WORLD TRADE  
ORGANIZATION  GPA/81 
23 November 2004 
 (04-5086) 
Committee on Government Procurement Original:   English 
  
 
NOTIFICATION OF NATIONAL IMPLEMENTING LEGISLATION 
 
Communication from the Netherlands with respect to Aruba
 
  
 The following communication, dated 18 November 2004, is being circulated at the request of 
the Delegation of the Netherlands with respect to  Aruba in accordance with the Committee Decision 
of 4 June 1996, relating to the procedures for th e notification of national implementing legislation 
(GPA/1/Add.1).  
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RESPONSES TO THE CHECKLIST OF ISSUES 
 
I. GENERAL ELEMENTS  
 
1. Has the Agreement been tr ansposed into national law
 and/or does it apply directly? 
 
 The "Agreement" has been converted to some  extent into a State Decree Public Tenders 
S.P.G. 1996 No. 58 for working out Article 25 of the Accounting Ordinance S.P.G. 1989 No. 72.  
However, the conversion is not complete as on so me points the State Decree Public Tenders has 
shortcomings and/or is not in line with the "Agree ment".  Aruba is in the process of introducing new 
legislation that will address these shortcomings.  
2. In the case that entities below the federal or central state level
 are covered:  are these 
categories of entities autonomous from federal or central state level government in the 
implementation of the Agreement?  
 This question is not applicable to state enterprises.  
3. In the case that Annex 3 entities
 are covered:  are these categor ies of entities autonomous in 
the implementation of the Agreement or do they apply th e legislation provided by the federal/central 
or sub-central level? 
 
 The State Decree Public Tenders is  applicable to state enterprises. 
 4. Which main differences
 (if any) exist between the implementing laws at the federal or central 
level, the sub-central level and for Annex 3 entities? 
 
 As far as is known, there are no differences between the regulations to be implemented. 
 
5. To what extent is information technology  used in the process of government procurement? 
  The application of "information tec hnology" in public tenders is nil. 
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II. SPECIFIC ELEMENTS  
 
6. Identify the specific provisions  in your legislation which reflect the national treatment and 
non-discrimination  commitments of Article III of the Agreement. 
  Provisions have been made in the State Decree Public Tenders for compliance with Article 3 
of the "Agreement".  Article 3, paragraph 2, letter h of the State Decree Public Tenders provides that 
the announcement must state all economic and tech nical requirements the bidders have to meet, 
irrespective of their composition and the services or products to be supplied, when making the bid and 
at the time of awarding the contract.  Article 6, paragraph 1, letters g and h also indicate this.  
Furthermore, no distinction may be made pursuant to  Article 4, paragraph 1, letters a and b between 
local and foreign bidders.  Reasons are given for th e above in Article 20, paragraphs 1, 2 and 3. 
 
7. Article IX:2 of the Agreement foresees that the invitation to participate
 may take the form of a 
notice of proposed procurement.  If your implem enting legislation provides for this opportunity, give 
details.  
 All invitations for public tenders are regulat ed by Article 3 of the State Decree Public 
Tenders.  Pursuant to Article 3, an  announcement has to be made and the way in which this has to be 
done.  Pursuant to Article 4, the announcement should also take place  in the English language, if the 
cost of carrying out the work is estimated at an equivalent of 130,000 and 5, 000,000 SDR or more for, 
respectively, the supply of goods and/or the re ndering of services and for not being the supply of 
services and/or the rendering of services.  
8. Article IX: 3 of the Agreement foresees that en tities at the sub-central level as well as Annex 3 
entities may use a notice of planned procurement or  a notice regarding a qualification system as an 
invitation to participate
.  If your implementing legislation pr ovides for this opportunity, give details. 
 
 No provisions have been made for this  in the State Decree Public Tenders. 
 
9. In the case of selective tendering procedures :  to what extent are entities allowed to use 
permanent lists of suppliers or is there a requirem ent for lists of suppliers to be selected on a 
contract-by-contract basis?  
 A permanent list of suppliers is not available in the case of a private tender;  a list of potential 
suppliers is drawn up in the case of a possible private tender.  10. Article XIV of the Agreement allows for negotiation
 under certain conditions.  Are entities 
allowed to proceed to negotiations?  If so, wh ich categories and what a re the conditions imposed? 
 
 Negotiations are not provided for by the State Decree Public Tenders.  
11. Article XI contains the ti me-limits for tendering and delivery
.  Time-limits shall normally be 
“not less than X days”.  Does the domestic legislati on reflect the various minimum time-limits as set 
out in the Agreement?  If not, give information on  any longer time-limits which have been established. 
 
 The period between the date of announcement and the date for filing a bid is at least 14 days.  
For realization costs equal to or exceeding 130,000 and 5,000,000 SDR (Artic le 4, paragraph 1), a 
period of 40 days is prescribed between the date  of announcement and the date of filing a bid. 
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12. To what extent does the implementing legislation allow entities, in pursuance of Article XII:1, 
to permit tenders to be submitted in several languages  (one of which has to be a language of the 
WTO)?  To what extent do entities use this flexibility? 
 Article 4, paragraph 2, letters a and b prescrib e that, pursuant to Article 4, paragraph 1, the 
announcement also has to be made in the English la nguage and that the bid may always be made in 
the English language as well, if the specification bi dding allows this.  This is applied when one 
expects foreign bidders. 
III. CHALLENGE PROCEDURES - ARTICLE XX  
13. Paragraph 3 of Article XX requires each Party to provide its challenge procedures in writing 
and make them generally available.  Please provide this information. 
 As far as is known, there are no specific procedures for processing objections against acting 
in violation of the "Agreement" or the State Decree Public Tenders.  The only ways available for this 
are the possibilities provided by the prevailing legisla tion and regulations, appeal to the Court of First 
Instance. 
14. To the extent that this information does not fully respond to the following points, please 
provide the supplementary info rmation necessary to do so. 
 (i) The time-limit to  launch a complaint  contained in the Agreement is "not less than 
10 days".  What are the limits in domestic legislation?  
 (ii) What body is responsible for the challe nge procedures?  Is this a "court" or an 
"impartial and independent Review Body "?  If the latter: 
  - How are its members selected?   - Are its decisions subject to judicial review?   - If not, how are the requirements of paragraph 6 of Article XX taken 
into account? 
 (iii) What is the applicable law
 by reference to which the challenge body will examine 
complaints? 
 (iv) Which rapid interim measures  are provided to correct b reaches of the Agreement and 
to preserve commercial opportunities? 
- Do these measures include the possi bility to suspend the procurement 
process?  On what conditions? 
 (v) How do challenge procedures provide for correction  of the Agreement?  What type of 
compensation  for loss or damages suffered c an the challenge body order? 
 (vi) Give any available information on the time-periods  for the stages of the challenge 
process, including to obtain interim measures and a final decision. 
 (vii) What are the usual costs  to conduct a challenge pro cedure?  Are there possibilities 
foreseen to do so free of charge? 
 No information received. 
 
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