 
concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligations under any other 
Agreement listed in the said 
Appendix  1.]CDA,KOR,JPN,US,CT,ISR 7. Notwithstanding paragraph 2 of Article 22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix 1 to 
the Dispute Settlement Understanding other than this 
Agreement shall not result in the suspension of 
concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligations under any other 
Agreement listed in the said Ap pendix 1.  
 
Article  XIX 
Institutions  Article XXI  
Institutions  
Committee on Government Procurement   
1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established.  This Committee shall elect its 
own Chairman and shall meet as necessary, but not 
less than once  a year, for the purpose of affording 
Parties the opportunity to consult on any matters 
relating to the operation of this Agreement or the 
furtherance of its objectives, and to carry out such 
other responsibilities as may be assigned to it by the 
Parties.  1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established.  This Committee shall elect its own 
Chairman and Vice -Chairman and shall meet as 
necessary but not less than once a year for the 
purpose of affording Parties the opportunity to consult 
on any matters relating to the operation of this 
Agreement or the furtherance of its objectives, and to 
carry out such other responsibilities as may be 
assigned to it by the Parties.  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. The Committee may establish working parties 
or other subsidiary bodies that shall carry out such 
functions as may be given to them by the Committee.  2. The Committee may establish working parties 
or other subsidiary bodie s which shall carry out such 
functions as may be given to them by the Committee.  
Observers   
3. Any WTO Member that is not a Party to this 
Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a 
written notice to the Secretariat.  Any WTO observer 
may submit a written request to the Secretariat to 
participate in the Committee as an observer, and may 
be accorded observer status by the Committee.  Article XVII  
2. Governments not Parties to the Agreement 
which comply wi th the conditions specified in 
paragraphs 1(a) through 1(c), shall be entitled if they 
so inform the Parties to participate in the Committee 
as observers.  
Article  XX 
Final Provisions  Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter force on  [ ] for 
those WTO Members whose agreed coverage is set 
out in Annexes  1 through  5 of Appendix  I, and which 
have, by signature, accepted this Agreement on  [ ], or 
have, by or on that date, signed the Agreement 
subject to ratification and have subsequently ratified 
the Agreement before  [ ]. 1. Acceptance and Entry into Force  
 
This Agreement shall enter into force on 
1 January  1996 for those governments 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 subsequently ratified the Agreement 
before 1 January  1996.  
Transitional Arrangements  3. Transitional Arrangements  
 (a) Hong Kong and Korea may delay 
application of the provisions of this 
Agreement, except Articles  XXI 
and XXII, to a date not later than 
1 January  1997.  The commencement 
date of their application of the 
provisio ns, if prior to 1  January  1997, 
shall be notified to the Director -General 
of the WTO 30 days in advance.  
 (b) During  the period between the date of 
entry into force of this Agreement and 
the date of its application by Hong  Kong, 
the rights and obligations between Hong 
Kong and all other Parties to this 
Agreement which were on 15  April 1994 
Parties to the Agreement on 
Government Procurement done at 
Geneva on 12  April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by the 
substantive provisions of the 1988 
Agreement, including its Annexes as 
modified or rectified, which provisions 
are incorporat ed herein by reference for 
that purpose and shall remain in force 
until 31  December  1996.  
 
Note 9:  All provisions of the 1988 Agreement except 
the Preamble, Article  VII and Article  IX other than 
paragraphs 5(a) and (b) and paragraph 10.  
2. Between the Par ties to this Agreement that are 
also Parties to the Agreement on Government 
Procurement dated 15  April 1994 
("1994  Agreement"), the 1994  Agreement shall cease 
to apply  When all Parties to the 1994  Agreement have 
accepted this Agreement, the 1994  Agreement shall 
be terminated.  (c) Between  Parties to this Agreement 
which are also Parties to the 1988 
Agreement, the rights and obligations of 
this Agreement shall supersede those 
under the 1988 Agreement.  
 GPA/TN1994/4  
 
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Accession  2. Accession  
3. Any Member of the WTO that is not a Party to 
this Agreement may accede to this Agreement on 
terms to be agreed between that Member and the 
Parties.  Accession shall take place by deposit with the 
Director -General of the WTO of an instrument of 
accession that states the terms so agreed.  This 
Agreement shall enter into force for an acceding 
Member on the 30th day following the date of its 
accession to this Agreement.  Any government which is a Member of the WTO, or 
prior to the date of entry into force of the WTO 
Agreement which is a contracting party to GATT  1947, 
and which is not a Party to this Agreement may accede 
to this Agreement on terms to be agreed between that 
government and the Parties.  Accession shall take place 
by deposit with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed.  The Agreement shall enter into force for an 
acceding government on the 30th day following the 
date of its accession to the Agreement.  
Reservations  
 
4. No Party may enter any reservation in respe ct 
of any provisions of this Agreement.  4. Reservations  
 
Reservations may not be entered in respect of any of 
the provisions of this Agreement.  
National Legislation  
 
5. Each Party shall ensure, not later than the date 
of entry into force of this Agreement for it, the 
conformity of its laws, regulations and administrative 
procedures, and the rules, procedures and practices 
applied by its procuring entities, with the provisions of 
this Agreement.  
 5. National  Legislation  
 
(a) Each government accepting or acceding 
to this Agreement shall ensure, not later 
than the date of entry into force of this 
Agreement for it, the conformity of its 
laws, regulations and administrative 
procedures, and the rules, procedures 
and practices applied by  the entities 
contained in its lists annexed hereto, 
with the provisions of this Agreement.  
6. Each Party shall inform the Committee of any 
changes in its laws and regulations relevant to this 
Agreement and in the administration of such laws and 
regulatio ns. (b) Each Party shall inform the Committee 
of any changes in its laws and 
regulations relevant to this Agreement 
and in the administration of such laws 
and regulations.  
Reports and Future Work  
 
7. The Committee shall annually inform the 
General Council of the WTO of developments relating 
to the implementation and operation of this 
Agreement.  
 
[7bis. Not later than the end of the third  year from 
the date of entry into force of this Agreement, and 
periodically thereafter, the Parties thereto shall 
undertake further negotiations, with a view to 
improving this Agreement [and achieving the greatest 
possible extension of its coverage among all Parties]EC 
[without prejudice to the needs of developing 
countries]ISR.]EC,ISR [NB: Hong Kong, China 
suggested deleting "and achieving the greatest 
possible extension of its coverage among all 
Parties", since "with a view to improving this 
Agreement" is already general and fine .] 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.  
 
[8. The Parties shall seek to avoid introducing or 
continuing discriminatory measures and practices that 
distort open procurement and shall, in the context of 
negotiations, seek to eliminate those which remain on 
the date of entry into force of this Agreement.]HKC 
[Market Access Issue ] 
 (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 ent ry into force of this 
Agreement.  
9. Following the conclusion of the work 
programme for the harmonization of rules of origin for 
goods being undertaken under the Agreement on 
Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organiz ation and 
negotiations regarding trade in services, the Parties Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules of origin 
for goods to be undertaken under the Agreement on 
Rules of Origin in Annex 1A of the Agreement 
Establishing the World Trade Organization GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
shall take the results of that work programme and 
those negotiations into account in amending Article  [ ] 
as appropriate.  [NB. Switzerland considers the 
reference to rules of origin to be redu ndant.]  (hereinafter referred to as "WT O Agreement") and 
negotiations regarding trade in services, Parties shall 
take the results of that work programme and those 
negotiations into account in amending paragraph  1 as 
appropriate.  
Amendments  
 
10. The Parties may amend this Agreement having 
regar d, inter alia , to the experience gained in its 
implementation.  Such an amendment, once the 
Parties have concurred in accordance with the 
procedures established by the Committee, shall [not 
enter into force for any Party until it has been 
accepted by such P arty]HKC [take effect for the Parties 
that have accepted them upon acceptance by two 
thirds of the Parties and thereafter for each other 
Party upon acceptance by it].EC,JPN  
[NB: Hong Kong, China is checking whether it 
can withdraw its proposal.]  9. Amendm ents 
 
 Parties may amend this Agreement having 
regard, inter alia, to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall not enter into 
force for any Party until it has been accepted by such 
Party.  
Withdrawal  
 
11. Any Party may withdraw from this Agreement.  
The withdrawal shall take effect upon the expiration of 
60 days from the date the Director -General of the 
WTO receives written notice  of the withdrawal.  Any 
Party may upon such notification request an 
immediate meeting of the Committee.  
 10. Withdrawal  
 
(a) Any Party may withdraw from this 
Agreement.  The withdrawal shall take 
effect upon the expiration of 60 days 
from the date on which written notice 
of withdrawal is received by the 
Director -General of the WTO.  Any Party 
may upon such notification request an 
immediate meeting of the Committee.  
12. If a Party to this Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to 
this Agreement with effect from the same date.  
 (b) If a Party to this Agreement does not 
become a Member of the WTO within 
one year of the date of entry into force 
of the WTO Agreement or ceases to be a 
Member of the WTO, it shall cease to be 
a Party to this Agreement with effect 
from the same date.  
Non-application of this Agreement between Particular 
Parties  
 
13. This Agreement shall not apply as between any 
two Parties if either Party, at the time it accepts or 
accedes to this Agreement, do es not consent to such 
application.  11. Non-application of this Agreement between 
Particular Parties  
 
 This Agreement shall not apply as between any 
two Parties if either of the Parties, at the time either 
accepts or accedes to this Agreement, does not 
consent to such application.  
Appendices  
 
14. The Appendices to this Agreement constitute 
an integral part thereof.  12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes to this 
Agreement constitute an integral part thereof.  
Secretariat  
 
15. This Agreement shall be serviced by the WTO 
Secretariat.  13. Secretariat  
 
 This Agreement shall be serviced by the WTO 
Secretariat.  
Deposit  
16. This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  [ ] and of each 
amendment thereto pursuant to paragraph  10, and a 
notification of each accession thereto pursuant to  
paragraph  3 and of each withdrawal therefrom 
pursuant to paragraph  11. 14. Deposit  
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectifica tion 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 parag raph 10 of this Article.  GPA/TN1994/4  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Registration  
 
17. This Agreement shall be registered in 
accordance with the provisions of Article  102 of the 
Charter of the United Nations.  15. Registration  
 
 This Agreement shall be registered in 
accordance with the provisions of Article 102 of the 
Charter of the United Nations.  
Done at [ ] this  [ ] day of [ ] in a single copy in the 
English, French and Spanish languages, each text 
being authentic, except as otherwise specified with 
respect to the Appendices hereto.  Done at Marrakesh this fifteenth day of April one 
thousand nine hundred and ninety -four in a single 
copy, in the English, French and Spanish languages, 
each text being authentic, except as otherwise 
specified with respect to the Appendic es hereto.  
 
 
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