WORLD TRADE  
ORGANIZATION  GPA/W/297 
11 December 2006 
 
 (06-5935) 
Committee on Government Procurement  
  
 
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT 
AS AT 8 DECEMBER 2006 
 
Prepared by the Secretariat
 
 
  This document contains the text of the revision of the 1994 Agreement on Government 
Procurement which was referred to by the Chairm an of the Committee on Government Procurement 
in the formal meeting of the Committee on the afternoon of Friday, 8 December 2006.
1 
 
_______________ 
 
 Table of Contents  
 
Article I Definitions 
Article II Scope and Coverage 
Article III Exceptions to the Agreement Article IV Developing Countries Article V General Principles Article VI Information on the Procurement System 
Article VII Notices 
Article VIII Conditions  for Participation 
Article IX Qualification of Suppliers Article X Technical Specifications and Tender Documentation Article XI Time-Periods Article XII Negotiation 
Article XIII Limited Tendering 
Article XIV Electronic Auctions Article XV Treatment of Tenders and Contract Awards Article XVI Transparency of Procurement Information Article XVII Disclosure of Information 
Article XVIII Domestic Review Procedures for Supplier Challenges 
Article XIX Modifications and Rectifications to Coverage 
Article XX Consultations and Dispute Settlement 
Article XXI Institutions Article XXII Final Provisions  
 
                                                     
 
1 See paragraphs 20-21 of the Committee's Report to the General Council (GPA/89 of 
11 December 2006). GPA/W/297 
Page 2  
 
Preamble 
 
Parties to this Agreement (hereinafter referred to as "Parties"),  Recognizing  the need for an effective multilateral fram ework for government procurement, with a 
view to achieving greater liberalization and expa nsion of, and improving the framework for, the 
conduct of international trade;  Recognizing  that measures regarding gove rnment procurement should not be prepared, adopted or 
applied so as to afford protection to domestic s uppliers, goods, or services, or to discriminate among 
foreign suppliers, goods, or services; 
 Recognizing  that the integrity and predictability of gove rnment 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;  Recognizing  the need to take into accoun t the development, financial, and trade needs of developing 
countries, in particular the least-developed countries; 
 
Recognizing the importance of transparent measures regard ing government procurement, of carrying 
out procurements in a transparent and impartial ma nner, and of avoiding conf licts of interest and 
corrupt practices, in accordance with applicable in ternational instruments, such as the United Nations 
Convention Against Corruption; 
 
Recognizing the importance of using, and encouraging th e use of, electronic means for procurement 
covered by this Agreement;  Desiring  to encourage acceptance of and accession to this Agreement by WTO Members not party to 
it; 
 
Having undertaken  further negotiations in pursuance of these objectives; 
 Hereby agree  as follows: 
 Article I Definitions  
 
For purposes of this Agreement:  
(a) commercial goods and services  means goods and services of a type generally sold or 
offered for sale in the commercial mark etplace to, and customarily purchased by, 
non-governmental buyers for non-governmental purposes; 
 
(b) construction services contract  means a contract that has as its objective the 
realization by whatever means of civil or building works, based on Division 51 of the Provisional U.N. Central Product Classification (CPC); 
 
(c) 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 expression shall be read as pertaining to that customs territory, unless 
otherwise specified;  GPA/W/297 
 Page 3 
 
 
 
(d) days  means calendar days; 
 
(e) electronic auction  means an iterative process that involves the use of electronic 
means for the presentation by suppliers of either new prices, or new values for 
quantifiable non-price elements of the tender re lated to the evaluation criteria, or both, 
resulting in a ranking or re-ranking of tenders; 
 
(f) 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; 
 
(g) limited tendering  means a procurement method where the procuring entity contacts a 
supplier or suppliers of its choice; 
 
(h) measure  means any law, regulation, procedure, administrative guidance or practice, 
or any action of a procuring entity relating to a covered procurement;  
 
(i) multi-use list  means a list of suppliers that a pr ocuring entity has determined satisfy 
the conditions for participation in that list, and that the procuring entity intends to use 
more than once; 
 
(j) notice of intended procurement  means a notice published by a procuring entity 
inviting interested suppliers to submit a requ est for participation, a tender, or both; 
 
(k) offsets  means any condition or undertaking th at encourages local development or 
improves a Party's balance-of-payments accounts, such as the use of domestic 
content, the licensing of technology, invest ment, counter-trade, and similar actions or 
requirements; 
 
(l) open tendering  means a procurement method wher e all interested suppliers may 
submit a tender; 
 
(m) person  means a natural person or a juridical person; 
 
(n) procuring entity  means an entity covered under Annex 1, 2, or 3 of Appendix I of 
each Party; 
 
(o) qualified supplier  means a supplier that a procuring entity recognizes as having 
satisfied the conditions for participation; 
 
(p) selective tendering  means a procurement method where only suppliers satisfying the 
conditions for participation are invited by  the procuring entity to submit a tender; 
 
(q) services  includes construction services, unless otherwise specified; 
 
(r) standard  means a document approved by a recognized body, that provides, for 
common and repeated use, rules, guidelines, or characteristics for goods or services, 
or related processes and production met hods, with which compliance is not 
mandatory.  It may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a good, service, process, or production method; 
 GPA/W/297 
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(s) supplier  means a person or group of persons that provides or could provide goods or 
services; 
 
(t) technical specification  means a tendering requirement that: 
 
(i) lays down the characteristics of goods or services to be procured, including 
quality, performance, safety, and dimensions, or the processes and methods for their production or provision;  or 
 
(ii) addresses terminology, symbols, packaging, marki ng, or labelling 
requirements, as they apply to a good or service. 
 
Article II Scope and Coverage  
 
Application of Agreement  
 
1. This Agreement applies to an y measure regarding covered proc urement, whether or not it is 
conducted exclusively or partially by electronic means.  
 2. For the purposes of this Agreement, c overed procurement means procurement for 
governmental purposes: 
 
(a) of goods, services, or any combination thereof: 
 
(i) as specified in each Party's Appendix I;  and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the 
production or supply of goods or services for commercial sale or resale; 
 
(b) by any contractual means, including purchase;   lease;  and rental or hire purchase, 
with or without an option to buy; 
 
(c) for which the value, as estimated in acco rdance with paragraphs 6 through 8, equals 
or exceeds the relevant threshold specified in Appendix I, at the time of publication of 
a notice in accordance with Article VII;  
 
(d) by a procuring entity;  and 
 
(e) that is not otherwise excluded from covera ge in paragraph 3 or in a Party's Appendix 
I. 
 3. Except where provided otherwise in a Party's Appendix I, this Agreement does not apply to:  
(a) the acquisition or rental of land, existing
 buildings, or other immovable property or 
the rights thereon; 
 
(b) non-contractual agreements or any form of  assistance that a Party provides, including 
cooperative agreements, grants, loans, equity infusions, guarantees, and fiscal 
incentives; 
 
(c) the procurement or acquisition of fiscal agency or depository services, liquidation and 
management services for regulated financia l institutions, or services related to the 
sale, redemption and distribution of pub lic debt, including loans and government 
bonds, notes and other securities;  GPA/W/297 
 Page 5 
 
 
 
(d) public employment contracts; 
 
(e) procurement conducted: 
 
  (i) for the specific purpose of providing international assistance, 
   including development aid; 
 
 (ii) under the particular procedure or condition of an international agreement 
relating to the stationing of troops or relating to the joint implementation by 
the signatory countries of a project; or 
 
 (iii) under the particular procedure or c ondition of an international organization, 
or funded by international grants, loans, or other assistance where the applicable procedure or condition would be  inconsistent with this Agreement. 
 
4. Each Party shall specify the following information in its Appendix I annexes
2: 
 
(a) in Annex 1, the central government ent ities whose procurement is covered by this 
Agreement; 
 
(b) in Annex 2, the sub-central government entities whose procurement is covered by this 
Agreement; 
 
(c) in Annex 3, all other entities whose proc urement is covered by this Agreement; 
 
(d) in Annex 4, the services covered by this Agreement; 
 
(e) in Annex 5,  the construction servi ces covered by this Agreement;  and 
 
(f) in Annex 6,  any General Notes app licable to the annexes of the Party. 
 
5. Where a procuring entity, in the context of covered procurement, re quires persons not listed 
in Appendix I to procure in accordance with pa rticular requirements, Article V shall apply 
mutatis mutandis  to such requirements. 
 
Valuation 
 
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
(a) neither divide a procurement into separate procurements nor select or use a particular 
valuation method for estimating the value of  a procurement with the intention of 
totally or partially excluding it from th e application of this Agreement;  and 
 
(b) include the estimated maximum total value of the procurement over its entire 
duration, whether awarded to one or more suppliers, taking into account all forms of 
remuneration, including: 
 
(i) premiums, fees, commissions, and interest;  and 
 
                                                     
 
2 Negotiators' Note: The Parties are still considering whether to add a specific Annex on goods to 
Appendix I. GPA/W/297 
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(ii) where the procurement provides for the possibility of option clauses, 
the estimated maximum total value of th e procurement, inclusive of optional 
purchases. 
 7. Where an individual requirement for a procur ement results in the award of more than one 
contract, or in the award of contracts in separate parts (hereafter referred to as "recurring 
procurements"), the calculation of the estimat ed maximum total value shall be based on: 
 
(a) the value of recurring procurements of the same type of good or service awarded 
during the preceding 12 months or the procuring entity's preceding fiscal year, 
adjusted where possible to take into acc ount anticipated changes in the quantity or 
value of the good or service being procur ed over the subsequent 12 months;  or  
 
(b) the estimated value of recurring procuremen ts of the same type of good or service to 
be awarded during the 12 months subseque nt to the initial contract award or the 
procuring entity's fiscal year. 
 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: 
 
(a) in the case of a fixed-term contract: 
 
(i) where the term of the contract is 12 months or less, the total estimated 
maximum value for its duration, or 
 
(ii) where the term of the contract exceeds 12 months, the total estimated 
maximum value, including any estimated residual value; 
 
(b) where the contract is for an indefinite period, the estimated monthly instalment 
multiplied by 48;  and 
  (c) where is it not certain whether the contract is to be a fixed-term contract, 
subparagraph (b) shall be used. 
 
Article III Exceptions to the Agreement 
 
1. Nothing in this Agreement shall be construe d to prevent any Party from taking any action or 
not disclosing any information that it considers n ecessary for the protection of its essential security 
interests relating to the procurement of arms, am munition, or war materials, or to procurement 
indispensable for national security or for national defence purposes.  2. Subject to the requirement that such me asures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiabl e discrimination between Parties where the same 
conditions prevail or a disguised restriction on intern ational trade, nothing in this Agreement shall be 
construed to prevent any Party from
 imposing or enforcing measures: 
 
(a) necessary to protect public morals, order, or safety; 
 
(b) necessary to protect human, animal or plant life or health; 
 
(c) necessary to protect intellectual property;  or 
 
(d) relating to goods or services of persons  with disabilities, philanthropic institutions, 
or prison labour.  GPA/W/297 
 Page 7 
 
 
 
Article IV Developing Countries  
 
1. In negotiations on accession to, and in th e implementation and administration of, this 
Agreement, the Parties shall give special considera tion to the development, financial, and trade needs 
and circumstances of developing countries and leas t-developed countries (collectively referred to 
hereafter as "developing countries", unless specificall y identified otherwise), recognizing that these 
may differ significantly from country to country.  As  provided for in this Article and upon request, the 
Parties shall accord special and differential treatment to:  
(a) least-developed countries;  and 
 
(b) any other developing country, where and to the extent that this special and differential 
treatment meets its development needs.  
 
2. Upon accession by a developing country to this Agreement, each Party shall provide 
immediately to the goods, services, and suppliers of that country the most favourable coverage that 
the Party provides under Appendix I to any other Pa rty to this Agreement, subject to any terms 
negotiated between that Party and the developing count ry in order to maintain an appropriate balance 
of opportunities under this Agreement.  
3. Based on its development needs, and with the agreement of the Parties, a developing country 
may adopt or retain one or more of the following transitional measures, during a transition period and 
in accordance with a schedule, set out in an Annex to its Appendix I, and in a manner that does not 
discriminate among the Parties:  
(a) a price preference programme, provided that the programme: 
 
(i) provides a preference only for the part of the tender incorporating goods or 
services originating in the developing country applying the preference or goods or services originating in other developing countries in respect of which the developing country applying the preference has an obligation to 
provide national treatment under a preferential agreement;  and 
 
(ii) is transparent, and the preference and its application in the procurement are 
clearly described in the notice of intended procurement; 
 
(b) an offset, provided that any requirement for, or consideration of, the imposition of the 
offset is clearly stated in the notice of intended procurement; 
 
(c) the phased-in addition of specific entities or sectors;  and 
 
(d) a threshold that is higher than its permanent threshold.  
 
4. In negotiations on accession to this Agreement,  the Parties may agree to the delay of the 
application of any specific obligation in this Agr eement, other than Article V:1(b), by an acceding 
developing country while that country complete s its implementation of the obligation.  The 
implementation period shall be for: 
 
(a) a least-developed country, five years af ter its accession to this Agreement;  and 
 
(b) any other developing coun try, only the period necessary to implement the specific 
obligation, but not to exceed three years.  
 GPA/W/297 
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5. Any developing country that has been permitte d a period in which to implement an obligation 
under paragraph 4 shall list in an Annex to its Appendix I the implementation period, the specific 
obligation subject to the implementation period, an d any interim obligation with which it agrees to 
comply during the implementation period.  
6. After this Agreement has entered into fo rce for a developing country, the Committee, 
on request of the developing country, may: 
(a) extend the transition period for a measu re permitted under paragraph 3 or the 
implementation period permitte d under paragraph 4;  or 
 
(b) approve the application of a new trans itional measure permitted under paragraph 3, in 
special circumstances that were unforeseen during the accession process. 
 7. A developing country benefiting from a tran sitional measure provided for in paragraphs 3 
or 6, or an implementation period provided for in paragraph 4, or any extension thereof under 
paragraph 6 shall take such steps during the tran sition period or implementation period as may be 
necessary to ensure that it is in compliance with th is Agreement at the end of any such period.  The 
developing country shall promptly notify the Committee of such steps.  8. The Parties shall give due consideration to any request by a developing country for technical 
cooperation and capacity building in relation to that  country's accession to, or implementation of, this 
Agreement. 
 9. The Committee may develop procedures for th e implementation of this Article.  Such 
procedures may include provisions for voting on deci sions relating to requests under paragraph 6. 
 
10. The Committee shall review the operation and e ffectiveness of this Article every five years. 
 
Article V General Principles  
 
National Treatment and Non-Discrimination 
 1. With respect to any measure regarding c overed procurement, each Party, including its 
procuring entities, shall accord immediately and unconditionally to the good s and services of any 
other Party and to the suppliers of any other Pa rty offering the goods or services of any Party, 
treatment no less favourable than the treatment the Party, including its procuring entities, accords to: 
 
(a) domestic goods, services, and suppliers;  and 
 
(b) goods, services, and suppliers of any other Party. 
 2. With respect to any measure regarding covere d procurement, a Party, including its procuring 
entities, shall not: 
 
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basis of degree of fore ign affiliation or ownership;  nor 
 
(b) discriminate against a locally establishe d 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. 
  GPA/W/297 
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Use of Electronic Means 
 
3. When conducting covered procurement by electronic means, a procuring entity shall: 
 
(a) ensure that the procurement is conducte d using information technology systems and 
software, including those related to authen tication and encryption of information,  
that are generally available and inter operable with other generally available 
information technology systems and software;  and 
 
(b) maintain mechanisms that ensure the in tegrity of requests for participation and 
tenders, including establishment of the time of receipt and the prevention of 
inappropriate access. 
 
Conduct of Procurement  
 4. A procuring entity shall conduct covered proc urement in a transparent and impartial manner 
that:   (a) is consistent with this Agreement, using methods such as open tendering, selective 
tendering, and limited tendering; 
 
(b) avoids conflicts of interest;  and 
 
(c) prevents corrupt practices. 
 
Rules of Origin 
 
5. For purposes of covered procurement, no Party ma y apply rules of origin to goods or services 
imported from or supplied by another Party that are di fferent from the rules of origin the Party applies 
at the same time in the normal course of trade to imports or supplies of the same goods or services from the same Party.  Offsets 
 
6. With regard to covered proc urement, a Party, including its procuring entities, shall not seek, 
take account of, impose, or enforce offsets.  Measures Not Specific to Procurement 
 
7. 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 measure s affecting trade in services other than measures 
governing covered procurement. 
 
Article VI Information on the Procurement System 
 
1. Each Party shall:  
(a) promptly publish any law, regulation, judicial decision, administrative ruling of 
general application, standard contract clauses mandated by law or regulation and 
incorporated by reference in notices a nd tender documentati on, and procedure 
regarding covered procurement, and any m odifications thereof, in an officially 
designated electronic or paper medium that is widely disseminated and remains 
readily accessible to the public;  and GPA/W/297 
Page 10  
 
 
(b) provide an explanation thereof to any Party, on request. 
 2. Each Party shall list:  
 (a) in Appendix II, the electronic or paper media in which the Party publishes the 
information regarding the Party's procur ement system as required by paragraph 1; 
  (b) in Appendix III, the electronic or paper media in which the Party publishes the 
notices required by Articles VII, IX:7, and XVI:2;  and 
 
 (c) in Appendix IV, the website address or addresses where the Party publishes: 
   (i) its procurement statistics pursuant to Article XVI:5, as a substitute for the 
 submission of the data re quired under Article XVI:4; 
 
  (ii) its notices concerning awarded contracts pursuant to Article XVI:6, as a 
 substitute for the report required under Article XVI:4. 
 3. Each Party shall promptly notify the Committee of any modification to the Party's information listed in Appendix II, III, or IV.
 
 Article VII Notices 
 
Notice of Intended Procurement 
 1. For each covered procurement, except in the circumstances described in Article XIII, 
a procuring entity shall publish a notice of intended procurement in the appropriate paper or electronic 
medium listed in Appendix III.  Such medium shal l be widely disseminated and such notices shall 
remain readily accessible to the public, at least, un til expiration of the time period indicated in the 
notice.  The notices shall:  
 (a) for procuring entities in Annex 1, be accessible by electronic means free of charge, 
for at least any minimum period of time specified in Appendix III, through a single point of access;  and 
  (b) for procuring entities in Annexes 2 and 3, where accessible by electronic means, be 
provided, at least, through links in a gateway electronic site that is accessible free of 
charge.  
 Parties, including their procuring entities in Annexes 2 and 3, are encouraged to publish their notices 
by electronic means free of charge through a single point of access.  
2. Except as otherwise provided in this Agreemen t, each notice of intended procurement shall 
include:  
(a) the name and address of the procuring entity and other information necessary to 
contact the procuring entity and obtain all relevant documents relating to the 
procurement, and their cost and terms of payment, if any; 
 
(b) a description of the procurement, including the nature and the quan tity of the goods or 
services to be procured or, where the quan tity is not known, the estimated quantity; 
  GPA/W/297 
 Page 11 
 
 
(c) for recurring contracts, if possible, an estimate of the timing of subsequent notices of 
intended procurement; 
 
(d) a description of any options; 
 
(e) the time-frame for delivery of goods or services or the duration of the contract; 
 
(f) the procurement method that will be used  and whether it will involve negotiation or 
electronic auction;  
 
(g) where applicable, the address and any fina l date for the submission of requests for 
participation in the procurement; 
 
(h) the address and the final date for the submission of tenders; 
 
(i) the language or languages in which tenders  or requests for participation must be 
submitted, if other than an official language of the Party of the procuring entity; 
 
(j) a list and brief description of any conditi ons for participation of  suppliers, including 
any requirements for specific documents or cer tifications to be provided by suppliers 
in connection therewith, unless such requirements are included in tender 
documentation that is made available to all in terested suppliers at the same time as the 
notice of intended procurement; 
 
(k) where, pursuant to Article IX, a procuring entity intends to select a limited number of 
qualified suppliers to be invite d 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 
 
(l) an indication that the procurement is covered by this Agreement. 
 
Summary Notice 
 
3. For each case of intended procurement, a pr ocuring entity shall publish a summary notice that 
is readily accessible, at the same time as the publi cation of the notice of intended procurement, in one 
of the WTO languages. The notice shall contain at least the following information:  
(a) the subject-matter of the procurement; 
 
(b) the final date for the submission of tender s or, where applicable, any final date for the 
submission of requests for participation in  the procurement or for inclusion on a 
multi-use list;  and 
 
(c) the address from which documents relating to the procurement may be requested. 
 
Notice of Planned Procurement  
 
4. Procuring entities are encouraged to publish in the appropriate paper or electronic medium 
listed in Appendix III as early as possible in each fiscal year a notice regarding their 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.  GPA/W/297 
Page 12  
 
5. A procuring entity in Annex 2 or 3 may use a notice of planned procurement as a notice of intended procurement provided that it includes as  much of the information in paragraph 2 as is 
available and a statement that interested suppliers should express their interest in the procurement to 
the entity.  Article VIII Conditions for Participation 
 
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a supplier has the lega l, commercial, technical, and financial abilities to 
undertake the relevant procurement. 
 
2. In assessing whether a supplier satisfies the cond itions for participation, a procuring entity: 
 
(a) shall evaluate the financial, commercia l, 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;  
 
(b) shall base its determination on the conditions  that the procuring entity has specified in 
advance in notices or tender documentation; 
 
(c) may not impose the condition that, in or der for a supplier to participate in a 
procurement, the supplier has previously b een awarded one or more contracts by a 
procuring entity of a given Party;  and 
 
(d) may require relevant prior experience where essential to meet the requirements of the 
procurement. 
 
3. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:  
(a) bankruptcy; 
 
(b) false declarations; 
 
(c) significant or persistent deficiencies in performance of any substantive requirement or 
obligation under a prior contract or contracts;
  
 
(d) final judgments in respect of serious crimes or other serious offences; 
 
(e) professional misconduct or acts or omissions that adversely reflect upon the 
commercial integrity of the supplier;  or 
 
(f) failure to pay taxes. 
 Article IX Qualification of Suppliers 
 
Registration Systems and Qualification Procedures  
 1. A Party, including its procuring entities, may maintain a supplier registration system where 
interested suppliers are required to re gister and provide certain information.  
  GPA/W/297 
 Page 13 
 
 
2. Each Party shall ensure that:  
(a) its procuring entities make efforts to minimize differences in their qualification 
procedures;  and 
 
(b) where its procuring entities maintain regist ration systems, the entities make efforts to 
minimize differences in their registration systems. 
 3. A Party, including its procuring entities, sha ll not adopt or apply any registration system or 
qualification procedure with the purpose or the ef fect of creating unnecessary obstacles to the 
participation of foreign supp liers in its procurement. 
 
Selective Tendering  
 
4. Where a procuring entity  intends to use selective tendering, the entity shall: 
 
 (a) in the notice of intended procuremen t include at least the information in 
Article VII:2(a), (b), (f), (g), (j), (k), and (l) and invite suppliers to submit a request 
for participation;  and 
 
(b) by the commencement of the time-pe riod for tendering, provide at least the 
information in Article VII:2 (c), (d), (e), (h ), and (i) to the qualified suppliers that it 
notifies in accordance with Article XI:3(b). 
 5. A procuring entity shall recognize as a qua lified supplier any domestic supplier and any 
supplier of another Party that meet s the conditions for participation in  a particular procurement, unless 
the procuring entity states in the notice of inte nded procurement any limitation on the number of 
suppliers that will be permitted to tender and the criteria for selec ting the limited number of suppliers. 
 6. Where the tender documentation is not made publicly available from the date of publication 
of the notice referred to in paragraph 4, a procuri ng entity shall ensure that those documents are made 
available at the same time to all the qualified suppliers selected in accordance with paragraph 5. 
 
Multi-Use Lists 
 
7. A procuring entity may maintain a multi-use list of suppliers, provided that a notice inviting 
interested suppliers to apply for inclusion on the list is: 
 
 (a) published annually;  and   (b) where published by electronic means, made available continuously,  in the appropriate medium listed in Appendix III. 
 
8. The notice provided for in paragraph 7 shall include:  
(a) a description of the goods or services, or categories thereof, for which the list may be 
used; 
 
(b) the conditions for participation to be satis fied by suppliers and the methods that the 
procuring entity will use to verify a supplier's satisfaction of the conditions; 
 
(c) the name and address of the procuring entity and other information necessary to 
contact the entity and obtain all releva nt documents relating to the list; GPA/W/297 
Page 14  
 
 
(d) the period of validity of the list and the m eans for its renewal or termination, or where 
the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list;  and 
 
(e) an indication that the list may be used for procurement covered by this Agreement. 
 9. Notwithstanding paragraph 7, where a multi-use list will be valid for three years or less, a 
procuring entity may publish the notice referred to in paragraph 7 only once, at the beginning of the 
period of validity of the list, provided that the notice: 
 
(a) states the period of validity and that further notices will not be published;  and 
 
(b) is published by electronic means and is  made available continuously during the 
period of its validity. 
 
10. A procuring entity shall allow suppliers to a pply at any time for inclusion on a multi-use list 
and shall include on the list all qualified s uppliers within a reasonably short time. 
 11. Where a supplier that is not included on a multi- use list submits a request for participation in 
a procurement  based on a multi-use list and all re quired documents relating thereto, within the 
time-period provided for in Article XI:2, a procurin g entity shall examine the request.  The procuring 
entity may not exclude the supplier from considerati on in respect of the procurement on the grounds 
that the entity has insufficient time to examine the request, unless,  in exceptional cases, due to the 
complexity of the procurement, the entity is not able to complete the examination of the request 
within the time-period allowed for the submission of tenders. 
 
Annexes 2 and 3 Entities 
 
12. A procuring entity listed in Annex 2 or 3 ma y use a notice inviting suppliers to apply for 
inclusion on a multi-use list as a notice of intended procurement, provided that:  
(a) the notice is published in accordance with  paragraph 7 and includes the information 
in paragraph 8, as much of the information in Article VII:2 as is available, and a 
statement that it constitutes a notice of intended procurement or that only the 
suppliers on the multi-use list will receive fu rther notices of procurement covered by 
the multi-use list;  
 
(b) the entity promptly provides to suppliers th at have expressed an interest to the entity 
in a given procurement, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in Article VII:2, to 
the extent such information is available;  and 
 
(c) a supplier having applied for inclusion on a multi-use list in accordance with 
paragraph 10 may be allowed to tender in a given procurement, where there is 
sufficient time for the procuring entity to  examine whether it satisfies the conditions 
for participation. 
 Information on Procuring Entity Decisions 
 
13. A procuring entity shall promptly inform any supplier that submits a request for participation 
or application for inclusion on a multi-use list of th e procuring entity's decision with respect to the 
request. 
  GPA/W/297 
 Page 15 
 
 
14. Where a procuring entity rejects a supplier's request for participation or application for inclusion on a multi-use list, ceases to recognize a s upplier as qualified, or removes a supplier from a 
multi-use list, the entity shall promptly inform the supplier and, on request of the supplier, promptly 
provide the supplier with a written explan ation of the reasons for its decision. 
 
Article X Technical Specifications and Tender Documentation  
 
Technical Specifications  
 
1. A procuring entity shall not prepare, adopt, or apply any technical specification or prescribe 
any conformity assessment procedure with the pur pose or the effect of creating unnecessary obstacles 
to international trade.  2. In prescribing the technical specifications for the goods or services being procured, a 
procuring entity shall, where appropriate: 
 
(a) specify the technical specification in terms of performance and functional 
requirements, rather than design or descriptive characteristics;  and 
 
(b) base the technical specification on intern ational standards, where such exist;  
otherwise, on national technical regulati ons, recognized national standards, or 
building codes. 
 3. Where design or descriptive characteristics are used in the technical specifications, a 
procuring entity should indicate, where appropriate, that it will consider tende rs of equivalent goods 
or services that demonstrably fulfil the requirement s of the procurement by including words such as 
"or equivalent" in the tender documentation.  
 4. A procuring entity shall not prescribe technical  specifications that require or refer to a 
particular trademark or trade name, patent, copy right, design, type, specific origin, producer, or 
supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement 
requirements and provided that, in such cases, the entity in cludes words such as "or equivalent" in the 
tender documentation.  
 5. 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 pers on that may have a commercial interest in the 
procurement. 
6. For greater certainty, a Party, including its  procuring entities, may, in accordance with this 
Article, prepare, adopt, or apply technical specifi cations to promote the conservation of natural 
resources or protect the environment.  
 
Tender Documentation 
 
7. A procuring entity shall provide to supp liers tender documentation that includes all 
information necessary to permit suppliers to prepar e and submit responsive tenders.  Unless already 
provided in the notice of intended procurement,  such documentation shall include a complete 
description of: 
 
(a) the procurement, including the nature a nd the quantity of the goods or services to be 
procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings, or instructional materials; GPA/W/297 
Page 16  
 
 
(b) any conditions for participation of supp liers, including a list of information and 
documents that suppliers are require d to submit in connection therewith; 
 
(c) all evaluation criteria to be considered in the awarding of the contract, and, except 
where price is the sole criterion, the relative importance of such criteria; 
 
(d) where the procuring entity will conduct the procurement by electronic means, any 
authentication and encryption requirements  or other requirements related to the 
receipt of information by electronic means; 
 
(e) where the procuring entity will hold an electronic auction, the rules, including 
identification of the elements of the tender related to the
 evaluation criteria, on which 
the auction will be conducted; 
 
(f) 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; 
 
(g) 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;  and 
 
(h) any dates for the delivery of goods or the supply of services. 
 8. 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 produc tion, de-stocking and transport of goods from the 
point of supply or for supply of services. 
 9. The evaluation criteria set out in the notice or tender documentation may include, among others, price and other cost factors, quality, techni cal merit, environmental characteristics, and terms 
of delivery.  
10. A procuring entity shall promptly: 
  (a) make available tender documentation to ensure that interested suppliers have 
sufficient time to submit responsive tenders; 
 
(b) provide, on request, the tender documenta tion to any interested supplier;  and 
 
(c) reply to any reasonable request for rele vant information by any interested or 
participating supplier, provided that such information does not give that supplier an 
advantage over other suppliers. 
 Modifications 
 
11. Where, prior to the award of a contract, a procuring entity modifies the criteria or technical requirements set out in a notice or tender documen tation provided to par ticipating suppliers, or 
amends or reissues a notice or tende r documentation, it shall transmit in writing all such modifications 
or amended or re-issued notice or tender documentation: 
 
(a) to all suppliers that are participating at th e time the information is amended, if known, 
and in all other cases, in the same manner as the original information;  and 
  GPA/W/297 
 Page 17 
 
 
(b) in adequate time to allow such suppliers  to modify and re-sub mit amended tenders, as 
appropriate.  
 
Article XI Time-Periods  
 
General  
 
1. A procuring entity shall, cons istent with its own reasonable n eeds, provide sufficient time for 
suppliers to prepare and submit requests for partic ipation and responsive tenders, taking into account 
such factors as: 
 
(a) the nature and complexity of the procurement; 
 
(b) the extent of subcontracting anticipated;  and 
 
(c) the time for transmitting tenders from foreign as well as domestic points where 
electronic means are not used. 
 Such time-periods, including any extension of the ti me-periods, shall be common for all interested or 
participating suppliers.  Deadlines 
 
2. A procuring entity that uses selective tenderi ng shall establish that the final date for the 
submission of requests for participation shall not, in principle, be less than 25 days from the date of 
publication of the notice of intended procurement.  Wh ere a state of urgency duly substantiated by the 
procuring entity renders this time-period impracti cable, the time-period may be reduced to not less 
than 10 days.  3. Except as provided for in paragraphs 4 and 5, a procuring entity shall establish that the final 
date for the submission of tenders shall not be  less than 40 days from the date on which: 
 
(a) in the case of open tendering, the notice of intended procurement is published;  or  
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi-use list. 
 
4. A procuring entity may reduce the time-period fo r tendering set out in paragraph 3 to not less 
than 10 days where:  
(a) the procuring entity published a notice of  planned procurement under Article VII:4 at 
least 40 days and not more than 12 months in advance of the publication of the notice 
of intended procurement, and the noti ce of planned procurement contains: 
 
(i) a description of the procurement; 
 
(ii) the approximate
 final dates for the submission of tenders or requests for 
participation; 
 
(iii) a statement that interested supplie rs should express their interest in the 
procurement to the procuring entity; 
 
(iv) the address from which documents relating to the procurement may be 
obtained;  and GPA/W/297 
Page 18  
 
 
(v) as much of the information that is required under Article VII:2 for the notice 
of intended procurement, as is available;  
 (b) the procuring entity, for procurements of a recurring nature, indicates in an initial 
notice of intended procurement that subse quent notices will provide time periods for 
tendering based on this paragraph; or  
 (c) a state of urgency duly substantiated by the procuring entity renders such time-period 
impracticable.  
 
5. A procuring entity may reduce the time-peri od for tendering set out in paragraph 3 by 
five days for each one of the following circumstances:  
(a) the notice of intended procurement is published by electronic means; 
 
(b) all the tender documentation is made available by electronic means from the date of 
the publication of the notice of intended procurement;  and 
 
(c) the tenders can be received by elect ronic means by the procuring entity. 
 
6. The use of paragraph 5, in conjunction w ith paragraph 4, shall in no case result in the 
reduction of the time-period for tendering set out in  paragraph 3 to less than 10 days from the date on 
which the notice of intended procurement is published.  7. Notwithstanding any other time-period in th is Article, where a procuring entity purchases 
commercial goods or services, it may reduce the time -period for tendering set out in paragraph 3 to 
not less than 13 days, provided that it publishes by electronic means, at the same time, both the notice 
of intended procurement and the tender documentati on.  Where the entity also accepts tenders for 
commercial goods and services by electronic means, it may reduce the time period set out in paragraph 3 to not less than 10 days.  
8. Where a procuring entity in Annex 2 or 3 h as selected all or a limited number of qualified 
suppliers, the time-period for tendering may be fi xed 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. 
 
Article XII Negotiation  
 
1. A Party may provide for its proc uring entities to conduct negotiations: 
 
(a) in the context of procurements in which th ey have indicated such intent in the notice 
of intended procurement require d under Article VII:2;  or 
 
(b) where it appears from the evaluation that no one tender is obviously the most 
advantageous in terms of the specific evaluation criteria set out in the notice or tender documentation. 
 
2. A procuring entity shall: 
 
(a) ensure that any elimination of suppliers pa rticipating in negotiations is carried out in 
accordance with the evaluation criteria set out  in the notice or tender documentation;  
and 
  GPA/W/297 
 Page 19 
 
 
(b) where negotiations are concluded, pr ovide a common deadlin e for the remaining 
participating suppliers to submit any new or revised tenders.  
 
Article XIII Limited Tendering 
 1. Provided that it does not use this provisi on for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers of the other Parties or protects domestic 
suppliers, a procuring entity may use limited te ndering and may choose not to apply Articles VII 
through IX, X (paragraphs 7 through 11), XI, XII, XIV, and XV only under the following 
circumstances:  
 
(a) provided that the requirements of the tender documentation are not substantially 
modified where: 
 
(i) no tenders were submitted or no su ppliers requested participation ; 
 
(ii) no tenders that conform to the essential requirements of the tender 
documentation were submitted; 
 
(iii) no suppliers satisfied the conditions for participation;  or 
 
(iv) the tenders submitted have been collusive; 
 
(b) where the goods or services can be supp lied only by a particular supplier and no 
reasonable alternative or substitute goods or services exist for any of the following 
reasons: 
 
(i) the requirement is for a work of art; 
 
(ii) the protection of patents, copyrights or other exclusive rights;  or  
 
(iii) due to an absence of competition for technical reasons; 
 
 (c) for additional deliveries by the original supplier of goods and services that were not 
included in the initial procurement where: 
 
(i) a change of supplier for such additional goods and services can not be made 
for economic or technical reasons such as requirements of interchangeability 
or interoperability with existing equipmen t, software, services, or installations 
procured under the initial procurement;  and 
 
(ii) such separation would cause si gnificant inconvenience or substantial 
duplication of costs to the procuring entity; 
 
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about 
by events unforeseeable by the procuring en tity, the goods or services could not be 
obtained in time using open tendering or selective tendering; 
 
(e) for goods purchased on a commodity market; 
 
(f) where a procuring entity procures a prototype or a first good or service that is 
developed at its request in the course of, a nd 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 GPA/W/297 
Page 20  
 
field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality st andards, but does not include quantity 
production, or supply to establish commercia l viability, or to recover research and 
development costs; 
 
(g) for purchases made under exceptionally advant ageous conditions that only arise in the 
very short term in the case of unusual dis posals such as those arising from liquidation, 
receivership, or bankruptcy, but  not for routine purchases from regular suppliers;  and 
 
(h) where a contract is 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, in particular relating to 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. 
 2. A procuring entity shall prepare a repor t in writing on each contract awarded under 
paragraph 1.  Each such report shall include the na me of the procuring entity, the value and kind of 
goods or services procured, and a statement indicati ng the circumstances and conditions described in 
paragraph 1 that justified the use of limited tendering. 
 
Article XIV Electronic Auctions  
 
 Where a procuring entity intends to conduct a covered procurement using an electronic 
auction, the entity shall provide each participant,  before commencing the electronic auction, with: 
 
(a) the automatic evaluation method, including the mathematical formula, that is based on 
the evaluation criteria set out in the tender documentation and that will be used in the 
automatic ranking or re-ranking during the auction; 
 
(b) the results of any initial evaluation of the elements of its tender where the contract is 
to be awarded on the basis of the most advantageous tender;  and 
 
(c) any other relevant information rela ting to the conduct of the auction. 
 Article XV Treatment of Tenders and Contract Awards 
 
Treatment of Tenders  
 
1. A procuring entity shall receive, open, and treat all tenders under procedures that guarantee 
the fairness and impartiality of the procuremen t process, and the confidentiality of tenders. 
 
2. A procuring entity shall not penalize any su pplier whose tender is received after the time 
specified for receiving tenders if the delay is due so lely to mishandling on th e part of the procuring 
entity.  
3. When a procuring entity provides suppliers w ith opportunities to correct unintentional errors 
of form between the opening of tenders and the awar ding of the contract, the procuring entity shall 
provide the same opportunities to  all participating suppliers. 
  GPA/W/297 
 Page 21 
 
 
Awarding of Contracts 
 
4. To be considered for award, a tender must be in writing and must, at the time of opening, 
comply with the essential requirements of th e notices and tender documentation and be from a 
supplier that satisfies the c onditions for participation. 
 
5. Unless a procuring entity determines that it is no t in the public interest to award a contract, 
it shall award the contract to the supplier that th e entity has determined to  be fully capable of 
undertaking the contract and, based solely on the evaluation criteria specified in the notices and tender 
documentation, has submitted: 
 
 (a) the most advantageous tender;  or   (b) where price is the sole criterion, the lowest price.  
6. 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 supplier that it can comply with the 
conditions of participation and is capable  of fulfilling the terms of the contract. 
7. A procuring entity shall not use option clause s, cancel a procurement, or modify awarded 
contracts in a manner that circumvents the obligations of this Agreement. 
 Article XVI Transparency of Procurement Information  
 
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform partic ipating suppliers of the entity's contract award 
decisions and, on request, in writing.  Subject to Article XVII, a procuring entity shall, on request, 
provide an unsuccessful supplier with an explanation of the reasons that the entity did not select its 
tender and the relative advantages of  the successful supplier's tender. 
 
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 the a ppropriate paper or electronic medium listed in 
Appendix III.  Where only an electronic medium is used, the information shall remain readily 
accessible for a reasonable period of time.  The notice shall include at least the following information: 
 
(a) a description of the goods or services procured; 
 
(b) the name and address of the procuring entity; 
 
(c) the name and address of the successful supplier; 
 
(d) the value of the successful tender or the highest and lowest offers taken into account 
in the award of the contract; 
 
(e) the date of award;  and 
 
(f) the type of procurement method used, and in cases where limited tendering was used 
pursuant to Article XIII, a description of the circumstances justifying the use of 
limited tendering. 
 GPA/W/297 
Page 22  
 
Maintenance of Documentation, Re ports, and Electronic Traceability  
 
3. Each procuring entity shall, for a period of at least three years from the award of the contract maintain:  
 (a) documentation and reports of tendering procedures and c ontract awards relating to 
covered procurement, including the re ports required under Article XIII;  and 
  (b) data that ensure the appropriate traceab ility of the conduct of covered procurement by 
electronic means. 
 
Collection and Report of Statistics  
 
4. Each Party shall collect and report to the Co mmittee statistics on its contracts covered by this 
Agreement.  Each report shall cover one year and be submitted within two years of the end of the 
reporting period, and shall contain: 
 
(a) for Annex 1 procuring entities: 
 
(i) the number and total value, for all such entities, of contracts covered by this 
Agreement; 
 
(ii) the number and total value of all contracts covered by this Agreement 
awarded by such entities, broken down by categories of goods and services according to an internationally recogni zed uniform classification system;  and  
 
(iii) the number and total value of contr acts covered by this Agreement awarded 
by each such entity under limited tendering; 
 
(b) for Annex 2 and 3 procuring entities, the number and total value of contracts covered 
by this Agreement awarded by all such  entities, broken down by Annex;  and 
 
(c) estimates for the information required unde r subparagraphs (a) and (b), with an 
explanation of the methodology used to develop the estimates, where it is not feasible to provide the data. 
 5. Where a Party publishes its statistics on an  official website, the Party may substitute a 
notification of the website address for the submis sion of the data under pa ragraph 4, with any 
instructions necessary to access and use such stat istics, in accordance with the requirements of 
paragraph 4 . 
 
 6. Where a Party requires notices concerning awarde d contracts, pursuant to paragraph 2, to be 
published electronically and where such notices are accessible to the public through a single database 
in a form permitting analysis of the covered contr acts, the Party may substitute a notification of the 
website address for the submission of the data under paragraph 4, with any instructions necessary to 
access and use such data.  
Article XVII Disclosure of Information  
 
Provision of Information to Parties  
 
1. On request of any other Party, a Party sha ll provide promptly any information necessary to 
determine whether a procurement was conducted fa irly, impartially and in accordance with this 
Agreement, including information on the charact eristics and relative advantages of the successful  GPA/W/297 
 Page 23 
 
 
tender.  In cases where release of the information w ould prejudice competition in future tenders, the 
Party that receives that information shall not disclo se it to any supplier, except after consultation with, 
and agreement of, the Party that provided the information.  
 
Non-Disclosure of Information 
 
2. Notwithstanding any other provision of this Agreement, a Party, including its procuring 
entities, may not provide information to a particul ar supplier that might prejudice fair competition 
between suppliers.  
3. Nothing in this Agreement shall be construe d to require a Party, including its procuring 
entities, authorities, and review bodies, to releas e confidential 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 of particular persons, including 
the protection of intellectual property;  or 
 
(d) would otherwise be contrary to the public interest. 
 
Article XVIII Domestic Review Procedures for Supplier Challenges  
 
1. Each Party shall provide a timely, eff ective, transparent, and non-discriminatory 
administrative or judicial review procedure through which a supplier may
 challenge: 
  (a) a breach of the Agreement;  or   (b) where the supplier does not have a right to challenge directly a breach of the 
Agreement under the domestic law of a Part y, a failure to comply with a Party's 
measures implementing this Agreement, 
 arising in the context of a covered procurement, in which it has, or has had, an interest.  The 
procedural rules for all  challenges shall be in writing and made generally available. 
 
2. In the event of a complaint  by a supplier, arising in the c ontext of covered procurement in 
which the supplier has, or has had, an interest, th at there has been a breach  of this Agreement or, 
where the supplier does not have a right to challe nge directly a breach of this Agreement under the
 
domestic law of a Party, a failure to comply with a Party's measures implementing this Agreement, 
each Party shall encourage the procuring entity a nd supplier to seek resolution of the complaint 
through consultations.  The procur ing 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 or right to seek corrective measures  under the administrative or judicial review 
procedure.  3. Each supplier shall be allowed a sufficient pe riod 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 challenge became 
known or reasonably should have become known to the supplier.   
 4. Each Party shall establish or designate at le ast one impartial administrative or judicial 
authority that is independent  of its procuring entities to receive and review a challenge
 by a supplier 
arising in the context of a covered procurement. GPA/W/297 
Page 24  
 
 5. Where a body other than an authority referred to in paragraph 4 initially reviews a challenge, 
the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or 
judicial authority that is independent of the proc uring entity whose procurement is the subject of the 
challenge. 
 
6. A review body that is not a court shall either be  subject to judicial review or have procedures 
that provide that:  
(a) the procuring entity shall respond in writing to the challenge  and disclose all relevant 
documents to the review body; 
 
(b) the participants to the proceedings ("par ticipants") shall have the right to be heard 
prior to a decision of the review body being made on the challenge; 
 
(c) the participants shall have the ri ght to be represented and accompanied; 
 
(d) the participants shall have access to all proceedings; 
 
(e) the participants shall, have the right to  request that the proceedings take place in 
public and that witnesses may be presented;  and 
 
(f) decisions or recommendations relating to s upplier challenges shall be provided, in a 
timely fashion, in writing, with an expl anation of the basis for each decision or 
recommendation. 
 
7. Each Party shall adopt or maintain procedures that provide for: 
 
(a) rapid interim measures to preserve the s upplier's opportunity to participate in the 
procurement.  Such interim measures may result in suspension of the procurement 
process.  The procedures may provide that  overriding adverse consequences for the 
interests concerned, including the public in terest, may be taken into account when 
deciding whether such measures should be app lied.  Just cause for not acting shall be 
provided in writing;  and  
 
(b) where a review body has determined that there has been a breach of this Agreement 
or, where the supplier does not have a right to challenge directly a breach of this 
Agreement under the domestic law of a Party,  a failure by a procuring entity to 
comply with a Party's measures implementing this Agreement, corrective action or compensation for the loss or damages suffere d, which may be limited to either the 
costs for the preparation of the tender or th e costs relating to the challenge, or both. 
 
Article XIX Modifications and Rectifications to Coverage 
 
Notification of Proposed Modification 
 
1. A Party shall notify the Committee of any propo sed rectification, transfer of an entity from 
one Annex to another, withdrawal of an entity, or  other modification (referred to generally in this 
Article as "modification") of Appendix I.  The Pa rty proposing the modification ("modifying Party") 
shall include in the notification:  
(a) for any proposed withdrawal
 of an entity from Appendix I in exercise of its rights on 
the grounds that government control or  influence over the entity's covered 
procurement has been effectively eliminat ed, evidence of such elimination;  or   GPA/W/297 
 Page 25 
 
 
 
(b) for any other proposed modification, info rmation as to the likely consequences of the 
change for the mutually agreed cove rage provided in this Agreement. 
 
Objection to Notification 
 
2. Any Party whose rights under this Agreement may be affected by a proposed modification notified under paragraph 1 may notify the Committee of  any objection to the proposed modification.  
Such objections shall be made within 45 days from th e date of the circulation to the Parties of the 
notification, and shall set out reasons for the objection. 
 
Consultations  
 
3. The modifying Party and any Party making an objection ("objecting Party") shall make every attempt to resolve the objection through consultatio ns.  In such consultations, the modifying and 
objecting Parties shall consider the proposed modification: 
  (a) in the case of a notification under paragr aph 1(a), in accordance with any indicative 
criteria adopted pursuant to paragraph 8 indicating the effective elimination of 
government control or influence over an  entity's covered procurement;  and 
 
 (b) in the case of a notification under para graph 1(b), in accordance with any criteria 
adopted pursuant to paragraph 8 relating to the level of compensatory adjustments to 
be offered for modifications, with a view  to maintaining a balance of rights and 
obligations and a comparable level of mutu ally agreed coverage provided in this 
Agreement. 
 
Revised Modification 
 
4. Where the modifying Party and any obj ecting Party resolve the objection through 
consultations, and the modifying Party revises its  proposed modification as a result of those 
consultations, the modifying Part y shall notify the Committee in acco rdance with paragraph 1, and 
any such revised modification shall only be effec tive after fulfilling the requirements of this Article. 
 
Implementation of Modifications 
 
5. A proposed modification shall become effective only where: 
 
(a) no Party submits to the Committee a wr itten objection to the proposed modification 
within 45 days from the date of circulation of the notification of the proposed modification under paragraph 1; 
 
(b) all objecting Parties have notified the Co mmittee that they withdraw their objections 
to the proposed modification;  or 
 
(c) 150 days from the date of circulation of the notification of the proposed modification 
under paragraph 1 have elapsed, and th e modifying Party has informed the 
Committee of its intention to implement the modification. 
 
Withdrawal of Substantially Equivalent Coverage 
 
6. Where a modification becomes effective pursu ant to paragraph 5(c), any objecting Party may 
withdraw substantially equivalent  coverage.  Notwithstanding Article V:1(b), a withdrawal pursuant 
to this paragraph may be implemen ted solely with respect to the modifying Party.  Any objecting GPA/W/297 
Page 26  
 
Party shall inform the Committee of any such wit hdrawal at least 30 days before the withdrawal 
becomes effective.  A withdrawal pursuant to this  paragraph shall be cons istent with any criteria 
relating to the level of compensatory adjustment adopted by the Committee pursuant to paragraph 8. 
 
Arbitration Procedures to Facilita te Resolution of Objections 
 7. Where the Committee has adopted arbitrati on procedures to facilitate the resolution of 
objections pursuant to paragraph 8, a modifying or any objecting Party may invoke the arbitration 
procedures within 120 days of circulation of the notification of the proposed modification. 
 
 (a) Where no Party has invoked the arbitration procedures within the time-period: 
(i) notwithstanding paragraph 5(c), the proposed modification shall become 
effective where 130 days from the date of  circulation of the notification of the 
proposed modification under paragraph 1 have elapsed, and the modifying 
Party has informed the Committee of its intention to implement the modification;  and 
 (ii) no objecting Party may withdraw  coverage pursuant to paragraph 6. 
 (b) Where a modifying Party or objecting Party has invoked the arbitration procedures: 
(i) notwithstanding paragraph 5(c), the proposed modification shall not become 
effective before the completion of the arbitration procedures; 
(ii) any objecting Party that intends to enforce a right to compensation, or to 
withdraw substantially equivalent cove rage pursuant to paragraph 6, shall 
participate in the arbitration proceedings; 
(iii) a modifying Party should comply with the results of the arbitration  
procedures in making any modification e ffective pursuant to paragraph 5(c);  
and 
(iv) where a modifying Party does not comp ly with the results of the arbitration 
procedures in making any modification e ffective pursuant to paragraph 5(c), 
any objecting Party may withdraw substa ntially equivalent coverage pursuant 
to paragraph 6, provided that any such  withdrawal is consistent with the 
result of the arbitration procedures. 
Committee Responsibilities 
 
8. The Committee shall adopt:  
 
 (a) arbitration procedures to facilitate re solution of objections  under paragraph 2: 
 
(b) indicative criteria that demonstrate the e ffective elimination of government control or 
influence over an entity's covered procurement;  and 
 
(c) criteria that indicate how to determine the level of compensatory adjustment to be 
offered for modifications made pursuant  to paragraph 1(b)  and substantially 
equivalent coverage  under paragraph 6. 
  GPA/W/297 
 Page 27 
 
 
Article XX Consultations and Dispute Settlement  
 
1. Each Party shall accord sympathetic consider ation to, and shall affo rd adequate opportunity 
for, consultation regarding such representations as may be made by another Party with respect to any 
matter affecting the operation of this Agreement. 
 
2. Where any Party considers that any benefit accr uing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that th e attainment of any objective of this Agreement is 
being impeded as the result of:   
(a) the failure of another Party or Parti es to carry out its obligations under this 
Agreement;  or 
 
(b) the application by another Party or Parti es of any measure, whether or not it conflicts 
with the provisions of this Agreement, 
 
it may with a view to reaching a mutually satisfact ory solution to the matter, have recourse to the 
provisions of the Understanding on Rules and Pro cedures Governing the Settlement of Disputes 
(hereinafter referred to as "the Dispute Settlement Understanding"). 
 3. The Dispute Settlement Understanding applies to  consultations and the settlement of disputes 
under this Agreement, with the exception that, no twithstanding paragraph 3 of Article 22 of the 
Dispute Settlement Understanding, any dispute arisi ng 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 Agreemen t, and any dispute arising under this Agreement 
shall not result in the suspension of concessions or  other obligations under an y other Agreement listed 
in Appendix 1 of the Disput e Settlement Understanding. 
 
Article XXI Institutions  
 
Committee on Government Procurement  
 1. A Committee on Government Procurement com posed of representatives from each of the 
Parties shall be established.  This Committee sh all elect its own Chairman and shall meet as 
necessary, but not less than once a year, for the purpo se of affording Parties the opportunity to consult 
on any matters relating to the operation of this Agre ement or the furtherance of its objectives, and to 
carry out such other responsibilities as may be assigned to it by the Parties. 
 
2. The Committee may establish working parties or other subsidiary bodies that shall carry out such functions as may be give n to them by the Committee. 
 3. The Committee shall annually:  
 (a) review the implementation and operation of this Agreement;  and 
 
(b) inform the General Council of the WTO of developments relating to the 
implementation and operati on of this Agreement. 
 
Observers  
 
4. 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. GPA/W/297 
Page 28  
 
 
Article XXII Final Provisions  
 
Acceptance and Entry into Force  
 1. This Agreement shall enter into force on [ ] for those WTO Members whose agreed coverage 
is set out in Annexes 1 through 6 of Appendix I, a nd that have, by signature, accepted this Agreement 
on [ ], or have, by or on that date, signed this Ag reement subject to ratification and have subsequently 
ratified this Agreement before [ ].  Transitional Arrangements  
 
2. Between the Parties to this Agreement that are also Parties to the Agreement on Government 
Procurement dated 15 April 1994 ("1994 Agreemen t"), the 1994 Agreement shall cease to apply on 
the date of entry into force of this Agreemen t for those Parties.  When all Parties to the 
1994 Agreement have accepted this Agreement,  the 1994 Agreement shall be terminated.
3 
 3. The provisions of Articles XVIII and XX of  this Agreement sha ll apply to covered 
procurement that has commenced after th e entry into force of this Agreement.
4  
 
Provisional Application 
 
4. A Party to the 1994 Agreement may, notwithstanding its commitments in the 1994 Agreement, maintain or adopt any measure that is consistent with the provisions of this Agreement.
5 
 
Accession  
 
5. Any Member of the WTO may accede to this Ag reement 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 Agreemen t shall enter into force 
for an acceding Member on the 30
th day following the deposit of its instrument of accession the date 
of its accession to this Agreement.6 
 
Reservations  
 
6. No Party may enter any reservation in respect of any provisions of this Agreement.  National Legislation  
 
7. Each Party shall ensure, not later than the date  of entry into force of this Agreement for it, 
the conformity of its laws, regula tions and administrative procedures, and the rules, procedures, and 
practices applied by its procuring entities, with the provisions of this Agreement.  
 
8. Each Party shall inform the Committee of any ch anges in its laws and re gulations relevant to 
this Agreement and in the administra tion of such laws and regulations. 
 9. The Parties shall seek to avoid introduci ng or continuing discriminatory measures and 
practices that distort open procurement. 
 
                                                     
 
3 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph. 
4 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph. 
5 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph. 
6 Negotiators' Note: The Parties are still considering this paragraph.  GPA/W/297 
 Page 29 
 
 
Future Work  
 
10. Not later than the end of [...] from the date  of entry into force of this Agreement, and 
periodically thereafter, the Parties thereto sha ll undertake further negotiations, with a view to 
improving the Agreement and achieving the greatest possible extension of its coverage among all 
Parties, taking into consideration the needs of developing countries.7  
 11. The Parties shall, in the context of the ne gotiations referred to in  paragraph 10, seek to 
eliminate discriminatory measures which remain on th e date of entry into force of this Agreement.
8  
 
12. Following the conclusion of the work programme  for the harmonization of rules of origin for 
goods being undertaken under the Agreement on Rul es of Origin in Annex 1A of the Agreement 
Establishing the World Trade Organization and nego tiations regarding trade in services, the Parties 
shall take the results of that work programme and those negotiations into account in amending 
Article V:5, as appropriate.  
 
13. Not later than the end of the third year from th e date of entry into force of this Agreement, 
the Committee shall undertake further work to consider the advantages and disadvantages of 
developing common nomenclature for goods  and services and standardized notices 
 
14.  Beginning two years after entry into force of  this Agreement, the Committee shall regularly 
assess the effective use of Articles XVI:4 and 5. 
 15. Not later than the end of the fifth year from th e date of entry into force of this Agreement, the 
Committee shall examine the applicability of Article XX:2(b).
 
 Amendments  
 
16. The Parties may amend th is Agreement having regard, inter alia , to the experience gained in 
its implementation.  Such an amendment, once th e Parties have concurred in accordance with the 
procedures established by the Committee, shall take effect for the Parties that have accepted them upon acceptance by [  ] of the Parties and thereaf ter for each other Party upon acceptance by it.
 9 
 
17. Amendments to provisions of this Agreemen t of a nature that would alter the rights and 
obligations of the Parties, shall take effect fo r the Parties that have accepted them upon acceptance by 
[   ] of the Parties and thereafter for each ot her Party upon acceptance by it.  The Committee may 
decide by a [... ] majority of the Parties that an y amendment made effectiv e under paragraph 16 is of 
such a nature that any Party which has not accep ted it within a specified period shall be free to 
withdraw from this Agreement or to rema in with the consent of the Committee. 10 
 18. Amendments to provisions of this Agreement of a nature that would not alter the rights and 
obligations of the Parties shall take effect for all Parties upon acceptance by [...] of the Parties. 
11 
 
                                                      
7 Negotiators' Note: The Parties shall review the c ontent of this paragraph before the end of the 
negotiations. 
8 Negotiators' Note: The Parties shall review the c ontent of this paragraph before the end of the 
negotiations. 
9 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph. 
10 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph. 
11 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph. GPA/W/297 
Page 30  
 
Withdrawal 
 
19. Any Party may withdraw from this Agreement.   The withdrawal shall take effect upon the 
expiration of 60 days from the date the Director-G eneral of the WTO receives written notice of the 
withdrawal.  Any Party may upon such notification request an immediate meeting of the Committee. 
 
20. Where 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 on which the Party ceases to be a Member of 
the WTO.  Non-application of this Agreemen t between Particular Parties 
 
21. This Agreement shall not apply as between any two Parties where either Party, at the time it 
accepts or accedes to this Agreement, do es not consent to such application. 
 Appendices  
22. The Appendices to this Agreement c onstitute an integral part thereof. 
 
Secretariat 
 23. This Agreement shall be serviced by the WTO Secretariat. 
 
Deposit 
 
24. 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 Article XIX and of each amendment thereto pursuant to paragraph 16, and a notification of each accession  thereto pursuant to paragraph 5 and of each 
withdrawal therefrom pursuant to paragraph 19. 
 
Registration 
 
25. This Agreement shall be registered in acco rdance with the provisions of Article 102 of the 
Charter of the United Nations.  Done at [ ] this [ ] day of [ ] in a single copy in th e English, French and Spanish languages, each text 
being authentic, except as otherwise specif ied with respect to the Appendices hereto.  GPA/W/297 
 Page 31 
 
 
 
[(DRAFT DECISION)] 
 
Arrangement for the period of co-exist ence of the 1994 Agreement on Government  
Procurement and the [2007] Agreem ent on Government Procurement12 
 
 
 The Committee on Government Procurement,   Noting that not all Parties to the Agreement on Government Procurement dated 15 April 1994 
(hereinafter referred to as the "1994 Agreemen t") may become a Party to the Agreement on 
Government Procurement done on [… 2007] (hereinafter referred to as the "2007 Agreement") as of its 
date of entry into force,   Considering  that, during the period of co-existence of the 1994 Agreement and the 2007 
Agreement, a Party to the 1994 Agreement whic h has become a Party to the 2007 Agreement 
should have the right to act in accordance with the provisions of the 2007 Agreement 
notwithstanding any inconsistency with the provisions of the 1994 Agreement, vis-à-vis Parties to the 1994 Agreement that ar e not Parties to the 2007 Agreement, 
 
 Considering moreover  that, during that period of co-existence, a Party to the 1994 
Agreement which has become a Party to the 2007 Agreement should not be under a legal 
obligation to extend the benefits accorded solely under the 2007 Agreement to the Parties of the 
1994 Agreement which have not yet become Parties to the 2 007 Agreement. 
Decides  as follows: 
 1. A Party to the 1994 Agreement that is a Party to the 2007 Agreement may maintain or adopt 
any measure consistent with the provisions of the 2007 Agreement, notwithstanding the provisions 
of the 1994 Agreement, vis-à-vi s a Party to the 1994 Agreement that is not a Party to the 2007 
Agreement until the entry into force fo r that Party to th e 2007 Agreement. 
 2. A Party to the 1994 Agreement that is a Party to the 2007 Agreement is not under any obligation to accord to goods, services and supp liers of any other Party to the 1994 Agreement 
that has not yet become a Party to the 2007 Agreem ent the benefits accorded solely as a result of 
the commitments or other obligations assumed under the 2007 Agreement.  3. The provisions of Articles XX and XXII of the 1994 Agreement shall not apply in respect 
of measures referred to in paragraph 1. 
 
4. This Decision shall enter into force on the da te of entry into force of the 2007 Agreement. 
 
                                                     
 
12 Negotiators' Note: The Parties are still consideri ng the content of this Decision. Some Parties 
question the need for this Decision. GPA/W/297 
Page 32  
 
PROPOSED DECISION OF THE COMMITTEE ON  
GOVERNMENT PROCUREMENT 
 
Decision of [day/month/year
] 
 
 
_______________ 
 
  The Committee on Government Procurement, 
 
Noting that the Parties to the GPA have comple ted negotiations on [the non-market-access-
related provisions of] a new Government Procurem ent Agreement (hereinafter referred to as the 
"2007 Agreement"); 
 
Desiring  to ensure the effective operation of Artic le XIX:1(a) of the 2007 Agreement where a 
Party proposes the withdrawal of an entity from Appe ndix I in exercise of its rights, and to enhance 
the predictability of the Agreement;   Noting  that Article XIX:8 of the 2007 Agreem ent requires that the Committee develop 
arbitration procedures to facilitate resolution of objections, indicative criteria that demonstrate the 
effective elimination of government control or in fluence over an entity's covered procurement, and 
criteria that indicate how to determine the level of compensatory adjustment to be offered for 
modifications of coverage under Ar ticle XIX of the 2007 Agreement; 
 
Recognizing  the extensive work already undertaken by the Committee on the development of 
arbitration procedures to facilitate resolution of objections and indicative criteria, but also  that further 
work is needed,   Decides  as follows:  
 
 The Committee shall:  
(1) complete the development of arbitration procedures and indicative criteria, with the 
aim of adopting them by the entry into force of the 2007 Agreement;  and 
 
(2) develop criteria that indicate how to determine the level of compensatory adjustment 
to be offered for modifications of coverage under Article XIX of the 2007 
Agreement, with the aim of adopting the crite ria within 18 months of entry into force 
of the 2007 Agreement. 
  The arbitration procedures shall not become effective until the adoption of the indicative 
criteria. 
 
__________