RESTRICTED  WORLD TRADE  
ORGANIZATION  S/WPGR/W/49/Add.1 
28 September 2009 
 
 
(09-4536)  
Working Party on GATS Rules   
 
 
 
GOVERNMENT PROCUREMENT RELATED PROVISIONS IN ECONOMIC 
INTEGRATION AGREEMENTS 
 
Note by the Secretariat1 
 
Addendum  
  
I. INTRODUCTION 
1. At its meeting on 2 December 2008, the Secretariat was requested to provide an update of its 
note S/WPGR/W/49 (Government Procurement-Re lated Provisions in Economic Integration 
Agreements). 
2. In keeping with the methodology used in S/ WPGR/W/49, this Note focuses on the main 
government procurement-related pr ovisions found in economic integr ation agreements (EIAs) but 
does not assess their scope and coverage, i.e., how gove rnment procurement is defined, what are the 
exceptions or exclusions, or what sectors, threshol ds, levels of government or entities are covered. It 
should be noted that this Note does not seek to capture all differences and similarities between the 
WTO Government Procurement Agreement (GPA) a nd government procurement provisions in EIAs.  
Rather it is aimed at capturing the main approaches,  with a view to facilitating further analysis and 
discussion.  Further, this Note only looks at procurement-related provi sions and does not cover 
provisions of a horizontal nature that may be fou nd in other sections, but that can nonetheless be of 
relevance for government procurement (e.g., horiz ontal transparency disciplines including those 
governing the publication of laws and regulations).    
3. To avoid duplication, this present Note do es not include descriptions of provisions in 
agreements previously reviewed in S/WPGR/W/44 and S/WPGR/W/49.  Only agreements that have 
been notified after 31 August 2004 up to 31 July 2009  have been included in this update.  The list of 
agreements notified within this peri od is contained in Annex 1.  For the reasons explained in Part II of 
this Note, the observations on proc urement-related provisions are based on a subset of ten agreements 
as listed in Table 1.   
4. The text of all relevant provisions have not b een reproduced, since this would have led to an 
unwieldy document.  Moreover, the full text of the se agreements can already be found in official 
WTO documents (see listing in Annex 1 and Table 1)  and also on the Regional Trade Agreements 
Database on the WTO website.
2  Rather, for each of the topics reviewed, the Note reproduces the 
relevant provisions so as to illustrate simila rities and differences by way of example.  
5. This Note does not, of course, preclude discussion of any other issue which Members may 
regard as important.  Nor does it in any way prejudge  the position of any delegation in respect of the 
GATS Article XIII negotiations on government procurement.  
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and without prejudice to 
the positions of Members and to their rights and obligations under the WTO.  
2 The database can be found at http://rta is.wto.org/UI/PublicMaintainRTAHome.aspx S/WPGR/W/49/Add.1 
Page 2  
 
  II. MAIN OBSERVATIONS  
6. In the period between 31 August 2004 and 31 July 2009, 33 EIAs were notified to the WTO.  
Of these agreements, 11 did not contain any provisi ons on government procurement (see Annex 1).  
While in another five agreements, the govern ment procurement-related provisions essentially 
consisted of calls for future ne gotiations, cooperation in the excha nge of information and technical 
capacity building or consultations (i.e., Japan -Thailand, EFTA-Korea, Thailand-New Zealand, 
Thailand-Australia, EFTA-Chile). 
7. Of the 17 agreements containing substantive pr ovisions on government procurement, four 
included chapters that were either identical or generally similar to the non-discrimination obligation 
and procedural rules of the GPA (i.e., Chile-Japan , Trans-Pacific Strategic Economic Partnership, 
Korea-Singapore and Japan-Mexico).  The agreement between Panama and Costa Rica, replicates the 
non-discrimination provision of the GPA but contai ns no other procedural rules apart from less 
detailed obligations on technical specifications a nd challenge procedures.  The agreement between 
Iceland and Faroe Islands is unique in that it pr ohibits all discrimination on government procurement 
but this is most likely due to the single market established between the Parties.  
8. Therefore, to avoid repeating the type of information provided in S/WPGR/W/49, only 
provisions that were found to  be either more detailed or significan tly different from those contained in 
the GPA have been reviewed in Part III of this No te.  These include the 10 agreements  as listed in 
Table 1 below.  It should be noted that background  descriptions of the provisions contained in the 
GPA and the various approaches used in EIAs are already contained in Secretariat Notes S/WPGR/W/44 and S/WPG/W/49 and have therefore not been repeated.  These documents should be 
consulted for any additional background informa tion.  Members may also wish to consult 
S/WPGR/W/51 for a description of the main approa ches used in EIAs to undertake commitments.  
Table 1:  Agreements and provisions reviewed in Part III 
 
RTA  
Date of entry into force  
Date of notification  
Document reference 
Peru-Singapore 01-Aug-09 03-Aug-09 S/C/N/502 
Canada-Peru 01-Aug-09 4-Aug-09 S/C/N/508 
Australia-Chile 06-Mar-09 5-Mar-09 S/C/N/484 
US-Peru 01-Feb-09 4-Feb-09 S/C/N/473 
US-Oman 01-Jan-09 2-Feb-09 S/C/N/472 
EC - CARIFORUM States EPA 01-Nov-08 24-Oct-08 S/C/N/469/Rev.1 
US-Bahrain 01-Aug-06 15-Sept-06 S/C/N/375 
Dominican Republic - Central 
America - United States Free 
Trade Agreement (CAFTA-DR) 01-Mar-06 6-Mar-07 S/C/N/391 
US-Morocco 01-Jan-06 16-Jan-06 S/C/N/362 
US-Australia 01-Jan-05 23-Dec-04 S/C/N/310 
  S/WPGR/W/49/Add.1 
 Page 3 
 
 
  9. As was noted in S/WPGR/W/49, most agreements contain obligations on non-discriminatory 
treatment, as well as accompanying provisions on valuation of contracts (e.g., key principles to be followed for determining the value of contracts), technical specifications (e.g., to avoid unnecessary 
obstacles to trade), procurement methods (e.g., to sp ecify permissible methods and, more specifically, 
the conditions under which procedures other than open tendering can be used), qualification of 
suppliers (e.g., focus on criteria essential to ensu re fulfilment of the contract), invitations to 
participate (e.g., requirements relating to the publi cation of a tender notice), time limits (e.g., 
minimum periods of time for allowing suppliers to  prepare and submit tende rs), tender documentation 
(e.g., requirements relating to the type of informa tion contained in tender documentation provided to 
suppliers), award of contracts (e.g., rules regard ing award criteria and information of results), 
provision of information (e.g., requirement to publis h laws, regulations, deci sions, rulings and other 
procedures relating to government procurement), a nd challenge procedures (e.g., requirement to allow 
suppliers recourse to an impartial body to review complaints).   
10. While there are many similarities across agreements , differences exist in terms of the types of 
provisions included, as well as their level of deta il and comprehensiveness.  In general, as was 
observed in S/WPGR/W/49, the reviewed EIAs have  tended to model their provisions on either the 
GPA or on provisions that are typically found in agreements involving the US, which are in turn based on NAFTA.
3  In some cases, elements from both appr oaches appear to have been combined.  
Overall, whichever approach is taken, the tendency has been to simplify provisions in terms of their 
specific requirements.   
11. The agreements involving the United States (U S), which are the majority of the EIAs 
reviewed in this Note, tend to ha ve detailed and comprehensive rules that are equivalent to – and in 
some cases – go beyond those contained in the GPA.   There are, however, differences between the 
various US agreements, with US-Aus tralia often providing the most extensive and detailed set of rules 
overall.  Other agreements like, Australia-Ch ile, Canada-Peru and Peru -Singapore also have 
comprehensive rules, though with some degree of va riation across the three agreements.  Again, the 
agreement involving Australia was the most comprehensive.4  The EC-CARIFORUM States 
Economic Partnership Agreement ( EPA) is modelled closer to the GPA, though in general the 
provisions provide for less extens ive and detailed obligations.   
12. Having said the above, it needs to be emphasized that no direct link necessarily exists 
between the degree of comprehensiveness of the provi sions reviewed and the level of liberalization 
achieved or of the scope of entities and service sectors covered, as these are typically contained in 
country-specific Annexes of the various agreements.   
13. It should be noted that GPA Members have been engaged in a process of review of the 
existing provisions of the Agreement.5  All references/comparisons in the text to the WTO Agreement 
on Government Procurement (GPA ) are based on the existing (1994)  Agreement.  It should, 
nonetheless, be noted that, in December 2006, a "provi sionally-agreed revised text of the Agreement" 
was agreed to by the Parties (see document GPA/W/ 297 of 11 December 2006).  This revised text has 
not yet come into force and, according to the und erstanding reached at the time, is subject to a 
mutually satisfactory outcome in related coverage negotiations that are ongoing.  It is, nonetheless, of 
                                                      
3 In S/WPGR/W/49, NAFTA and NAFTA-type provisions on government procurement are described.   
In subsequent agreements involving the US, such provisions have often been further simplified whilst retaining 
the comprehensive nature of the substantive rules.  
4 Many provisions are similar to those contained in US-Australia. 
5 At time of writing, the review process of the GPA has been completed but the results have not entered 
into force.  S/WPGR/W/49/Add.1 
Page 4  
 
  interest to note that, in some instances, the provi sions of some of the regional trade agreements 
described herein appear to correspond to those of the revised GPA text.
6 
III. REVIEW OF THE RELEVANT PROVISIONS 
A. NON-DISCRIMINATION  
14. Specific provisions relating to non-discrimination are contained in all 10 agreements listed in 
Table 1 and tend to be equivalent to the GP A obligation on non-discriminatory treatment as 
reproduced below.   
GPA 
Article III : National Treatment and Non-Discrimination  
 
1. With respect to all laws, regulations, procedur es and practices regarding government procurement 
 covered by this Agreement, each Party shall provi de immediately and unconditi onally to the products, 
 services and suppliers of other Parties offering produc ts or services of the Parties, treatment no less 
 favourable than: 
 
 (a) that accorded to domestic produc ts, services and suppliers;  and 
 (b) that accorded to products, servi ces and suppliers of any other Party. 
 
2. With respect to all laws, regulations, procedur es and practices regarding government procurement 
 covered by this Agreement, each Party shall ensure: 
 
 (a) that its entities shall not treat a locally-establ ished supplier less favourably than another locally- 
  established supplier on the basis of degree of foreign affiliation or ownership;  and 
 (b) that its entities shall not discriminate against locally-established suppliers on the basis of the 
  country of production of the good or service being supplied, provided that the country of  
  production is a Party to the Agreement in accordance with the provisions of Article IV. 
 
3. The provisions of paragraphs 1 and 2 shall not a pply to customs duties and charges of any kind imposed 
 on or in connection with importation, the method of levying such duties and charges, other import 
 regulations and formalities, and measures affecting trade in servi ces other than laws, regulations, 
 procedures and practices regarding government  procurement covered by this Agreement. 
 
 
15. Significant variations from Article III of the GPA are found in only a few agreements.  The 
agreement between Australia and Chile (Article 15.4) incorporates the main elements of Article III 
of the GPA with an additional element which speci fies that the scope of non-discriminatory treatment 
covers "all orders under contracts awarded for contract procurement,  such as framework agreements 
or panel arrangements".7  
16. In EC – CARIFORUM  (Article 167, A.2) the obligation on non-discriminatory treatment 
that are couched in "best endeavour" terms (see paragr aph A.2(a) and A. 2(ii)).  Further, any national 
treatment granted is subject to a decision of the Joint CARIFORUM-EC Council which may specify 
                                                      
6 See, for instance, US-Bahrain agreement (Article 9.7) regarding multi-use lis ts (p.26 below), US-Peru 
agreement (Article 9.5) regarding commercial goods and services and reduced ti me-periods under certain 
circumstances when using elect ronic means (para 43 below). 
7 In paragraph 3 of Article 15.4 of the Australia-C hile agreement it is provided that, "3. For greater 
clarity, all orders under contracts awarded for covered procurement, such as framework agreements or panel 
arrangements shall be subjec t to paragraphs 1 and 2".  S/WPGR/W/49/Add.1 
 Page 5 
 
 
  the procurements to which non-discriminatory tr eatment would apply, as well as the relevant 
conditions.   
EC- CARIFORUM 
Article 167  
 
A.  Supporting the creation of regional procurement markets 
 
[...] 
 
2.(a) With respect to any measure regarding cove red procurement, each Signa tory CARIFORUM State, 
 including its procuring entities, shall endeavour not to treat a supplier estab lished in any CARIFORUM 
 State less favourably than another locally established supplier. 
 
(b) With respect to any measure regarding covered procurement, the EC Party and the Signatory 
 CARIFORUM States, including  their procuring entities: 
 
(i) shall endeavour not to discriminate against a supplier established in either Party on the basis 
  that the goods or services offered by that supplier for a particular procurement are goods or 
  services of either Party; 
(ii) shall not treat a locally established supplier less favourably than another locally established 
  supplier on the basis of degree of foreign affiliation to or ownership by operators or nationals 
  of any Signatory 
 
3.  Subject to paragraph A.4, each Party, including its  procuring entities, shall w ith respect to any measure 
 regarding covered procurement, accord to the goods and services of the other Party and to suppliers of the 
 other Party offering the goods or services of any Part y, treatment no less favourable than the treatment the 
 Party, including its procuring entities, acco rds to domestic goods, services and suppliers. 
 
4.  The Parties shall not be required to provide the treatment envisaged in paragraph A.3 unless a decision by 
 the Joint CARIFORUM-EC Council to this effect is taken. That decision may specify to which 
 procurements by each Party the treatment envisaged in paragraph A.3 would apply, and under which 
 conditions. 
 
 
17. In all other agreements reviewed, Parties are required to give services and suppliers of the 
other Parties treatment no less favourable than that given to their domestic services and suppliers, or 
the services and suppliers of any other Party.  Furthe r, each Party is required to ensure that its entities 
do not treat a locally-established supplier less favour ably than another locally established supplier on 
the basis of the degree of foreign affiliation or ow nership, and do not discriminate against a locally-
established supplier on the basis of the country of pr oduction of the service being supplied.  It should 
be noted that the obligation on non-discriminator y treatment for procurement relates only to the 
sectors, entities and thresholds that are typically committed in annexes.  Thus, similar or even 
identical provisions may nevertheless have different  implications depending on the extensiveness of 
the commitments taken.     
18. As observed in S/WPGR/W/49, in a number of agreements, the treatment of offsets  is found 
under the provision on non-discriminatory treatment.  These include all the agreements concluded 
by the US , as well as that between Canada and Peru (Article 1403:6).  In the agreements between  
Australia and Chile (Article 15.6),  and Peru and Singapore  (Article 9.7) provisions on offsets are 
found in a separate section.  Overall , these provisions do not tend to vary very significantly and are 
similar to Article XVI of the GPA.    
 S/WPGR/W/49/Add.1 
Page 6  
 
   
GPA 
Article XVI: Offsets  
 
1. Entities shall not, in the qualification and selecti on of suppliers, products or services, or in the 
evaluation of tenders and award of contracts, impose, seek or consider offsets.1   [...] 
__________ 
 
 1 Offsets in government procurement are measures used to en courage local development or im prove the balance-of-payments 
accounts by means of domestic content, licensing of technology, investment requirements, counte r-trade or similar requirements.  
 
 
US-Australia8 
Article 15.2: General Principles  
 
Offsets  
 
5. A procuring entity may not seek, take account of, impose or enforce offsets in the qualification and 
selection of suppliers, goods, or services, in the evaluation of tenders or in the award of contracts, before or in 
the course of a covered procurement.  
 
 
Canada-Peru 
Article 1403: General Principles  
 
Offsets  
 
6. A Party, including its procuring entities, shall not seek, take acc ount of, impose, or enforce offsets at 
any stage of a procurement covered by this Chapter. 
 
 
 
B. VALUATION OF CONTRACTS  
19. Most agreements contain provisions relating to the valuation of contracts which set out the 
key principles to be followed in determining the va lue of contracts.  These principles are similar to 
those contained in Article II of the GPA and include: an obligation to take all forms of remuneration into consideration in the valuation; an anti-avoida nce clause, providing that the valuation method shall 
not be used, nor procurement requirement be divide d into separate contracts, with the intention of 
avoiding the application of the agreement; criteria for valuation when contracts are awarded in separate parts; criteria for valuation in the case of co ntracts that do not specify a total price or in the 
case of contracts for the lease, rental or hire purch ase of services; and special valuation provisions in 
cases where an intended procurement specifies the need for option clauses.   
                                                     
 
8 The article on offsets is similar in all the ag reements involving the US that were reviewed.  S/WPGR/W/49/Add.1 
 Page 7 
 
 
   
GPA  
Article II: Valuation of Contracts  
 
1. The following provisions shall apply in determining the value of contracts 2  for purposes of 
 implementing this Agreement. 
 
2. Valuation shall take into account all forms of remuneration, including any premiums, fees, commissions 
 and interest receivable. 
 
3. The selection of the valuation method by the entity shall not be used, nor shall any procurement 
 requirement be divided, with the intention of avoiding the application of this Agreement. 
 
4. If an individual requirement for a procurement results in the award of more than one contract, or in 
 contracts being awarded in separate parts,  the basis for valuation shall be either: 
 
 (a) the actual value of similar recurring contracts concluded over the previous fiscal year or 12  
  months adjusted, where possible, for anticipated changes in quantity and value over the  
  subsequent 12 months;  or 
 (b) the estimated value  of recurring contracts in the fiscal year or 12 months subsequent to the  
  initial contract. 
 
5. In cases of contracts for the lease, rental or hire purchase of products or services, or in the case of 
 contracts which do not specify a total price, the basis for valuation shall be: 
 
 (a) in the case of fixed-term contracts, where their term is 12 months or less, the total contract value 
  for their duration, or, where their term exceeds 12 months, their total value including the  
  estimated residual value; 
 (b) in the case of contracts for an indefinite period, the monthly instalment multiplied by 48.  
 
 If there is any doubt, the second basis for valuation, namely (b), is to be used. 
 
6. In cases where an intended procur ement specifies the need for option cl auses, the basis for valuation shall 
 be the total value of the maximum permissible procurement, inclusive of optional purchases. 
 
_____________________ 
 
2 This Agreement shall apply to any procurement contract for whic h the contract value is estimate d to equal or exceed the thresh old at the time of 
publication of the notice in accordance with Article IX.  
 
 
20. In the agreement between Australia and Chile (Article 15.5), the valuation principles are 
generally equivalent to those of the GPA with th e additional requirement in Article 15.5: 3 that, 
"Where the total estimated value of a procur ement over its entire duration is not known the 
procurement shall be a covered procurement, unless otherwise excluded under this Agreement".  
21. Agreements involving the US, apart from CAFTA-DR and US-Morocco9, contain 
requirements that are similar to the GPA on the valuation of contracts with some differences relating to the treatment of contracts in  separate parts and/or to multiple  suppliers.  Unlike the GPA no 
differentiation is made between the actual or estimate d value of recurring contracts, with the valuation 
to be based on the "total maximum value of the procurement over its entire duration" (Article 15.1:7(c)).  A similar provision, which si mplifies the valuation of procurement in multiple 
parts or from one or more suppliers, is found in Canada-Peru (Article 1401).  
                                                     
 
9 In US-Morocco , the provision on valuation of contracts only replicates Article II:4 and 5 of the GPA. S/WPGR/W/49/Add.1 
Page 8  
 
   
US-Australia10 
Article 15.1: Scope and Coverage  
 
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 use a particular method for  
  estimating the value of the procurement for the purpose of avoiding the application of this 
  C h a p t e r ;   
(b) take into account all forms of remuneration, including any premiums, fees, commissions,  
  interest, other revenue streams that may be provided for under the contract and, where the 
  procurement provides for the possibility of option clauses, the total maximum value of the 
  procurement, inclusive of optional purchases; and  
(c) without prejudice to paragraph 7, where the proc urement is to be conducted in multiple parts, 
  with contracts to be awarded at the same time or over a given period to one or more suppliers, 
  base its calculation on the total maximum value of the procurement over its entire duration.  
 
7. In the case of procurement by lease or rental or procurement that does not specify a total price, the 
 basis for estimating the value of the procurement shall be, with respect to:   
 
 (a) a fixed-term contract,  
 
 (i) where the term is 12 months or less, the total estimated contract value for the  
   contract’s duration, or  
 (ii) where the term exceeds 12 months, the to tal estimated contract value, including the 
   estimated residual value, or  
 
 (b) a contract for an indefinite period, the estimated monthly instalment multiplied by 48. Where 
  there is doubt as to whether the contract is to be a fixed-term contract, a procuring entity shall 
  use the basis for estimating the value of the procurement described in this subparagraph.  
 
8. Where the total estimated maximum value of a procurement over its entire duration is not known, the 
 procurement shall be a covered procurement, unless otherwise excluded under this Agreement  
 
9.  All orders under contracts awarded for covered procurements shall be subject to Articles 15.2.1 and 
 15.2.2. 
 
 [...] 
 
                                                      
10 A similar provision is found in all the agreements involving the US, apart from CAFTA.   S/WPGR/W/49/Add.1 
 Page 9 
 
 
   
Canada-Peru 
Article 1401: Scope and Coverage  
 
Valuation 
 
5. In estimating the value of a procurement for the purpose of ascertaining whether it is a procurement 
 covered by this Chapter, 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 the application of this Chapter;  
 (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 
  (ii) where the procurement provides for the possibility of option clauses, the estimated  
   maximum total value of the procuremen t, inclusive of optional purchases; and  
 (c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at  
  the same time or over a given period to one or more suppliers, base its calculation of the total  
  maximum value of the procurement over its entire duration. 
 
 
22. Provisions in other agreements tend to be less de tailed with regard to valuation principles.  
EC-CARIFORUM replicates Article II.2 and 3 of the GPA, while the agreement between Peru and 
Singapore does not specify  criteria for the valuation of contracts in separate parts, or the treatment of 
contracts for the lease, rental or hire purchase of products or services as in Article II:4 and 5 of the GPA.  
EC-CARIFORUM States 
Article 167  
 
B. Valuation rules 
 
Procuring entities shall not choose a valuation method, or divide a procurement, with the aim of avoiding the 
application of this Chapter. Valuation shall take into account all forms of re muneration, including any 
premiums, fees, commissions, and interest. 
 
 
Peru-Singapore 
Article 9.5 : Valuation of Procurements  
 
The following provisions shall apply in determining the value of a procurement for purposes of implementing 
this Chapter: 
 
(a) valuation shall take into account all forms of remuneration, including any premiums, fees, 
  commissions and interest receivable; 
(b) the selection of a valuation method by a government body shall not be made, nor shall any 
  procurement requirement be divided, with the intention of avoiding the application of this 
  C h a p t e r ;  a n d  
(c) in cases where an intended procurement specifies the need for option clauses, the basis for 
  valuation shall be the total value of the maximum permissible procurement, inclusive of  
  optional purchases. 
 
 S/WPGR/W/49/Add.1 
Page 10  
 
  C. T
ECHNICAL SPECIFICATIONS  
23. As with the agreements reviewed in S/ WPGR/W/49, provisions on the technical 
specifications of goods and services to be procured te nd to be similar or equivalent to Article VI of 
the GPA.  These provisions typically provide that  technical specifications shall not constitute 
unnecessary obstacles to international trade.  While these elements tend to be standard, in certain 
agreements, additional detail and/ or obligations are provided on such characteristics as quality, 
performance, processes or methods of production.   
GPA 
Article VI: Technical Specifications  
 
1. Technical specifications laying down the characteristics  of the products or services to be procured, such as 
 quality, performance, safety and dimensions, symbols,  terminology, packaging, marking and labelling, or 
 the processes and methods for their production a nd requirements relating to conformity assessment 
 procedures prescribed by procuring entities, shall not be prepared, adopted or applied with a view to, or 
 with the effect of, creating unnecessary  obstacles to international trade. 
2. Technical specifications prescribed by procuring entities shall, where appropriate: 
(a) be in terms of performance rather than design or descriptive characteristics;  and 
 (b) be based on international standards, where such exist;  otherwise, on national technical  
  regulations , recognized national standards 2, or building codes. 
 
3. There shall be no requirement or reference to a part icular trademark or trade name, patent, design or type, 
 specific origin, producer or supplier, unless there is no sufficiently precise or intelligible way of 
 describing the procurement requirements and provided th at words such as "or equivalent" are included in 
 the tender documentation. 
 
4. Entities shall not seek or accept, in a manner wh ich would have the effect of precluding competition, 
 advice which may be used in the pr eparation of specifications for a sp ecific procurement from a firm that 
 may have a commercial interest in the procurement 
 
__________ 
1 For the purpose of this Agreement, a technical regulation is a document which lays down characteristics of a product or a 
service or their related processes and production methods, incl uding the applicable administrative provisions, with which compl iance is 
mandatory. It may also include or deal exclusively with termi nology, symbols, packaging, marking or labelling requirements as t hey apply 
to a product, service, process or production method.    
2 For the purpose of this Agreement, a standard is a document approved by a recognized body, that provides, for common and 
repeated use, rules, guidelines or characteristics for products or  services or related processe s and production methods, with w hich 
compliance is not mandatory. It may also incl ude or deal exclusively with terminology,  symbols, packaging, marking or labelling  
requirements as they apply to a product,  service, process or production method. 
 
 
24. The agreements concluded by the US , as well as that between Canada and Peru , generally 
replicate Article VI of the GPA with some changes such as the addition of a specific clause allowing 
procuring entities to prepare, adopt or apply tec hnical specifications to promote the conservation of 
natural resources and the protection of the environment.  In the US-Peru  agreement, a further clause 
is included requiring that suppliers comp ly with labour standards.  While in Peru-Singapore  (Article 
9.11:7) there is an additional obligation requiri ng procuring entities to notify suppliers of any 
modification of technical specifications during the course of a procurement.    S/WPGR/W/49/Add.1 
 Page 11 
 
 
  Peru-Singapore 
Article 9.11: Tender Documentation and Technical Specifications  
 
Technical Specifications 
 
[....] 
 
7. Where, during the course of a procurement, a procuring entity modifies any part of the tender 
 documentation referred to in paragraph 1, including the criteria or technical requirements thereof, it 
 shall transmit all such modifications in writing: 
 
(a) to all suppliers that are participating in  the procurement at the time the criteria was  
 modified, if the identities of such suppliers are known, and in all other cases, in the same  
 manner the original information was transmitted; and  
(b) in adequate time to allow such suppliers to modify and resubmit their tenders, as  
 appropriate. 
 
 
US-Morocco11 
Article 9.7: Technical Specifications  
 
1. A procuring entity may not prepare, adopt, or apply any technical specification or prescribe any 
 conformity assessment procedure with the purpose or the effect of creating unnecessary obstacles to 
 trade between the Parties. 
 
2. In prescribing any technical specification for the good or service being procured, a procuring entity 
 shall: 
 
(a) specify the technical specification, wherever  appropriate, in terms of performance or  
  functional requirements, rather than de sign or descriptive characteristics; and 
(b) base the technical specification on international standards, wher e such exist and are applicable 
  to the procuring entity, except where the use of  an international standard would fail to meet 
  the procuring entity’s program requirements or would impose more burdens than the use of a 
  government-unique standard. 
 
3. A procuring entity may not seek or accept, in a manner that woul d have the effect of precluding 
 competition, advice that may be used in preparing or adopting any technical specification for a specific 
 procurement from a person that may have a commercial interest in that procurement. 
 
4. A procuring entity may not prescribe technical speci fications that require or refer to a particular 
 trademark or trade name, patent, copyright, design or type, specific origin, producer, or supplier, unless 
 there is no other sufficiently precise or intelligible  way of describing the procurement requirements and 
 provided that, in such cases, words such as “or eq uivalent” are included in the tender documentation.  
 
5. For greater certainty, this Article is not intended to preclude a procuring entity from preparing, 
 adopting, or applying technical specifications to promote the conservation of natural resources or to 
 protect the environment. 
 
 
                                                      
11 The same provision is found in all the agreements concluded by the US with the exception of US-
Peru which adds further elements on compliance with labour standards.  S/WPGR/W/49/Add.1 
Page 12  
 
  US-Peru 
Article 9.6: Information on Intended Procurements  
 
Technical Specifications 
[...] 
7. For greater certainty, this Article is not intended to preclude a procuring entity from preparing, 
 adopting, or applying technical specifications: 
 
(a) to promote the conservation of natural resources or to prot ect the environment. 
(b) to require a supplier to comply with generally applicable laws regarding  
(i) fundamental principles and rights at work; and 
(ii) acceptable conditions of wo rk with respect to minimum wages, hours of work, and  
  occupational safety and health, in the territory in which the good is produced or the service is 
  performed.  
 
 
Canada-Peru 
Article 1407: Technical Specifica tions and Tender Documentation  
 
Technical Specifications 
[...] 
 
5. For greater certainty, a Party,  including its procuring entities, ma y in accordance with  this Article, 
 prepare, adopt or apply technical specifications to promote the conservation of natural resources or 
 protect the environment.  
 
 
25. Furthermore, whilst all agreements stipulate th at technical specifications should be based on 
performance and international standards, where su ch exist, in some cas es there are additional 
provisions relating to the use of national standards.  In the agreements involving the US , it is 
specified that  technical specification need not be based on the  international standard should such 
standards fail to meet the procuring entity's program requirements or would impose more burdens 
than the use of a government-unique or a recognized national standard.12  In Australia-Chile , there is 
an additional provision in Article  15.12:5 permitting a procuring entity to "conduct market research in 
developing specifications for a particular procurem ent" as well as the possibility for a "supplier that 
has been engaged to provide design or consulting services to participate in procurements related to 
such services, provided it would not give the suppl ier an unfair advantage over other suppliers".  The 
same provision also appears in the agreement between the US and Australia.     
Australia-Chile  
Article 15.12: Technical Specifications  
 
[...] 
 
5.  Notwithstanding paragraph 4, a procuring entity may: 
 
(a) conduct market research in developing sp ecifications for a particular procurement; or 
(b) allow a supplier that has been engaged to provide design or consulting to participate in  
 procurements related to such services; 
 [...] 
 
                                                      
12 Agreements between the US and Australia; Oman ; and Peru, refer to the use of a "recognized 
national standard".  While those concluded with Morocco and Bahrain refer to a "government-unique standard".    S/WPGR/W/49/Add.1 
 Page 13 
 
 
  D. PROCUREMENT METHODS  
26. All the agreements reviewed typically contain provisions specifying the types of procurement 
methods that can be used.  A significant number of  agreements either follow the approach taken in 
Articles VII, X and XV of the GPA or a simplified version of those provisions.  
GPA 
Article VII: Tendering Procedures  
1. Each Party shall ensure that the tendering procedur es of its entities are applied in a non-discriminatory 
 manner and are consistent with the provisio ns contained in Articles VII through XVI. 
2. Entities shall not provide to any supplier information with regard to a specific procurement in a manner 
 which would have the effect of precluding competition. 
3. For the purposes of this Agreement: 
 (a) Open tendering procedures are those procedures under which all interested suppliers may  
  submit a tender. 
 (b) Selective tendering procedures are those procedures under which, consistent with paragraph 3 
  of Article X and other relevant provisions of this Agreement, those suppliers invited to do so 
  by the entity may submit a tender. 
 (c) Limited tendering procedures are those proc edures where the entity contacts suppliers  
  individually, only under the conditions specified in Article XV. 
Article X: Selection Procedures  
1. To ensure optimum effective international competition under selec tive tendering procedures, entities 
 shall, for each intended procurement, invite tenders from the maximum number of domestic suppliers 
 and suppliers of other Parties, consistent with the efficient operation of the procurement system. They 
 shall select the suppliers to participate in the procedure in a fair and non-discriminatory manner. 
2. Entities maintaining perman ent lists of qualified suppliers may sele ct suppliers to be invited to tender 
 from among those listed. Any selec tion shall allow for equitable opportu nities for suppliers on the lists. 
3. Suppliers requesting to participate in a particular intended procurement shall be permitted to submit a 
 tender and be considered, provided, in the case of those not yet qualified, there is sufficient time to 
 complete the qualification procedure under Article s VIII and IX. The number of additional suppliers 
 permitted to participate shall be limited only by the efficient operation of the procurement system. 
4. Requests to participate in selective tendering procedures may be submitted by telex, telegram or 
 facsimile. 
Article XV: Limited Tendering  
1. The provisions of Articles VII through XIV govern ing open and selective tendering procedures need 
 not apply in the following conditions, provided that limited tendering is not used with a view to 
 avoiding maximum possible competition or in a manner which would constitute a means of 
 discrimination among suppliers of other Parties or protection to domestic producers or suppliers: 
 (a) in the absence of tenders in response to  an open or selective tender, or when the 
tenders submitted have been collusive, or not in conformity with the essential requirements in 
the tender, or from suppliers who do not comply  with the conditions for participation provided 
for in accordance with this Agr eement, on condition, however, that the re quirements of the 
initial tender are not substantially modified in the contract as awarded; 
  (b) when, for works of art or for reasons connected with protection of exclusive rights, 
such as patents or copyrights, or in the absence of competition for technical reasons, the 
products or services can be supplied only by a particular supplier and no reasonable 
alternative or substitute exists; S/WPGR/W/49/Add.1 
Page 14  
 
    (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about 
by events unforeseeable by the entity, the produc ts or services could not be obtained in time 
by means of open or selective tendering procedures; 
  (d) for additional deliveries by the original supplier which are intended either as parts 
replacement for existing supplies, or installations , or as the extension of existing supplies, 
services, or installations where a change of supplier would compel the entity to procure 
equipment or services not meeting requirements  of interchangeability with already existing 
equipment or services1;  
  (e) when an entity procures prototypes or a first product or service which are developed 
at its request in the course of, and for, a particular contract for research, experiment, study or 
original development. When such contracts have  been fulfilled, subsequent procurements of 
products or services shall be subject to Articles VII through XIV2;  
  (f) when additional construction services wh ich were not included in the initial contract 
but which were within the objectives of the original tender documentation have, through 
unforeseeable circumstances, become necessa ry to complete the construction services 
described therein, and the entity needs to aw ard contracts for the additional construction 
services to the contractor carrying out the construction services concerned since the separation 
of the additional construction services from the initial contract would be difficult for technical 
or economic reasons and cause significant in convenience to the entity. However, the total 
value of contracts awar ded for the additional construction se rvices may not exceed 50 per cent 
of the amount of the main contract; 
  (g) for new construction services consistin g of the repetition of similar construction 
services which conform to a basic project for which an initial contract was awarded in 
accordance with Articles VII thro ugh XIV and for which the entity  has indicated in the notice 
of intended procurement concerning the initial construction service, that limited tendering 
procedures might be used in awarding contracts for such new construction services; 
  (h) for products purchased on a commodity market; 
 (i) for purchases made under exceptionally advantageous conditions which only arise in 
the very short term. This provision is intended to cover unusual disposals by firms which are 
not normally suppliers, or disposal of assets of  businesses in liquidation or receivership. It is 
not intended to cover routine purchases from regular suppliers; 
  (j) in the case of contracts awarded to the winner of a design contest provided that the 
contest has been organized in a manner which is consistent with the principles of this 
Agreement, notably as regards the publication, in  the sense of Article IX, of an invitation to 
suitably qualified suppliers, to participate in such a contest which shall be judged by an 
independent jury with a view to design contracts being awarded to the winners. 
2. Entities shall prepare a report in writing on each contract awarded unde r the provisions of paragraph 1. 
 Each report shall contain the name of the procuring entity, value and kind of goods or services 
 procured, country of origin, and a statement of the conditions in this Article which prevailed. This 
 report shall remain with the entities concerned at the disposal of the government authorities responsible 
 for the entity in order that it may be used if requ ired under the procedures of Articles XVIII, XIX, XX 
 and XXII. 
__________ 
 
 1  It is the understanding that "existing equipment" includes soft ware to the extent that the in itial procurement of the software  was 
covered by the Agreement. 
 
 2 Original development of a first product or service may include  limited production or supply in order to incorporate the result s of 
field testing and to demonstrate that th e product or service is suitable for producti on or supply in quantity to acceptable qua lity standards.  It 
does not extend to quantity production or supply to establish commer cial viability or to recover re search and development costs . 
  S/WPGR/W/49/Add.1 
 Page 15 
 
 
  27. In all the agreements concluded by the US , the use of open tendering procedures are 
generally foreseen, although there are some differences in the exact content and drafting of the relevant provisions.  Limited te ndering procedures may however be used in certain circumstances and 
provided that particular procedures are followed.
13  The general conditions permitting the use of 
limited tenders are similar to those listed under Artic le XV:1 of the GPA with some differences.  For 
instance, in US-Oman (Article 9.8:.2 and 3)  and US-Morocco (Article 9.9:2 and 3) , construction 
services are not listed as a specific case permitting th e use of limited tendering procedures.  In 
US-Australia (Article 15.8), such procedures might be used  for the award of contracts of construction 
services but only if they are new.  While in CAFTA-DR (Article 9.9)  and US-Peru (Article 9.8)  
reference is made  only to additional construction services.   
US-Oman 
Article 9.8: Tendering Procedures  
 
1. A procuring entity shall conduct procurement covered by this Agreement in a manner that is consistent 
 with this Chapter, and, except where specifically pr ovided otherwise in this Chapter, in a transparent 
 and impartial manner and shall permit any interested supplier to submit a tender.  
 
2. Provided that the tendering procedure is not used to avoid competition, to protect domestic suppliers, or 
 in a manner that discriminates against suppliers of the other Party, a procuring entity may contact a 
 supplier or suppliers of its choice and may choose not to apply Articles 9.4 through 9.7, paragraph 1 
 and paragraphs 3 through 7 of Article 9.9 in the following circumstances:  
 
 (a) where, in response to a prior notice of intended procurement or invitation to tender,  
 (i) no tenders were submitted;  
 (ii) no tenders were submitted that confor m to the essential requirements in the tender 
   documentation; or  
 (iii) no suppliers satisfied the conditions for participation; and the entity does not  
   substantially modify the essential requirements of the procurement or the conditions 
   for participation;  
 (b) where the goods or services can be supplied only by a particular supplier and no reasonable  
  alternative or substitute goods or services exist because:  
 (i) the requirement is for a work of art;  
 (ii) the procuring entity is obligated to protect patents, copyrights, or other exclusive 
   rights, or proprietary information; or  
 (iii) there is an absence of competition for technical reasons;  
 (c) for additional deliveries of goods or services by  the original supplier that are intended either as 
  replacement parts, extensions, or continuing  services for existing equipment, software,  
  services, or installations, where a change of supplier would compel the procuring entity to 
  procure goods or  services that do not meet  requirements of interchangeability with existing 
  equipment, software, services, or installations;  
 (d) for goods purchased on a commodity market;  
 (e) where a procuring entity procures a prototype or a first good or service that is developed at its 
  request in the course of, and for, a particular contract for research, experiment, study, or  
  original development. When such a contract has been fulfilled, subsequent procurements of 
  goods or services shall be subject to this Chapter; or  
 (f) in so far as is strictly necessary where, for reasons of extreme urgency brought about by  
  events unforeseeable by the procuring entity, the good s or services could not be obtained in 
  time under procedures consistent with Articles 9.4 through 9.7, paragraph 1 and paragraphs 3 
  through 7 of Article 9.9, and the use of such procedures would result in serious injury to the 
  procuring entity or the relevant Party. 
                                                      
13 "Limited tendering" refers to a situation where the procuring entity contacts the potential suppliers 
individually.  S/WPGR/W/49/Add.1 
Page 16  
 
   
3.  For each contract awarded under paragraph 2, a procuring entity shall prepare a written report that 
 includes the name of the procuring entity, the value and kind of goods or services procured, and a 
 statement indicating the circumstances and conditions described in paragraph 2 that justify the use of a 
 limited tendering procedure. 
 
 
CAFTA 
Article 9.9: Tendering Procedures  
 
1. Subject to paragraph 2, a procuring entity shall award contracts by means of open tendering 
 procedures.  
 
2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, 
 a procuring entity may award contracts by means ot her than an open tendering procedure in the 
 following circumstances:  
 
 (a) in the absence of tenders that conform to the essential requirements in the tender  
  documentation provided in a prior notice of in tended procurement or invitation to participate, 
  including any conditions for participation, prov ided that the requirements of the initial notice 
  or invitation are not substantially modified;  
 (b) where, for works of art, or for reasons conn ected with the protection of exclusive intellectual 
  property rights, such as patents or copyrights, or proprietary information, or where there is an 
  absence of competition for technical reasons, th e goods or services can be supplied only by a 
  particular supplier and no reasonabl e alternative or substitute exists;  
 (c) for additional deliveries by th e original supplier that are intend ed either as replacement parts, 
  extensions, or continuing services for existing equipment, software, services, or installations, 
  where a change of supplier would compel the entity to procure goods or services not meeting 
  requirements of interchangeability with existing equipment, soft ware, services, or  
  installations;  
 (d) for goods purchased on a commodity market;  
 (e) where a procuring entity procures a prototype or a first good or service that is developed at its 
  request in the course of, and for, a particular contract for research, experiment, study, or  
  original development. When such contracts ha ve been fulfilled, subsequent procurements of 
  goods or services  shall be subject to this Chapter;  
 (f) where additional construction services that were not included in the initial contract but that 
  were within the objectives of the original tender documenta tion have, due to unforeseeable 
  circumstances, become necessary to complete  the construction services described therein. 
  However, the total value of contracts awarded for additional construction services may not 
  exceed 50 percent of the amount  of the initial contract; or  
 (g) in so far as is strictly necessary where, for reasons of urgency brought about by events  
  unforeseeable by the procuring entity, the goods or services could not be obtained in time by 
  means of an open tendering procedure and the use of an open tendering procedure would  
  result in serious injury to the procuring entity, the entity’s program responsibilities, or the 
  P a r t y .  
 
3. A procuring entity shall maintain records or prep are written reports providing specific justification for 
any contract awarded under paragraph 2, in a manner consistent with Article 9:11.3 
 
28. Additionally, in US-Australia (Article 15.7:6-8) and US-Peru (Article 9.8), selective 
tendering procedures may be used  provided that certain requirements are met.  These relate inter alia  
to the requirement that: a notice of procurement must be published sufficiently in advance; all 
suppliers that meet conditions of participation mu st be allowed to tender unless a limit on the number 
of suppliers has been set; and information must be  provided on the entity's decision with respect to 
applications received.     S/WPGR/W/49/Add.1 
 Page 17 
 
 
  US-Australia14 
Article 15.7: Tendering Procedures  
Selective Tendering  
 
6. To ensure optimum effective competition under sel ective tendering procedures, procuring entities shall, 
for each intended covered procurement, invite tenders from the largest number of domestic suppliers and 
suppliers of the other Party that is consistent with  the efficient operation of  the procurement system.  
 
7. A procuring entity applying selective tendering procedures shall use, in accordance with paragraph 6:  
 (a) a multi-use list, provided such a list is comp iled in accordance with the provisions of this  
  Chapter and is appropriate to the type of procurement being undertaken;  
 (b) a list of suppliers that have responded to a notice inviting suppliers to submit applications for 
  participation in a procurement;  
 (c) a list of suppliers that have responded to a notice requesting all interested suppliers to express 
  their interest in the procurement, provided that the procuring entity:  
 (i) publishes a notice requesting any interested supplier to submit an expression of its 
   interest in the procurement and any in formation requested in the notice; the notice 
   may be the notice of planned procurement under Article 15.4.3 where that notice 
   invited suppliers to express their interest in the procurement; and  
 (ii) sends an invitation to submit tenders to a ll the suppliers that expressed an interest in 
   the procurement, unless it has stated in the notice that it may limit the suppliers that it 
   will invite, in accordance with paragraph 8; or  
 (d) a list of all the suppliers that have been granted a license or that have been determined by the 
  appropriate agency, authority, or organization to comply with specific legal requirements that 
  exist independent of the procurement process, provided that:  
  (i) the requirement for a license or comp liance with specific legal requirements is  
   essential to the conduct of the procurement;  
  (ii) the complete list of such suppliers is maintained by the appropriate agency, authority,  
  or organization and is available to the procuring entity; and  
 (iii) the entity invites all the suppliers on th e list to submit tenders in the procurement.  
 
8. Provided that relevant requirements and criteria have been specified in advance in a notice or in tender 
documentation, a procuring entity, in determining the suppliers that will be invited to tender, under 
paragraphs 7(b) and (c) may:  
 (a) in assessing technical ability, assess the extent to which the suppliers’ proposals or responses 
  meet the technical and performance specifications of the procurement; and  
(b) limit the number of suppliers that it invites to tender based on the rating of the supplier  
  proposals or responses.  
 
9. A procuring entity shall apply the time limits set out in Article 15.5 for responses to the notices referred 
to in paragraphs 7(b) and (c).  
 
Information on Procuring Entity Decisions  
10. Where a supplier applies for participation in a covered procurement, including through a procedure 
described in paragraphs 7(b) or (c), or for inclusion on a list referred to in paragraph 4, a procuring entity shall 
promptly advise such supplier of its decision with respect to its application.  
 
11. Where a procuring entity:  
 (a) rejects an application for participation in a covered procurement, including an application 
  through a procedure described in paragraph 7(b) or (c),  
 (b) rejects a request for inclusion on a list, referred to in paragraph 4, or  
 (c) ceases to recognize a supplier as having satisfied the conditions for participation,  
  the procuring entity shall promptly inform the supplier and, on request of such supplier,  
  promptly provide the supplier with a written explanation of the reasons for its decision . 
                                                      
14 US-Australia as the most detailed provisions on tendering procedures as compared to other 
agreements involving the US.  S/WPGR/W/49/Add.1 
Page 18  
 
  29. In Australia-Chile (Article 15.14), a procuring entity may use open, selective or limited 
tendering procedures.  The provisions on limited tende ring are similar to Article XV of the GPA. 
Procedures for selective tendering are less detailed than those found in the GPA but procuring entities 
must, nevertheless, ensure effective competition by inviting tenders from the maximum number of domestic and foreign suppliers and undertake selec tion in a fair and non-discriminatory manner.  
There is, however, no provision, as in Article X: 3 of the GPA which requires procuring entities to 
consider requests from suppliers seeking to par ticipate in a particular procurement.    
Australia-Chile 
Article 15.14: Tendering Procedures  
 
1. A procuring entity shall only use open or selective tendering procedures consis tent with the provisions 
 of this Chapter, except as provided for in Article 15.15.  
 
2. A procuring entity may use sel ective tendering procedures in acco rdance with Article 15.4 and the 
 procurement laws, regulations, procedures and policies of its Party. 
 
3. To ensure effective competition under selective tendering procedures, a procuring entity shall invite 
 tenders from the largest number of domestic suppliers  and suppliers of the other Party that is consistent 
 with the efficient operation of the procurement system . It shall select the suppliers to participate in the 
 procedure in a fair and non-discriminatory manner. 
 
Article 15.15: Limited Tendering  
 
1. Provided that it does not use this provision for the purpose of avoiding competition, to protect domestic 
 suppliers or in a manner that discriminates against suppliers of the other Party, a procuring entity may 
 use limited tendering procedures. 
 
2. When a procuring entity applie s limited tendering it may choose, according to the nature of the 
 procurement, not to apply Articles 15.8, 15.10, 15.11, 15.12, 15.13, 15.14, 15.16.1 and 15.16.3 to 
 15.16.6. A procuring entity may use limited tendering only under the following circumstances: 
 
 (a) where, in response to a prior notice, inv itation to participate, or invitation to tender: 
 (i) no tenders were submitted or no suppliers requested participation;  
 (ii) no tenders were submitted that conform to the essential requirements in the tender  
  documentation; or  
 (iii) no suppliers satisfied the conditions fo r participation; and the procuring entity does  
  not substantially modify the essential requirements of the procurement; 
 
 (b) where, for works of art, or for reasons conn ected with the protection of exclusive rights, such 
  as patents or copyrights, or proprietary information, or where there is an absence of  
  competition for technical reasons, the goods or services can be supplied only by a particular 
  supplier and no reasonable alternative or substitute exists; 
 
 (c) for additional deliveries by the original supplier or its authorised agent that are intended either 
  as replacement parts, extensions, or continui ng services for existing equipment, software,  
  services or installations, where a change of supplier would compel the procuring entity to 
  procure goods or services not meeting requirements of interchangeability with existing  
  equipment, software, services, or installations; 
  
 (d) for goods purchased on a commodity market;  
 
 (e) where a procuring entity procures a prototype or a first good or service that is intended for 
  limited trial or developed at its request in the course of, and for, a particular contract for  
  research, experiment, study, or original development; 
  S/WPGR/W/49/Add.1 
 Page 19 
 
 
   (f) where additional construction services that we re not included in the initial contract but that 
  were within the objectives of the original tender documentation have, due to unforeseen  
  circumstances, become necessary to complete  the construction services described therein. 
  However, the total value of contracts awarde d for additional construction services may not 
  exceed 50 per cent of the amount of the initial contract; 
 
 (g) for new construction services consisting of th e repetition of similar construction services that 
  conform to a basic project for which an initial contract was awarded following use of open 
  tendering or selective tendering in accordance with this Chapter, and for which the procuring 
  entity has indicated in the notice of intended procurement concerning the initial construction 
  service that limited tendering procedures might be used in awarding contracts for such new 
  construction services; 
 
 (h) for purchases made under exceptionally advantageous conditions that only arise in the very 
  short term, such as from unusual disposals, unsolicited innovative proposals, liquidation,  
  bankruptcy or receivership and not for routine purchases from regular suppliers; 
 
 (i) where a contract is awarded to the winner of a design contest provided that: 
 
 (i) the contest has been organised in a manner that is consistent with this Chapter, and 
 (ii) the contest is judged by an independent jury with a view to a design contract being  
  awarded to the winner; or 
 
 (j) in so far as is strictly necessary where, for reasons of extreme urgency brought about by  
  events unforeseen by the procuring entity, the goods or services could not be obtained in time 
  by means of an open or selective tendering procedure. 
 
3.  A procuring entity shall maintain a record or pr epare a written report providing specific justification 
 for any contract awarded by means other than open or selective tendering procedures, as provided for 
 in this Article. 
 
 
30. The EC-CARIFORUM Agreement (Article 169) does not restrict the method of 
procurement provided that it is not for the purpose of restricting participation in the procurement 
process.  The provision on selective tendering (Ar ticle 170) sets out general principles on: the 
publication of the notice of intended procurement and its content; the selection of suppliers to 
participate in a fair manner; and time limits for su bmitting requirements for participation.  While the 
circumstances permitting the use of limited tendering procedures (Article 171) are generally similar to 
Article XV the GPA, no provision is made for s ituations where "the tende rs submitted have been 
collusive, or not in conformity with the essential requirements in the tender, or from suppliers who do 
not comply with the conditions for participation".  In addition to conditions on selective and limited 
tendering, certain procedures are also establishe d for procurement conducted through electronic 
means. 
EC-CARIFORUM 
Article 170  
 
Selective tendering 
 
1. Whenever selective tendering procedures are employed, procuring entities shall: 
 
 (a) Publish a notice of intended procurement; 
 (b) In the notice of intended procurement invite eligible suppliers to submit a request for  
  participation; 
 (c) Select the suppliers to participate in the se lective tendering procedure in a fair manner; and 
 (d) Indicate the time limit for su bmitting requests for participation. S/WPGR/W/49/Add.1 
Page 20  
 
   
2. Procuring Entities shall recognise as qualified suppliers all suppliers which meet the conditions for 
 participation in a particular procurement, unless the procuring entity states in the notice or, where 
 publicly available, in the tender documentation, an y limitation on the number of suppliers that will be 
 permitted to tender and the objective criteria for such limitation. 
 
3. Where the tender documentation is not made publicly available from the date of publication of the 
 notice referred to in paragraph 1, procuring en tities shall ensure that those documents are made 
 available at the same time to all the qualified suppliers selected. 
 
 
Article 171  
 
Limited tendering 
 
1. When using the limited tendering procedure, a pr ocuring entity may choose not to apply Articles 168, 
 169(1) and (3), 170, 173 (1), 174, 175, 176 and 178. 
 
2. Procuring entities may award their public contracts by limited tendering procedure, in the following 
 cases: 
 
 (a) when no suitable tenders have been submitted in response to an open or selective tendering 
  procedure, on condition that the requiremen ts of the initial tender are not substantially  
  modified; 
 (b) when, for technical or artistic  reasons, or for reasons connected with protection of exclusive 
  rights, the contract may be performed only by a particular supplier and no reasonable  
  alternative or substitute exists;  
 (c) for reasons of extreme urgency brought about by events unforeseen by the procuring entity, 
  the products or services could not be obtained in time by means of open or selective tendering 
  procedures; 
 (d) for additional deliveries of goods or services  by the original supplier where a change of  
  supplier would compel the procuring entity to procure equipment or services not meeting  
  requirements of interchangeability with alread y existing equipment or services procured under 
  the initial procurement and such separatio n would cause significant inconvenience or  
  substantial duplication of costs to the procuring entity; 
 (e) when a procuring entity procures prototypes or a first product or service which are developed 
  at its request in the course of, and for, a particular contract for research, experiment, study or 
  original development; 
 (f) when additional services which were not include d in the initial contract but which were within 
  the objectives of the original tender documentation have, through unforeseen circumstances, 
  become necessary to complete the services de scribed therein. However, the total value of  
  contracts awarded for the additional services shall not exceed 50 % of the amount of the  
  original contract; 
 (g) for new services consisting of the repetition of similar services which conform to a basic  
  project for which an initial contract was awar ded following an open or selective procurement 
  method, and for which the procuring entity  has indicated in the notice of intended  
  procurement that a limited procurement method might be used in awarding contracts for such 
  new services; 
 (h) for products purchased on a commodity market; 
 (i) in the case of contracts awarded to the winn er of a design contest; in the case of several  
  successful candidates, successfu l candidates shall be invited to  participate in the negotiations 
  as specified in the notice of the intend ed procurement or the tender documents; and 
 (j) for purchases made under exceptionally advantageous conditions which only arise in the very 
  short term in case of unusual disposals such as arising from liquidation, receivership or  
  bankruptcy and not for routine purchases from regular suppliers. 
 
  S/WPGR/W/49/Add.1 
 Page 21 
 
 
  31. Under Article 1406 on "Conditions for Pa rticipation", the agreement between Canada and 
Peru  requires a procuring entity using selective tend ering procedures to publish a notice inviting 
suppliers to apply for participa tion.  All suppliers satisfying th e conditions for participation may 
submit a tender subject to any limitations on the numb er of suppliers permitted to tender, as specified 
in the notice of procurement.  Limited tendering is  permitted in a number of cases, similar to those 
contained in Article XV of the GPA.  
Canada-Peru 
Article 1406: Conditions for Participation  
Selective Tendering  
 
9. Where a Party's law allows the use of selective te ndering procedures, a procur ing entity shall, for each 
 intended procurement covered by this Chapter: 
 
 (a) publish a notice inviting suppliers to apply for participation in the procurement sufficiently in 
  advance to provide interested suppliers time to prepare and submit applications and for the 
  entity to evaluate, and make its determination based on, such applications; and 
 (b) allow all domestic suppliers and suppliers of  the other Party that the entity has determined 
  satisfy the conditions for participations to submit a tender, unless the entity has stated in the 
  notice of intended procuremen t or, where publicly available, in the tender documentation, a 
  limitation on the number of suppliers that will be permitted to tender and the criteria for such a 
  limitation.  
 
 
32. In the agreement between Peru and Singapore (Article 9.13), while open tendering 
procedures are foreseen, as in the GPA under certain  circumstances limited tendering may be used.   
E. QUALIFICATIONS OF SUPPLIERS  
33. Provisions relating to the qualifications of supp liers are found in all the reviewed agreements  
and tend to be equivalent to Article VIII of the GP A, with some variations.  The relevant provisions 
generally include principles preventing discriminat ion between domestic and foreign suppliers by 
ensuring that all suppliers are able to participate in  the tender, and are informed of the decision made 
by procuring entities.  Certain additional conditions also apply when the procuring entity maintains a 
permanent, multi-use or publicly av ailable list of qualified suppliers.15 In such situations, the 
procuring entity is typically required, among other th ings, to allow suppliers to apply for inclusion on 
the list and to promptly process requests.     
                                                      
15 The GPA refers to "permanent list" while the agreements involving the US, Canada-Peru and EC-
CARIFORUM use the concept of  "multi-list".  No such lists are referr ed to in Peru-Singapore and CAFTA-DR 
uses the concept of "available list". S/WPGR/W/49/Add.1 
Page 22  
 
   
 
GPA  
Article VIII: Qualification of Suppliers  
 
In the process of qualifying suppliers, entities shall not discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other Parties.  Qualification pro cedures shall be consistent with the 
following: 
 
(a) any conditions for participation in tendering pr ocedures shall be published in adequate time to 
  enable interested suppliers to initiate and, to the extent that it is compatible with efficient  
  operation of the procurement process,  complete the qualification procedures; 
 
(b) any conditions for participation in tendering pr ocedures shall be limited to those which are  
  essential to ensure the firm's capability to fu lfil the contract in question.  Any conditions for  
  participation required from suppliers, including fi nancial guarantees, tec hnical qualifications and 
  information necessary for establishing the fina ncial, commercial and technical capacity of  
  suppliers, as well as the verification of qualific ations, shall be no less favourable to suppliers of 
  other Parties than to domestic suppliers and shall not discriminate among suppliers of other  
  Parties.  The financial, commercial and techni cal capacity of a supplier shall be judged on the 
  basis both of that supplier's global business activity as well as of its activity in the territory of the 
  procuring entity, taking due account of the le gal relationship between the supply organizations; 
 
(c) the process of, and the time required for, qualifyi ng suppliers shall not be used in order to keep 
  suppliers of other Parties off a suppliers' list or from being considered for a particular intended 
  procurement.  Entities shall recognize as qualifi ed suppliers such domestic suppliers or suppliers 
  of other Parties who meet the conditions for par ticipation in a particular intended procurement.  
  Suppliers requesting to participate in a part icular intended procurement who may not yet be  
  qualified shall also be considered, provided there is sufficient time to complete the qualification 
  procedure; 
 
(d) entities maintaining permanent lists of qualified suppliers shall ensure that suppliers may apply 
  for qualification at any time;  and that all qu alified suppliers so requesting are included in the 
  lists within a reasonably short time; 
 
 (e) if, after publication of the notice under paragr aph 1 of Article IX, a supplier not yet qualified 
  requests to participate in an intended procurement, the entity shall promptly start procedures for 
  qualification; 
 
(f) any supplier having requested to become a qualif ied supplier shall be advised by the entities 
  concerned of the decision in this regard.  Qualified suppliers included on permanent lists by  
  entities shall also be notified of the termination of any such lists or of their removal from them; 
 
 (g) each Party sh all ensure that: 
  (i) each entity and its constituent parts fo llow a single qualificati on procedure, except in 
   cases of  duly substantiated need for a different procedure;  and 
 (ii) efforts be made to minimize differences  in qualification procedures between entities. 
 
(h) nothing in subparagraphs (a) through (g) shall preclude the exclusion of any supplier on grounds 
  such as bankruptcy or false declarations, provid ed that such an action is consistent with the  
  national treatment and non-discrimina tion provisions of this Agreement. 
  S/WPGR/W/49/Add.1 
 Page 23 
 
 
   
34. Agreements involving the US , which tend to be very similar to each other 16, contain some 
additional conditions on the qualification of suppliers and the publication of notices.   It is stipulated 
that procuring entities should publish a notice sufficien tly in advance to provide interested suppliers 
time to submit and prepare applications.  Furthermore,  when a procuring entity establishes or 
maintains a "multi-use" list of suppliers17, certain requirements on the contents of the notice inviting 
interested suppliers to apply for inclusion are specif ied.  Suppliers must be allowed to apply at any 
time and shall be included if they satisfy the cond itions for participation within a reasonably short 
time.  Information must also be provided on the procuring entity's decision.  These agreements also contain provisions preventing the procuring en tity from conditioning qualification upon "prior 
experiences" or "previous awards" obtained in its te rritory.  These conditions do not have a corollary 
in the GPA. 
35. In the agreements between Canada-Peru,  Australia-Chile and EC-CARIFORUM , there 
are also conditions concerning "multi-use" lists and the treatment of prior experience and previous 
awards which are couched in similar terms as the US agreements.
18  Such provisions do not, however, 
appear in the agreement between Peru and Singapore . 
EC- CARIFORUM   
Article 174  
 
[...] 
 
2. The Signatory CARIFORUM States and the EC Party shall not impose the condition that, in order for a 
 supplier to participate in a procurement, the supplie r has previously been awarded one or more contracts 
 by an entity of that Party or St ate or that the supplier has prior work experience in the relevant territory. 
 This paragraph does not apply for procurements in  respect of social impact surveys and studies. 
 
[...] 
 
5. Procuring entities may maintain a multi-use list 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 av ailable continuously in one of the appropriate 
  media listed in Annex VII. 
 
6. Procuring entities shall ensure that suppliers  may apply for qualification at any time through the 
 publication of a notice inviting suppliers to apply for inclusion on the list containing the following 
 information: 
 
(a) a description of the goods and services, or ca tegories thereof, for which the list may be used; 
(b) the conditions for participation to be satisfie d 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 relevant documents relating to the list; and 
                                                      
16 Identical provisions are found in  US-Peru, US-Oman and US-Bahrain. 
17 Both paragraphs fall under the general heading of article 9.7  "Conditions for Participations". It 
should be noted that Article VIII of the GPA only refers to "permanent lists" of suppliers and does stipulate any 
conditions on the manner in which suppliers should be invited on these lists.   
18 It should be noted that in Article 15.13: 2(d) of Australia-Chile, a Party "may require prior 
experience where relevant to meet th e requirements of the procurement". S/WPGR/W/49/Add.1 
Page 24  
 
  (d) the period of validity of the list and the means 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. Procuring entities shall include in the list all qualified suppliers 
  within a reasonably short time. 
 
7. Where a non-qualified supplier submits a request fo r participation, and all required documents relating 
 thereto, within the time-limit, a procuring entity, whether or not it uses a multiuse list, shall examine and 
 accept the supplier's request for partic ipation, unless, due to the complexi ty of the procurement the entity 
 is not able to complete the examination of the request. Procuring entities shall also ensure that a supplier 
 having requested to be included in the list shall be informed of the decision in this regard in a timely 
 fashion. 
 
8. Procuring entities operating in the utilities may use a notice inviting suppliers to apply for inclusion on a 
 multi-use list as a notice of intended procurem ent and may exclude requests for participation from 
 suppliers not yet qualified in respect of the proc urement on the grounds that the procuring entity has 
 insufficient time to ex amine the application. 
 
 
 
Australia-Chile 
Article 15.13: Conditions for Participation  
 
1. A Party shall limit any conditions for participation in a covered procurement to those that ensure the 
 supplier’s capability to fulfil the requirements of the procurement. 
 
2. In assessing whether a supplier satisfies the condition s for participation, a Party: 
 
(a) shall evaluate the capabilities 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 solely on the conditions that a procuring entity has specified in 
  advance in notices or tender documentation;  
(c) may not impose the condition that, in order for a supplier to participate in a procurement, the  
 supplier has previously been awarded one or more  contracts by a procuring entity of that Party 
  or that the supplier has prior work experience in the territory of that Party; and 
(d) may require prior experience where relevant to meet the requirements of the procurement. 
 
3. Nothing in this Article shall preclude a Party from excluding a supplier from a procurement on grounds 
 such as: 
 
(a) bankruptcy; 
(b) false declarations; or 
(c) significant or persistent deficiencies in performance of any substa ntive requirement or  
  obligation under a prior contract. 
 
4. Where a Party requires suppliers to register or pr e-qualify before being permitted to participate in a 
 covered procurement that Party shall ensure that a notice inviting suppliers to apply for registration or 
 pre-qualification is published sufficiently in advance of the procurement to allow for interested 
 suppliers, including suppliers of the other Party, to in itiate and, to the extent that it is compatible with 
 the efficient operation of the procurement process, complete the registration or qualification 
 procedures. 
 
5. The process of, and the time required for, registering or qualifying suppliers shall not be used in order 
 to prevent or delay the inclusion of suppliers of th e other Party on a list of suppliers or prevent such 
 suppliers from being considered  for a particular procurement.  S/WPGR/W/49/Add.1 
 Page 25 
 
 
   
6. A Party may establish a multi-use list provided that  it publishes, annually or continuously, a notice 
 inviting interested suppliers to apply for inclusion on the list.  
 
 The notice shall include: 
 
(a) a description of the goods and services, or ca tegories thereof, for which the list may be used; 
 
(b) the requirements to be satisfied by suppliers;  
 
(c) the name and address of the procuring entity or other government agency and other  
  information necessary to contact the procuring entity and obtain all relevant documents  
  relating to the list; and 
(d) deadlines for submission of applications fo r inclusion on that list, where applicable. 
 
7. A Party that maintains a multi-use list shall include on the list all suppliers that satisfy the requirements 
 set out in the notice referred to in pa ragraph 6 within a reasonably short time. 
 
 
 
US- Bahrain 19 
Article  9.7: Conditions for Participation  
 
General Requirements  
 
1. Where a procuring entity requires suppliers to satis fy conditions for participation, the entity shall, 
 subject to the other provisions of this Chapter:  
 
 (a) limit any conditions for participation to those that are essential to ensure that the supplier has 
  the legal, commercial, technical, and financial abilities to fulfill the requirements and technical  
  specifications of the procurement;  
 
 (b) evaluate the financial, commercial, and tech nical abilities of a supplier on the basis of its  
  global business activities, including both its activities in the territory of the Party of the  
  supplier, as well as its activities, if any, in th e territory of the Party of the procuring entity, and 
  may not impose the condition that, in order for a supplier to participate in a procurement, the 
  supplier has previously been awarded one or more contracts by a procuring entity of that Party 
  or that the supplier has prior work experience in the territory of that Party;  
 
 (c) base its determination of whether a supplier has satisfied the conditions for participation solely 
  on the conditions that the procuring entity has specified in advance in notices or tender  
  documentation; and  
 
 (d) allow all suppliers that satisfy the conditions for participation to participate in the  
  procurement.   
 
2. Nothing in this Article shall preclude a procuring entity from excluding a supplier from a procurement 
 on grounds such as bankruptcy or false declarations.  
3. Where a procuring entity requires suppliers to satisfy conditions for participation, the entity shall 
 publish a notice inviting suppliers to apply for participation. The entity shall publish the notice 
 sufficiently in advance to provide interested suppliers adequate time to prepare and submit responsive 
 applications and for the entity to evaluate and ma ke its determination based on such applications.  
 
 
                                                      
19 The provisions contained in US-Bahrain is repr oduced as an example of the model used in the 
agreements involving the US.  S/WPGR/W/49/Add.1 
Page 26  
 
  Multi-Use Lists  
 
4. A procuring entity may establish a multi-use list provided that the entity annually publishes in a paper 
 or electronic medium, or otherwise makes available continuously in electronic form, a notice inviting 
 interested suppliers to apply for inclusion on the list. The notice shall include:  
 
 (a) a description of the goods or services that may be procured using the list;  
 (b) the conditions for participation to be satisfied by suppliers and the methods that the procuring 
  entity will use to verify a supplier’s satisfaction of the conditions;  
 (c) the name and address of the procuring entity  and other information necessary to contact the 
  entity and obtain all relevant documents relating to the list;  
 (d) the date on which use of the list will terminate,  or where a date is not provided, an indication 
  of the method by which advance notice will be given of the termination of use of the list;  
 (e) any deadlines for submission of applications for inclusion on the list; and  
 (f) an indication that the list may be used for procurement covered by this Chapter.  
 
5. A procuring entity that maintains a multi-use list shall allow suppliers to apply at any time for inclusion 
 on the list and shall include on the list all suppliers that apply and satisfy the conditions for 
 participation within a reasonably short time after a supplier applies.  
 
Information on Procuring Entity Decisions  
 
6. Where a supplier applies for participation in a covere d procurement, or for inclusion on a multi-use list, 
 a procuring entity shall promptly advise such supplier of its decision with respect to its application.  
 
7. Where a procuring entity rejects an application for participation in a covered procurement or for 
 inclusion on a multi-use list, or ceases to recognize a supplier as having satisfied the conditions for 
 participation, the entity shall promptly inform the supplier and, on request of such supplier, promptly 
 provide the supplier a written explanation of the reasons for its decision. 
 
 
 
CAFTA –DR 
 Article 9.8: Requirements and Conditions for Participating in Procurement  
[...] 
 
2. Each procuring entity shall:  
(a) limit any conditions for participation in a procur ement to those that are essential to ensure that 
  the supplier has the legal, technical, and financia l abilities to fulfil the requirements and technical  
 specifications of the procurement;  
(b) recognize as qualified all supplie rs of another Party that have me t the requisite 9-6 conditions for  
 participation; and  
(c) base qualification determinations solely on th e conditions for participation that have been  
  specified in advance in notices or tender documentation.  
[...] 
4.  No procuring entity may make it a condition for participation in a procurement that a supplier has 
 previously been awarded one or more contracts by a procuring entity or that the supplier has prior work 
 experience in the territory of a Party. A procuring enti ty shall evaluate the financ ial and technical abilities 
 of a supplier on the basis of that supplier’s business activity outside the territory of the Party of the 
 procuring entity, as well as activity, if any, in the territory of the Party of the procuring entity.  
 
5.  A procuring entity shall promptly communicate to any supplier that has applied for qualification its 
 decision on whether that supplier is qualified. Where a procuring entity rejects an application for 
 qualification or ceases to recognize a supplier as qualifie d, that entity shall, on request of the supplier, 
 promptly provide a written explanation of the reasons for its action.  
 
[...]  S/WPGR/W/49/Add.1 
 Page 27 
 
 
  F. PROCEDURAL RULES REGARDING INVITATION TO PARTICIPATE  
36. Article IX of the GPA contains detailed procedural rules regardi ng invitations to participate in 
an intended procurement.  The agreements reviewed  also include specific provisions on procedures to 
be followed prior to the actual tendering process, such as the publication of a notice, as well as its 
form and content.  Overall, these provisions tend to  be less detailed than those found in the GPA.  
GPA 
Article IX: Invitation to Participat e Regarding Intended Procurement  
 
1. In accordance with paragraphs 2 and 3, entities shall publish an invitation to participate for all 
cases of intended procurement, except as otherwise provided for in Article XV (limited tendering). The 
notice shall be published in the appropriate publication listed in Appendix II. 
 
2. The invitation to participate may take the form of a notice of proposed procurement, as provided 
for in paragraph 6. 
 
3. Entities in Annexes 2 and 3 may use a notice of planned procurement, as provided for in 
paragraph 7, or a notice regarding a qualification system, as provided for in paragraph 9, as an invitation 
to participate. 
 
4. Entities which use a notice of planned procurement as an invitation to participate shall 
subsequently invite all suppliers who have expressed an  interest to confirm their interest on the basis of 
information which shall include at least the information referred to in paragraph 6. 
 
5. Entities which use a notice regarding a qualificati on system as an invitation to participate shall 
provide, subject to the considerations referred to in  paragraph 4 of Article XVIII and in a timely manner, 
information which allows all those who have expressed an interest to have a meaningful opportunity to 
assess their interest in participating in the procurement. This information shall include the information 
contained in the notices referred to in paragraphs 6 and 8, to the extent such information is available. 
Information provided to one interested supplier shall be provided in a non-discriminatory manner to the 
other interested suppliers. 
 
6. Each notice of proposed procurement, referred to in paragraph 2, shall contain the following 
information: 
 
 (a) the nature and quantity, including any options for further procurement and, if possible, an 
 estimate of the timing when such options may be  exercised; in the case of recurring contracts 
 the nature and quantity and, if possible, an estimate of the timing of the subsequent tender 
 notices for the products or services to be procured; 
 (b) whether the procedure is open or selective or will involve negotiation; 
 (c) any date for starting delivery or comp letion of delivery of goods or services; 
 (d) the address and final date for submitting an  application to be invited to tender or for 
 qualifying for the suppliers’ lis ts, or for receiving tenders, as well as the language or 
 languages in which they must be submitted; 
 (e) the address of the entity awarding the cont ract and providing any information necessary for 
 obtaining specifications and other documents; 
 (f) any economic and technical requirements, financial guarantees and information required 
 from suppliers; 
 (g) the amount and terms of payment of any sum payable for the tender documentation; and 
 (h) whether the entity is inviting offers for purchase , lease, rental or hire purchase, or more than 
 one of these methods. S/WPGR/W/49/Add.1 
Page 28  
 
   
7. Each notice of planned procurement referred to in paragraph 3 shall contain as much of the 
information referred to in paragraph 6 as is available.  It shall in any case incl ude the information referred 
to in paragraph 8 and: 
 (a) a statement that interested suppliers should express their interest in the procurement to the 
 entity; 
 (b) a contact point with the entity from which further information may be obtained. 
 
8. For each case of intended procurement, the entity shall publish a summary notice in one of the 
official languages of the WTO. The notice sha ll contain at least the following information: 
 (a) the subject matter of the contract; 
 (b) the time-limits set for the submission of tenders or an application to be invited to tender; and
 (c) the addresses from which documents relating to the contracts may be requested. 
 
9. In the case of selective tendering procedures, entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the publications listed in Appendix III a notice of the 
following: 
 (a) the enumeration of the lists maintained, including their headings, in relation to the products 
  or services or categories of products or services to be procured through the lists; 
 (b) the conditions to be fulfilled by suppliers with a view to their inscription on those lists and 
  the methods according to which each of th ose conditions will be verified by the entity  
  concerned; and 
 (c) the period of validity of the lists, and the formalities for their renewal. 
  When such a notice is used as an invitation to participate in accordance with paragraph 3, the 
  notice shall, in addition, include the following information: 
 (d) the nature of the products or services concerned; 
 (e) a statement that the notice constitutes an invitation to participate. 
  However, when the duration of the qualificati on system is three years or less, and if the  
  duration of the system is made clear in the no tice and it is also made clear that further notices 
  will not be published, it shall be sufficient to publish the notice once only, at the beginning 
  of the system. Such a system shall not be used in a manner which circumvents the provisions 
  of this Agreement. 
 
10. If, after publication of an invitation to participate in any case of intended procurement, but before 
the time set for opening or receipt of tenders as sp ecified in the notices or the tender documentation, it 
becomes necessary to amend or re-i ssue the notice, the amendment or th e re-issued notice shall be given 
the same circulation as the orig inal documents upon which the amendment is based. Any significant 
information given to one supplier with respect to a particular intended procurement shall be given 
simultaneously to all other suppliers concerned in adequate time to permit the suppliers to consider such 
information and to respond to it. 
 
11. Entities shall make clear, in the notices referred to in this Article or in the publication in which the 
notices appear, that the procuremen t is covered by the Agreement. 
 
 
37. In the agreements concluded by the US , the procedural rules focus on the requirement to 
publish a notice inviting tenders or applications to  submit tenders, and the types on information that 
need to be contained (i.e., name and address of th e procuring entity;  description of procurement and 
conditions for participation;  and address and time limits for the s ubmission of tenders, applications 
and goods and services).  In addition, it is usually specified that the notice is to be published in widely 
disseminated electronic or paper media, and pr ocuring entities are encouraged to publish their 
procurement plans as early as possible in each fiscal year.   
38. It should be noted that there are, however, so me differences between the US agreements.  For 
instance, in CAFTA-DR (Article 9.4), there is no requirement specifying publication through widely 
disseminated electronic or paper media.  Whilst in US-Peru (Article 9.4), it is sp ecified that procuring  S/WPGR/W/49/Add.1 
 Page 29 
 
 
  entities are encouraged to publish electronically thro ugh a single point of entry.  In the agreements 
between US-Bahrain (Article 9.4);  US-Peru (Article 9.4);  and US-Oman  (Article 9.4) the 
procurement method used is to be specified in the notice but this requirement does not appear in the 
other agreements. An example from US-Bahrain is provided below. 
US-Bahrain 
Article 9.4: Publication of Notice of Intended Procurement and Notice of Planned Procurement  
 
Notice of Intended Procurement  
1. For each covered procurement, a procuring entity sh all publish a notice inviting interested suppliers to 
 submit tenders (“notice of intended procurement”) or, where appropriate, applications for participation 
 in the procurement. The notice shall be published in an electronic or paper medium that is widely 
 disseminated and readily accessible to the public fo r the entire period established for tendering.  
 
2. A procuring entity shall include the following information in each notice of intended procurement:  
 
 (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;  
 (b) a description of the procurement and any conditions for participation;  
 (c) the time frame for the delivery of goods or services;  
 (d) the procurement method that will be used; and  
 (e) the address and the time limit for the submissi on of tenders, and, wher e appropriate, any time 
  limit for the submission of an application for participation in a procurement.  
 
Notice of Planned Procurement  
 
3. Each Party shall encourage its procuring entities to publish as early as possibl e in each fiscal year a 
 notice regarding the procuring entity’s procurement plans. The notice should include the subject matter 
 of any planned procurement and the estimated date of the publication of the notice of intended 
 procurement. Where the notice is published in accor dance with Article 9.5.2( a), a procuring entity may 
 apply Article 9.5.2 for the purpose of establishing shorter time limits for tendering for covered 
 procurements. 
 
39. The relevant provisions in Peru-Singapore  (Article 9.9) and Canada-Peru  (Article 1405) 
contain provisions on intended procurement that ar e similar to the US agreements.  While the 
requirement to publish notices of intended procurement is also contained in Australia-Chile 
(Article 15.8), there is less detail on their form and content.  A dis tinction is however made between 
notices for open and selective tendering procedures.  In the case of open tendering procedures, the 
notices must be accessible for the entire period established for tendering. 
Peru-Singapore 
Article 9.9 : Publication of Notice of Intended Procurement  
 
1. For each procurement covered by this Chapter, a procuring entity shall publish in advance a notice 
 inviting all interested suppliers to submit tenders for that procurement (“notice of intended 
 procurement”), except as otherwise provided in Article 9.13. This notice shall be published in an 
 officially designated electronic medium listed in Annex 9B (Officially Designated Electronic Media for 
 the Publication of Information on Government Pr ocurement). Each such notice shall be accessible 
 during the entire period established for tendering for the relevant procurement. 
 
2. Each notice of intended procurement shall include a description of the intended procurement, any 
 conditions that suppliers must fulfil to participate in the procurement, the name of the procuring entity 
 issuing the notice, the address and contact where suppliers may obt ain all documents relating to the 
 procurement, the time limits for submission of tenders and the dates for delivery of the goods or 
 services to be procured. S/WPGR/W/49/Add.1 
Page 30  
 
  3. Each Party shall encourage its procuring entities to  publish, as early as poss ible in the fiscal year, 
 information regarding the procuring entity’s indicative procurement plans published in an officially 
 designated electronic medium listed in Annex 9B (Officially Designated El ectronic Media for the 
 Publication of Information on Government Procurement). Where such information is published, a 
 procuring entity may apply Article 9.10 (Time Limi ts for the Tendering Process) for the purpose of 
 establishing shorter time limits for tendering. 
 
 
Australia-Chile 
Article 15.8: Publication of Notice of Intended Procurement  
 
1. In an open tendering procedure,  a procuring entity shall publish a notice inviting interested suppliers to 
 submit tenders (“notice of intended procurement”) in such a way as to be readily accessible to any 
 interested supplier of the other Party for the entire period established for tendering. 
 
2. Each notice of intended procurement shall include a description of the intended procurement, any 
 conditions that suppliers must fulfil to participate in the procurement, the name of the procuring entity, 
 the address where suppliers may obt ain all documents relating to the procurement and the time limits 
 for submission of tenders. 
 
3. Where, in a selective tendering procedure, a pr ocuring entity publishes a notice inviting applications 
 for participation in a procurement, that notice shall be published in such a way as to be readily 
 accessible to any interested supplier of the other Party. 
 
 
40. In EC-CARIFORUM invitations to participate are contained in Article 168 on 
"Transparency of Government Procurement" whic h combines elements from Articles IX and XVII of 
the GPA. Detailed provisions are set out on the publica tion of laws, regulations, and judicial decisions 
and administrative rulings regarding procuremen t covered by the agreement, as well as on the 
publication and dissemination of tendering opportuniti es.  The requirements on the form and content 
of notices are generally similar to Article IX of the GPA and the agreements concluded by the US 
with provisions on the on-line dissemination of tendering opportunities, specification of procurement method, and the publication of future procurement plans.  
G. T
IME LIMITS FOR TENDERING AND DELIVERY  
41. As was observed in S/WPGR/W/49, the reviewed agreements mostly contain specific 
prescriptions concerning time limits for the prepara tion, submission and receipt of tenders before the 
closure of tendering procedures.  With some differe nces in detail, these provisions tend to replicate 
the requirements specified in Article XI of the GPA.  
GPA 
Article XI: Time-limits for Tendering and Delivery  
General  
1. (a) Any prescribed time-limit shall be adequate  to allow suppliers of other Parties as well as 
domestic suppliers to prepare and submit tenders before the closing of the tendering 
procedures. In determining any such time-limit, entities shall, consistent with their own 
reasonable needs, take into account such factors as the complexity of the intended 
procurement, the extent of subcontracting an ticipated and the normal time for transmitting 
tenders by mail from foreign as well as domestic points. 
 (b) Each Party shall ensure th at its entities shall take due acco unt of publication delays when 
setting the final date for receipt of tenders or  of applications to be invited to tender.  S/WPGR/W/49/Add.1 
 Page 31 
 
 
  Deadlines  
2. Except in so far as provided in paragraph 3, 
 (a) in open procedures, the period for the receipt of tenders shall not be less than 40 days from the 
  date of publication referred to  in paragraph 1 of Article IX; 
 (b) in selective procedures not involving the use of a permanent list of qualified suppliers, the 
  period for submitting an application to be invited to tender shall not be less than 25 days from 
  the date of publication referred to in paragr aph 1 of Article IX; the period for receipt of  
  tenders shall in no case be less than 40 days from the date of issuance of the invitation to  
  tender; 
 (c) in selective procedures involving the use of a permanent list of qualified suppliers, the period 
  for receipt of tenders shall not be less than 40 days from the date of  the initial issuance of  
  invitations to tender, whether or not the date of initial issuance of invitations to tender  
  coincides with the date of the publicatio n referred to in paragraph 1 of Article IX. 
3. The periods referred to in paragraph 2 may be reduced in the circumstances set out below: 
 (a) if a separate notice has been published 40 days and not more than 12 months in advance and 
the notice contains at least: 
  (i) as much of the information referred to in  paragraph 6 of Article IX as is available; 
  (ii) the information referred to  in paragraph 8 of Article IX; 
  (iii) a statement that interested suppliers should express their interest in the procurement 
   to the entity; and 
  (iv) a contact point with the entity from which further information may be obtained, the 
   40-day limit for receipt of tenders may be replaced by a period  sufficiently long to 
   enable responsive tendering, which, as a general rule, shall not be less than 24 days, 
   but in any case not less than 10 days; 
 (b) in the case of the second or subsequent publications dealing with contracts of a recurring  
  nature within the meaning of paragraph 6 of Ar ticle IX, the 40-day limit for receipt of tenders 
  y be reduced to not less than 24 days; 
 (c) where a state of urgency duly substantiated by the entity renders impracticable the periods in 
  question, the periods specified in paragraph 2 may be reduced but shall in no case be less than 
  10 days from the date of the publication referred to in paragraph 1 of Article IX; or 
 (d) the period referred to in paragraph 2(c) may,  for procurements by entities listed in Annexes 2 
  and 3, be fixed by mutual agreement between the entity and the selected suppliers. In the  
  absence of agreement, the entity may fix peri ods which shall be suffic iently long to enable 
  responsive tendering and shall in any case not be less than 10 days. 
4. Consistent with the entity’s own reasonable need s, any delivery date sha ll take into account such 
 factors as the complexity of th e intended procurement,  the extent of subcontracting anticipated and 
 the realistic time required for production, de-sto cking and transport of goods from the points of 
 supply or for supply of services. 
 
 
42. While the actual time limits may differ, all re viewed agreements contain a general provision 
specifying that suppliers of another party should ha ve adequate time to submit applications or tenders 
before procedures are closed.  In the  agreements concluded by the US , the provisions on time limits 
are generally similar to the GPA, with some differe nces in terms of the level of detail and the number S/WPGR/W/49/Add.1 
Page 32  
 
  of days.  In  US-Australia (Article 15.5), the GPA Article XI time limit of no less than 40 days for the 
receipt of tenders is reduced to 30 days.  It is further specified that should selective procedures be 
used, time limits should be included in the notice except where a notice of multi-use lists has been 
readily accessible in electronic form for a reasonable period.   
43. In US-Peru (Article 9.5), the time limit for tending may be reduced to 30 days if the notice of 
procurement was published electronically and the tender documentation concu rrently available in 
electronic medium.  In all the agreements, certain ci rcumstances are specified that may allow the time 
for the receipt of tenders to be less than 40 days
20 but in no case less than 10 days.  These include the 
procurement of commercial goods and services, and th e use of electronic media.  Also with the 
exception of US-Morocco (Article 9.5)  and CAFTA-DR (Article 9.5), a procuring entity shall 
require all participating suppliers to submit tenders by a common deadline.   
US-Australia 21 
Article 15.5 : Time limits  
 
1. A procuring entity shall prescribe time limits for tendering that allow suppliers adequate time to submit 
 applications or requests to participate in a covered procurement, including pursuant to Article 15.7.7(b) 
 and (c), and to prepare and submit responsive tenders, taking into account the nature and complexity of 
 the procurement.  
 
2. Except as provided for in paragraphs 3 and 4, a procuring entity shall establish that the final date for 
 the submission of tenders shall not be less than 30 days:  
 
 (a) from the date on which the notice of intended procurement is published; or  
 (b) where the entity has used selective tenderi ng, from the date on which the entity invites 
 suppliers to submit tenders.  
 
3. Under the following circumstances, a procuring entity  may establish a time limit for tendering that is 
 less than 30 days, provided that such time limit is sufficiently long to enable suppliers to prepare and 
 submit responsive tenders and is in no case less than ten days:  
 
 (a) where the procuring entity published a separate notice, including a notice of planned  
  procurement under Article 15.4.3 at least 30 days and not more than 12 months in advance, 
  and such separate notice contains a description of the procurement, the time limits for the  
  submission of tenders or, where appropriate, applications for participation in a procurement, 
  and the address from which documents relating to the procurement may be obtained;  
 (b) where the procuring entity procures commercial goods or services;  
 (c) in the case of second or subsequent publi cation of notices for proc urement of a recurring  
  nature; or  
 (d) where a state of urgency duly substantiate d by the procuring entity renders impracticable the 
  time limits specified in paragraph 1.  
 
4. When a procuring entity publishes a notice of intended procurement in accordance with Article 15.4 in 
 an electronic medium, or, in the case of selective tendering, issues an invitation to tender via an 
 electronic medium and provides, to the extent pr acticable, the tender docum entation via an electronic 
 medium, the procuring entity may reduce the time limit for submission of a tender by up to five days. 
 In no case shall the procuring entity reduce either time limit to less than ten days from the date on 
 which the notice of intended procurement is published.  
                                                      
20 Or 30 days in the case of US-Australia.  
21 ...  S/WPGR/W/49/Add.1 
 Page 33 
 
 
   
5. Where a procuring entity intends to limit the submi ssion of tenders to all suppliers that the entity has 
 determined have satisfied the conditions for participation, except where a notice of a multi-use list has 
 been readily accessible in electronic form for a reasonable period, the en tity shall include in an 
 invitation to tender the time limit for submitting applications. Any conditions for participation in a 
 tendering procedure shall be published sufficiently in advance to enable interested suppliers of the 
 other Party to initiate and, to the extent that it is compatible with the efficient operation of the 
 procurement process, complete the registration and qualification procedures within the time allowed for 
 tendering.  
 
6. A procuring entity shall require all participating suppliers to s ubmit tenders in accordance with a 
 common deadline. For greater certainty, this requirement also applies where:  
 
 (a) as a result of a need to amend information provided to suppliers during the procurement  
  process, the procuring entity extends the time limit for qualification or tendering procedures; 
 or  
 
 (b) negotiations are terminated and suppliers are permitted to submit new tenders. 
 
44. Time limits in EC-CARIFORUM  are less detailed than those contained in Article XI of the 
the GPA and only provide for general principles su ch as common deadlines and time limits that are 
consistent with a procuring entities reas onable needs.  The agreement between Peru and Singapore  
reduces the time limit for the submission of tenders from the GPA benchmark of 40 days to 21 days.  
Under certain circumstance and where there are no qualification requirements for suppliers, the time 
limit may be less than 21 days but in no case less than 10 days.  The circumstances allowing such reductions are similar to tho se under Article XI:3.  In the Australia-Chile  and Canada-Peru 
agreements,  the time limits and conditions are similar to the US-Australia agreement.  However, in 
the event of the use of electronic media, the time limit may only be reduced by five days. 
EC- CARIFORUM 
Article 178  
 
Time limits  
 
1. In determining any time limits to be applied to pr ocurement covered by the Chapter, procuring entities 
 shall, consistent with their own reasonable needs take  into account such factors as the complexity of the 
 intended procurement and the normal time for transmitting tenders.. 
 
2. The Parties and the Signatory CARIFORUM States shall ensure that their procuring entities shall take due 
 account of publication delays when setting the final date for receipt  of tenders or of request for 
 participation or for qualifying for the supplier's list. Such time limits, including any extension, shall be 
 common for all interested or participating suppliers. 
 
3. Procuring entities shall clearly set out the time limits applicable to any specific procurement in the notice 
 of intended procurement and/or tender documents.  
 
 
Peru-Singapore 
Article 9.10 : Time limits for the tendering process  
 
1. A procuring entity shall prescribe time limits for the tendering process that allows sufficient time for 
 suppliers to prepare and submit responsive tenders, taking into account the nature and complexity of 
 the procurement. A procuring entity shall provide no less than twentyone (21) days between the date on 
 which it publishes the notice of intended procurement and the deadline for submitting tenders. 
 S/WPGR/W/49/Add.1 
Page 34  
 
  2. Notwithstanding paragraph 1, where there are no qualification requirements for suppliers, a procuring 
 entity may establish a time limit of less than twen tyone (21) days, but in no case less than ten (10) 
 days, in the following circumstances:  
 
(a) where the procuring entity has published a separate notice containing the information  
  specified in paragraph 3 of Article 9.9 (Publi cation of Notice of Intended Procurement) in an 
  officially designated electro nic medium listed in Annex 9B (Officially Designated Electronic 
  Media for the Publication of Information on Government Procurement) at least twentyone 
  (21) days and not more than twelve (12) months in advance; 
 (b) in the case of the second or subsequent publication of notices for procurement of a recurring 
  nature; 
(c) where a state of urgency duly substantiated by the procuring entity renders the time limit  
  specified in paragraph 1 impracticable; or  
(d) where the procuring entity has published a notice of intended procurement by electronic  
  means in an officially designated electronic medium listed in Annex 9B (Officially  
  Designated Media for the Publication of Information on Government Procurement). 
 
 
Australia-Chile 
Article 15.10: Time Limits  
 
1. A procuring entity shall prescribe time limits for tendering that allow sufficient time for suppliers to 
 prepare and submit responsive tenders, taking into account the nature and complexity of the 
 procurement and the efficient operation of th e procurement process. The time allowed for the 
 submission of tenders shall not be set with the intention of causing a competitive disadvantage for 
 suppliers of the other Party, or suppliers offering goods or services of the other Party, in submitting 
 tenders in accordance with the requirements set out in the tender documentation.  
 
2. Except as provided for in paragraphs 3 and 4, a procuring entity shall provide that the final date for the 
 submission of tenders shall not be less than 30 days:  
 (a) from the date on which the notice of intended procurement is published; or 
 (b) where the procuring entity has used selective tendering, from the date on which the entity 
  invites suppliers to submit tenders. 
 
3. Under the following circumstances, a procuring entity  may establish a time limit for tendering that is 
 less than 30 days, provided that such time limit is sufficiently long to enable suppliers to prepare and 
 submit responsive tenders and is in no case less than 10 days: 
 (a) where the procuring entity published a separate notice, including a notice of planned  
  procurement under Article 15.9 at least 30 days and not more than 12 months in advance, and 
  such separate notice contains: 
 (i) a description of the procurement; 
 (ii) the time limits for the submission of te nders or, where appropri ate, applications for 
   participation in a procurement; and 
 (iii) the address from which documents re lating to the procurement may be obtained; 
 (b) where the procuring entity procures commercial goods or services that  are sold or offered for 
  sale to, and customarily purchased and used by, non-governmental buyers for non- 
  governmental purposes, including goods and services with modifications customary in the 
  commercial marketplace, as well as minor modi fications not customarily available in the  
  commercial marketplace;  
 (c) in the case of second or subsequent publi cation of notices for proc urement of a recurring  
  nature; 
 (d) where a state of urgency duly substantiate d by the procuring entity renders impracticable the 
  time limits specified in paragraph 2; or 
 (e) when the intended procurement is for good s or services which can be easily and objectively 
  specified and which reasonably imply less effort in the preparation and submission of  
  responsive tenders. 
  S/WPGR/W/49/Add.1 
 Page 35 
 
 
  4. A procuring entity may reduce the time limit for submission of a tender by up to five days when it: 
 (a) publishes a notice of intended procurement in an electronic medium; or 
 (b) in the context of a selective tendering procedure, issues an invitation to tender via an  
  electronic medium;  and provides, to the exte nt practicable, the tender documentation via an 
  electronic medium. 
 
5. The application of paragraph 4 shall in no case result in the time limit for submissions being reduced to 
 less than 10 days.  
 
6. A procuring entity shall require all participating suppliers to s ubmit tenders in accordance with a 
 common deadline. 
 
H. TENDER DOCUMENTATION  
45. Provisions on tender documentation in the revi ewed agreements are modelled on the GPA 
Article XII but are generally less detailed.  In th e GPA, the procuring entit y has a general obligation 
to provide suppliers with all information n ecessary to submit responsive tenders.  Types of 
information to be provided include the address of th e entity where tenders should be sent, the criteria 
for awarding the contract, or the terms of pa yment.  Entities also need to forward tender 
documentation to any supplier participating in open  tendering procedures or requesting to participate 
in selective tendering procedures.  Any reasonable re quest for explanation shall be provided promptly, 
provided it does not provide a supplier with an a dvantage over its competitors in the process.  
GPA 
Article XII  
Tender Documentation 
 
1. If, in tendering procedures, an entity allows tenders  to be submitted in seve ral languages, one of those 
 languages shall be one of the official languages of the WTO. 
 
2. Tender documentation provided to suppliers shall cont ain all information necessary to permit them to 
 submit responsive tenders, including information re quired to be published in the notice of intended 
 procurement, except for paragraph 6(g) of Article IX, and the following: 
 
 (a) the address of the entity to which tenders should be sent; 
 (b) the address where requests for supplementary information should be sent; 
 (c) the language or languages in which tenders  and tendering documents must be submitted; 
 (d) the closing date and time for receipt of tenders and the length of time during which any tender 
  should be open for acceptance; 
 (e) the persons authorized to be present at the opening of tenders and the da te, time and place of this 
  opening; 
 (f) any economic and technical requirement, fina ncial guarantees and information or documents  
  required from suppliers;  
 (g) a complete description of the products or services required or of any requirements including 
  technical specifications, conformity certification to be fulfilled, necessary plans, drawings and 
  instructional materials; 
 (h) the criteria for awarding the contract, includi ng any factors other than price that are to be  
  considered in the evaluation of tenders and the cost elements to be included in evaluating tender 
  prices, such as transport, insurance and inspection costs, and in the case of products or services 
  of other Parties, customs duties and other import charges, taxes and currency of payment; 
 (i) the terms of payment; 
 (j) any other terms or conditions; 
 (k) in accordance with Article XVII the terms and conditions, if any, under which tenders from  
  countries not Parties to this Agreement, but which apply the procedures of that Article, will be 
  entertained.   S/WPGR/W/49/Add.1 
Page 36  
 
   
Forwarding of Tender Documentation by the Entities  
 
3. (a) In open procedures, entities shall forward the tender documentation at the request of any supplier 
  participating in the procedure, and shall reply promptly to any reasonable request for  
  explanations relating thereto. 
 (b) In selective procedures, en tities shall forward the tender documentation at the request of any 
  supplier requesting to participate, and shall reply promptly to any reasonable request for  
  explanations relating thereto. 
 (c) Entities shall reply promptly to any reasonabl e request for relevant information submitted by a 
  supplier participating in the tendering procedur e, on condition that such information does not 
  give that supplier an advantage over its competitors in the procedure for the award of the  
  contract. 
 
 
46. All the agreements involving the US  as a party generally follow the same model on tender 
documentation with some slight variations.  The ty pes of information to be provided to the supplier 
are similar to the GPA but are less detailed.  Fo r instance, there are no conditions on the languages 
used in the submission of tenders nor on the forw arding of tender documentation by the entities.  
However, the conditions include certain requireme nts that are not found in the GPA such as the 
specification of the relative importance of the criteria used in the award of contacts (except in the case 
where price is the determinative factor).22  Also included are provisions in the event that a procuring 
entity modifies the criteria or technical requirements set out in a notice or tender documentation.    
US-Bahrain23 
Article 9.6: I nformation on Intended Procurements  
 
Tender Documentation  
 
1. A procuring entity shall provide to any interested supplier tender documentation that includes all 
 information necessary to permit suppliers to prep are 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, scope,  and, where quantifiable, the quantity of the 
 goods or services to be procured and any requirements to be fulfilled, including any technical 
 specifications, conformity certif ications, plans, drawings, or instructional materials;  
(b) any conditions for participation, including any financial guarantees, information, and  
  documents that suppliers are required to submit;  
(c) all criteria, including all cost factors, to be  considered in awarding the contract, and the  
  relative importance of such criteria;  
(d) the date, time, and place for the opening of tenders; and  
(e) any other terms or conditions, including term s of payment, relating to the procurement.  
 
2. A procuring entity shall promptly:  
 
(a) provide, on request, the tender documentation to any supplier participating in the  
  procurement; and  
 
(b) reply to any reasonable request for relevant information by a supplier participating in the 
  procurement, provided that such information does not give that supplier an advantage over its 
 competitors in the procurement. 
(...) 
                                                      
22 The requirement on the "relative importance" of criteria is not specified in US-Australia. 
23 An example of the model used in the agreements involving the US.  As explained above, it should be 
noted that there are some variations across agreements.   S/WPGR/W/49/Add.1 
 Page 37 
 
 
  Modifications  
 
8. If, during the course of a procurement, a procuring entity modifies the criteria or technical requirements 
 set out in a notice or tender documentation provided to participating suppliers, or amends or reissues a 
 notice or tender documentation, it shall transmit all such modifications or amended or re-issued notice 
 or tender documentation:  
  
(a) to all the 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  
(b) in adequate time to allow such suppliers to modify and re-submit their tenders, as appropriate. 
 
47. In CAFTA-DR , the provisions on tender documentation (A rticle 9.6) do not list the types of 
information to be provided but includes the condition on the relative importance of criteria used in the 
award of contracts and the modification of criteria,  with an additional flexibility allowing each Central 
American Party and the Dominican Republic to make such modifications before  tenders are opened.  
The United States may make such modifications before awarding the contract. 
CAFTA-DR 
Article 9.6: Tender Documentation  
 
1. A procuring entity shall provide to interested suppliers tender documentation that includes all 
 information necessary to permit suppliers to prepare and submit responsive tenders. The documentation 
 shall include all criteria that the procuring entity will consider in awarding the contract, including all 
 cost factors, and the weights or, where appropriat e, the relative values, that the entity will assign to 
 these criteria in evaluating tenders.  
 
2. A procuring entity may satisfy paragraph 1 by publishing the documentation by electronic means 
 accessible to all interested suppliers. Where a pr ocuring entity does not publish tender documentation 
 by electronic means accessible to all interested supp liers, the entity shall, on request of any supplier, 
 promptly make the documentation available in written form to the supplier.  
 
3. Where a procuring entity, in the course of a procurement, modifies the criteria referred to in 
 paragraph 1,1 it shall transmit all such modifications in writing:  
 
 (a) to all suppliers that are participating in the pr ocurement at the time the criteria are modified, if 
  the identities of such suppliers are known, an d in cases where the identities of suppliers  
  participating are not known, in the same manne r as the original information was transmitted; 
 and  
 (b) in adequate time to allow the suppliers to modify and re-submit their tenders, as appropriate.  
 
___________________________________ 
 
1 Each Central American Party and the Dominican Republic may make such modifications before tenders are opened. The United States  
may make such modifications before awarding the contract.    
 
48. The agreement between Canada and Peru  (Article 1407) contain provisions on tender 
documentation that are similar to those found in the agreements involving the US.  Similar provisions 
in other agreements are couched in more general terms.  In Australia-Chile (Article 15.11), there is a 
general obligation to include all the informati on necessary to prepare and submit responsive tenders, 
and all criteria used in awarding contacts but the typ es of information to be provided are not listed.  
There is a similar obligation in Peru-Singapore (Article 9.11) with the additional requirement that 
tender documentation should be made  available on the internet or a comparable publicly available 
computer-based telecommunications network.  S/WPGR/W/49/Add.1 
Page 38  
 
   
Canada-Peru 
Article 1407: Technical Specifica tions and Tender Documentation  
 
Tender Documentation 
 
6. A procuring entity shall make available to suppliers tender documentation that includes all information 
 necessary to permit suppliers to prepare and subm it 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 and the quantity of the goods or services to be procured 
  or,where the quantity is not known, the estimated quantity and any requirements to be  
  fulfilled, including any technical specifications , conformity assessment certification, plans, 
  drawings, or instructional materials; 
 (b) any conditions for participation of suppliers, including a list of information and documents 
  that suppliers are required to submit in co nnection with the conditions for participation; 
 (c) all evaluation criteria to be considered in th e awarding of the contract , and, except where price 
  is the sole criterion, the relative importance of such criteria; 
 (d) where there will be a public opening of tend ers, the date, time, and place for the opening of 
  tenders;  and  
 (e) any other terms or conditions relevant to the evaluation of tenders. 
 
7. A procuring entity shall promptly reply to any reas onable request for relevant information by a supplier 
 participating in a procurement covered by this Chapter, except that the entity shall not make available 
 information with regard to a specific procurement in a manner that would give the requesting supplier 
 an advantage over its competitors in the procurement.  
 
Modifications 
 
8. Where a procuring entity, prior to the award of a co ntract, modifies the criteria or requirements set out 
 in the notice of intended procurement or tender documentation provided to participating suppliers, or 
 amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications, 
 amended or re-issued notice or tender documentation:  
 (a) to all suppliers that are participating in the procurement at the time of the modification,  
  amendment or re-issuance, where such suppliers are known to the procuring entity, and in all 
  other cases, in the same manner as the or iginal information was made available; and 
 (b) in adequate time to allow such suppliers to modify and submit amended tenders, as  
  appropriate. 
 
 
Australia-Chile 
Article 15.11: Tender Documentation  
 
1. A procuring entity shall provide on request to any supplier participating in a covered procurement or 
 promptly publish, tender document ation that includes all the informa tion necessary to permit suppliers 
 to prepare and submit responsive tenders. The do cumentation shall include all criteria that the 
 procuring entity will consider in awarding the contract. 
 
2. Where a procuring entity, during the course of a covered procurement, modifies a notice or tender 
 documentation provided to participating suppliers, it shall publish or transmit all such modifications in 
 writing: 
(a) to all suppliers that are participating in the procurement at the time the notice or tender  
 documentation is modified, if the identities of such suppliers are known, and in all other cases, 
  in the same manner as theoriginal information was transmitted; and  
(b) in adequate time to allow such suppliers to modify and re-submit their tenders, as appropriate. 
  S/WPGR/W/49/Add.1 
 Page 39 
 
 
  3. A procuring entity shall promptly reply to any reasonable request for relevant information by a supplier 
 participating in the procurement. A procuring entity  may establish a reasonable time limit to request the 
 relevant information. 
 
4. Procuring entities shall not provide information with regard to a specific procurement in a manner 
 which would have the effect of giving a poten tial supplier an unfair advantage over competitors. 
 
Peru-Singapore 
Article 9.11 : Tender Document ation and Technical Specifications  
 
Tender Documentation 
 
1. A procuring entity shall provide interested suppliers with tender documentation that includes all the 
 information necessary to permit suppliers to prepare and submit responsive tenders. The documentation 
 shall include all the criteria that the procuring entity  will consider in awarding the contract, including 
 all cost factors, and the weights or,where appropri ate, the relative values that the procuring entity will 
 assign to these criteria in evaluating tenders. 
 
2. To the extent possible, a procuring entity should make available relevant tender documentation on the 
 internet or a comparable publicly available computer based telecommunications network openly 
 accessible to all suppliers. Where a procuring entity does not publish all the tender documentation by 
 electronic means, the entity shall, on request of  any supplier, promptly make the documentation 
 available in written form to the supplier. 
 
 
49. In EC-CARIFORUM , there is a section on transparency of government procurement 
(Article 168) which contains a gene ral obligation to provide eligible suppliers with all the information 
required to take part in a procurement and submit resp onsive tenders.  It is further specified that where 
entities do not offer free direct access to tender docum entation by electronic means, the information 
shall be made available on request.  A list of the minimum information to be provided in an intended 
procurement is included under this section and covers elements similar to those found in Article XII 
of the GPA.   
EC-CARIFORUM 
Article 168  
 
Transparency of government procurement 
 
[...] 
 
2. The Parties and the Signatory CA RIFORUM States shall ensure that their procuring entities provide for 
 effective dissemination of the tendering opportunities generated by the relevant government processes, 
 providing eligible suppliers with all the informati on required to take part in such procurement. Each 
 Party shall set up and maintain an appropriate on- line facility to further the effective dissemination of 
 tendering opportunities. 
 
(a) Tender documentation provided to suppliers shall contain all information necessary to permit 
  them to submit responsive tenders.  
 
(b) Where entities do not offer free direct access to the entire tender documents and any  
  supporting documents by electronic means, entities shall make promptly available the tender 
  documentation at the request of any eligible supplier of the Parties. 
 
 S/WPGR/W/49/Add.1 
Page 40  
 
  I. A
WARD OF CONTRACTS  
50. In all of the reviewed agreements there are ob ligations on the submission, receipt, opening of 
tenders and awarding of contracts, which corr espond to Article XIII and XVIII GPA.  In these 
agreements, while the provisions may be organised  under different sections (i.e., such as "information 
to suppliers", "publication of awar d information", "provision of info rmation to the other Party", and 
"maintenance of records"), as comp ared to the GPA, the substantive obligations often remain similar. 
For instance, in the agreements involving the US, Canada-Peru (Article 1410) and Australia-
Chile (Article 15.16) , under the section on the award of contract, the procuring entity is required to 
maintain records for a period of three years after th e award, while in the GPA this obligation is found 
under Article XX:4 on challenge procedures. 
 
GPA  
Article XIII  
 
Submission, Receipt and Opening of Tenders and Awarding of Contracts 
 
1. The submission, receipt and opening of tenders and awarding of contracts shall be consistent with the 
 following: 
 
 (a) tenders shall normally be submitted in writing directly or by mail.  If tenders by telex,  
  telegram or facsimile are permitted, the tend er made thereby must include all the information 
  necessary for the evaluation of the tender, in particular the definitive price proposed by the 
  tenderer and a statement that the tenderer agrees  to all the terms, conditions and provisions of 
  the invitation to tender.  The tender must be confirmed promptly by letter or by the despatch 
  of a signed copy of the telex, telegram or facsimile.  Tenders presented by telephone shall not 
  be permitted.  The content of the telex, telegram or facsimile shall prevail where there is a 
  difference or conflict between that content and any documentation r eceived after the time-
  limit;  and 
  (b) the opportunities that may be given to tend erers to correct unintentional errors of form  
   between the opening of tenders and the awarding of the contract shall not be permitted to give 
   rise to any discriminatory practice. 
 
Receipt of Tenders  
 
2. A supplier shall not be penalized if a tender is  received in the office designated in the tender 
 documentation after the time specified because of delay due solely to mishandling on the part of the 
 entity.  Tenders may also be considered in other exceptional circumstances if the procedures of the 
 entity concerned so provide. 
 
Opening of Tenders 
 
3. All tenders solicited under open or selective proc edures by entities shall be received and opened under 
 procedures and conditions guaranteeing the regular ity of the openings.  Th e receipt and opening of 
 tenders shall also be consistent with the national treatment and non-discrimination provisions of this 
 Agreement.  Information on the opening of tenders shall remain with the entity concerned at the 
 disposal of the government authorities responsible for the entity in order that it may be used if required 
 under the procedures of Articles XVIII, XIX, XX and XXII.  
  S/WPGR/W/49/Add.1 
 Page 41 
 
 
  Award of Contracts 
 
4.  (a) To be considered for award, a tender must, at the time of opening, conform to the essential 
  requirements of the notices or tender docu mentation and be from a supplier which complies 
  with the  conditio ns for participation.  If an entity has received a tender abnormally lower than 
  other tenders submitted, it may enquire with the tenderer to ensure that it can comply with the 
  conditions of participation and be capable of fulfilling the terms of the contract. 
 
 (b) Unless in the public interest an entity decides not to issue the contract, the entity shall make 
  the award to the tenderer who has been determined to be fully capable of undertaking the  
  contract and whose tender, whether for domestic products or services, or products or  
  services of other Parties, is either the lowest tender or the tender which in terms of the specific 
  evaluation criteria set forth in the notices or tender documentation is determined to be the 
  most advantageous. 
 
 (c) Awards shall be made in acco rdance with the criteria and essen tial requirements specified in 
  the tender documentation. 
 
Option Clauses 
 
5. Option clauses shall not be used in a manner which circumvents the provisions of the Agreement. 
 
 
 
US-Peru   
Article 9.9  
 
Treatment of Tenders and Awarding of Contracts 
 
Receipt and Opening of Tenders  
 
1. A procuring entity shall receive and open all tenders under procedures that guarantee the fairness and 
 impartiality of the procurement process.  
 
2. A procuring entity shall treat tenders in confidence until at least the opening of the tenders. In 
 particular, the procuring entity shall not provide info rmation to particular suppliers that might prejudice 
 fair competition between suppliers.  
 
3. Where a procuring entity provides suppliers with an opportunity to co rrect unintentional errors of form 
 between the opening of tenders and the awarding of the contract, the entity shall provide the same 
 opportunity to all participating suppliers.  
 
Awarding of Contracts  
 
4.  A procuring entity shall require that, in order to be considered for an award, a tender must be 
 submitted: (a) in writing and, at the time of openin g, must conform to the essential requirements and 
 evaluation criteria specified in the notices and tender documentation; and (b) by a supplier that satisfies 
 any conditions for participation. 5. Unless a procuring entity determines that it is not in the public 
 interest to award a contract, the entity shall awar d the contract to the supplier that the entity has 
 determined satisfies the conditions for participation and is fully capable of u ndertaking the contract and 
 whose tender is determined to be the lowest price or the most advantageous solely on the basis of the 
 requirements and evaluation criteria specified  in the notices and tender documentation.  
 
6.  A procuring entity may not cancel a procurement or  terminate or modify awarded contracts in a manner 
 that circumvents this Chapter.  
 S/WPGR/W/49/Add.1 
Page 42  
 
  Information Provided to Suppliers  
 
7. A procuring entity shall promptly inform suppliers that have submitted tenders of its contract award 
 decision. Subject to Article 9.13, a procuring entity shall, on request, provide  an unsuccessful supplier 
 with the reasons that the entity did not select that supplier’s tender and the relative advantages of the 
 successful supplier’s tender.  
 
Publication of Award Information  
 
8. Not later than 60 days after an award, a procuring entity shall publish in an officially designated 
 publication, which may be in either an electronic or paper medium, a notice that includes at least the 
 following information about the contract:  
 
(a) the name and address of the procuring entity;  
(b) a description of the goods or services procured;  
(c) the date of award;  
(d) the name and address of the successful supplier; 
(e) the contract value; and  
(f) the procurement method used and, in cases where a procedure has been used pursuant to  
  Article 9.8.1, a description of the circumstances justifying the use of such procedure.  
 
Maintenance of Records 
 
9.   A procuring entity shall maintain reports and records of tendering procedures relating to covered 
 procurements, including the reports provided for in Article 9.8.2, and shall retain such reports and 
 records for a period of at least thr ee years after the award of a contract. 
 
 
GPA  
Article XVIII  
 
Information and Review as Regards Obligations of Entities 
 
1. Entities shall publish a notice in the appropriate publication listed in Appendix II not later than 72 days 
 after the award of each contract under Articles XIII through XV.  These notices shall contain: 
 (a) the nature and quantity of products  or services in the contract award; 
 (b) the name and address of the entity awarding the contract; 
 (c) the date of award; 
 (d) the name and address of winning tenderer; 
 (e) the value of the winning award or the highest and lowest offer taken into account in the award of 
  the contract;   
 (f) where appropriate, means of identifying the notice issued under paragraph 1 of Article IX or 
  justification according to Article XV for the use of such procedure;  and 
 (g) the type of procedure used. 
 
2. Each entity shall, on request from a supplier of a Party, promptly provide: 
 (a) an explanation of its procurement practices and procedures; 
 (b) pertinent information concerning the reasons  why the supplier's application to qualify was  
  rejected, why its existing qualification was brought to an end and why it was not selected;  and 
 (c) to an unsuccessful tenderer, pertinent inform ation concerning the reasons why its tender was not 
  selected and on the characteristics and relative a dvantages of the tender selected as well as the 
  name of the winning tenderer. 
 
3. Entities shall promptly inform participating supp liers of decisions on contract awards and, upon request, 
 in writing.  S/WPGR/W/49/Add.1 
 Page 43 
 
 
  4. However, entities may decide that  certain information on the contract award, contained in paragraphs 1 
 and 2(c), be withheld where release of such information would impede law enforcement or otherwise be 
 contrary to the public interest or would prejudice the legitimate commercial interest of particular 
 enterprises, public or private, or might prejudice fair competition between suppliers. 
 
 
CAFTA-Dominican Republic 
 
Article 9.10: Awarding of Contracts  
 
1. A procuring entity shall require that, in order to be considered for award, a tender must be submitted in 
 writing and must, at the time it is submitted, conform to the essential requirements of the tender 
 documentation that the procuring entity provided in advance to all participating suppliers, and be from 
 a supplier that has complied with any conditions for participation that the procuring entity has 
 communicated in advance to all participating suppliers.  
 
2. Unless a procuring entity determines that it is not in the public interest to award a contract, the 
 procuring entity shall award the contract to a supplier that the procuring entity has determined to be 
 fully capable of undertaking the contract and whose tender is determined to be the most advantageous 
 in terms of the requirements and evaluation criteria set out in the tender documentation.  
 
3. No procuring entity may cancel a procurement, or terminate or modify a contract it has awarded, in 
 order to avoid the obligations of this Chapter.  
 
Article 9.11: Information on Contract Awards  
 
1. A procuring entity shall promptly inform participating suppliers of decisions on contract awards. A 
 procuring entity shall, on request, provide a supplier whose tender was not selected for award the 
 reasons for not selecting its tender and the re lative advantages of the tender selected.  
 
2. Promptly after awarding a contract in a covered procurement, a procuring entity shall publish a notice 
 that includes at least the following information a bout the contract award:  
 
(a) the name of the entity;  
(b) a description of the goods or services included in the contract;  
(c) the name of the supplier awarded the contract;  
(d) the value of the co ntract award; and  
(e) where the entity did not use an open tendering procedure, an indication of the circumstances  
 justifying the procedure used.  
 
3. A procuring entity shall maintain records and repo rts relating to tendering procedures and contract 
 awards in procurements covered by this Chapter, including the records and reports provided for in 
 Article 9.9.3, for at least three year s after the date a contract is awarded.  
 
 
51. Other agreements such as the Peru-Singapore (Article 9.14 and 9.15),  CAFTA-DR 
(Article 9.10 and 9.11)  and the EC-CARIFORUM (Article 177) have l ess detailed provisions 
regarding the award of contracts.  Both the CAFTA  and EC-CARIFORUM  agreement contain 
general provisions on the necessity to have a fa ir and transparent process during the opening and 
awarding of contracts under open and selective procedures.  In CAFTA-DR , for reasons of public 
interest, the procuring entity may select the tender which is the most advantageous in terms of the 
requirements and evaluation criteria.  While this provi sion is similar to Article XIII:4(b) of the GPA, 
it does not specify that the procuring entity could al ternatively select the lowest tender submitted.  In 
terms of information provided to suppliers on the contract decision, the provisions in the reviewed 
agreements are similar to the GPA with the requireme nt that tenderers be info rmed of the reasons for 
the decision upon request.  In Peru-Singapore (Article 9.14)  there is only a general obligation that S/WPGR/W/49/Add.1 
Page 44  
 
  the tender evaluation process shall be fair and non discriminatory with no further conditions 
prescribed on the award process such  as performance and price.  Nevertheless, the agreement does 
have provisions on the information to be provided on  awards that are equivalent to, but less detailed 
than Article XVIII of the GPA.  
EC-CARIFORUM   
Article 176  
 
Opening of tenders and awarding of contracts 
 
1. All tenders solicited under open or selective proc edures by procuring entities shall be received and 
 opened under procedures and conditions guaranteeing  the fairness and transparency of the process. 
 
2. Unless a procuring entity decides that it is not in th e public interest to award the contract, it shall award 
 the contract to the supplier who has been determined, on the basis of the information presented, to be 
 fully capable of undertaking the contract and whose tender is either the lowest tender or the tender 
 which in terms of the specific evaluation criteria set forth in the notice or tender documentation is 
 determined to be the most advantageous. Awards shall be made in accordance with the criteria and 
 essential requirements specified in the notice of intended procurement or in the tender documentation. 
 
Article 177  
 
Information on contract award 
 
1.  The Parties and the CARIFORUM Si gnatory States shall ensure that their procuring entities provide for 
 effective dissemination of the results of government procurement processes. 
 
2. Procuring entities shall promptly inform suppliers of  decisions regarding the award of the contract and, 
 on request, in writing. Upon request, procuring entities shall inform any eliminated supplier of the 
 reasons for the rejection of its tender and of the relative advantag es of the successful supplier's tender. 
 
3. Procuring entities may decide to withhold certain information on the contract  award where release of 
 such information would interfere w ith law enforcement or be otherwise contrary to the public interest, 
 would prejudice the legitimate commercial interest s of suppliers, or might prejudice fair competition 
 between them. 
 
4. Subject to Article 180(4), no later than 72 da ys after the award of each contract covered by this 
 Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic media listed in 
 Annex VII. Where only an electro nic medium is used, the informa tion shall remain readily accessible 
 for a reasonable period of time. The notice sha ll 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 te nder or the highest and lowest of fers taken into account in the 
  award of the contract; 
(e) the date of the award; and 
(f) the type of procurement method used, and in cases where a limited tendering procedure was 
  used, a description of the circumstances  justifying the use of such procedure. 
 
 
  S/WPGR/W/49/Add.1 
 Page 45 
 
 
  Peru-Singapore 
Article 9.14 : Evaluation of tenders  
 
The tender evaluation process shall be fair and nondiscriminatory, and shall have a mechanism to eliminate any 
potential conflict of interest between persons administ ering the process and suppliers participating in the 
process. 
 
J. NEGOTIATIONS  
52. The previous note S/WPGR/W/49 found that some  agreements specify that entities may hold 
negotiations with tenderers, provided this is indicated in the init ial tender notice or it appears from the 
evaluation that there is no single most advantageous bid.  Of the agreements currently reviewed, only 
EC-CARIFORUM (Article 175) appeared to contain provisi ons on negotiations w ith tenderers.  The 
provision is similar to Article XIV of the GPA but  with fewer prescriptions on the course and conduct 
of negotiations.  As a safeguard, the evaluation is to  be undertaken on the basis of the criteria set out 
in the notice of intended procurement.   
EC-CARIFORUM 
Article 175  
 
Negotiations 
 
1. The Signatory CARIFORUM States and the EC Party may provide for their procuring entities to 
 conduct negotiations: 
 
(a) in the context of procurements in which they have indicated such intent in the notice of  
  intended procurement; or 
 
(b) where it appears from the evaluation that no one tender is obviously the most advantageous in 
  terms of the specific evaluation criteria set forth in the notice of intended procurement or  
  tender documentation. 
 
2. A procuring entity shall: 
 
(a) ensure that any elimination of suppliers in ne gotiations is carried out in accordance with the  
 evaluation criteria set out in the notice of intended procurement or tender documentation; and 
 
(b) when negotiations are concluded, provide a common deadline for the remaining suppliers to 
  submit any new or revised tenders. 
 
 
K. PROVISION OF INFORMATION  
53. As in the GPA, most agreement contain a gene ral requirement to publish laws, regulations 
and judicial decisions, administrative rulings of general application and any procedures regarding 
covered procurement.  In the agreements involving the US , Peru-Singapore  (Article 9.8) and 
Canada-Peru (Article 1404)  such transparency rules are found in sections relating to the publication 
of procurement information .  Similar obligations are found in EC-CARIFORUM (Article 168)  
together with other rules on transparency of government procurement.  S/WPGR/W/49/Add.1 
Page 46  
 
  GPA 
Article XIX: Information and Review as Regards Obligations of Parties  
 
1.         Each Party shall promptly publish any law, regulation, judicial decision, administrative ruling of 
general application, and any procedure (including standard contract clauses) regarding government 
procurement covered by this Agreement, in the appr opriate publications listed in Appendix IV and in 
such a manner as to enable other Parties and suppliers to become acquainted with them. Each Party shall 
be prepared, upon request, to explain to any other Party its government procurement procedures. 
2.         The government of an unsuccessful tenderer which is a Party to this Agreement may seek, 
without prejudice to the provisions under Article XXII, such additional information on the contract award 
as may be necessary to ensure that the procurement was made fairly and impartially. To this end, the 
procuring government shall provide information on both the characteristics and relative advantages of the 
winning tender and the contract price. Normally this latter information may be disclosed by the 
government of the unsuccessful tenderer provided it ex ercises this right with di scretion. In cases where 
release of this information would prejudice competition in future tenders, this information shall not be 
disclosed except after consultation with and agreement of the Party which gave the information to the 
government of the unsuccessful tenderer. 
3.         Available information concerning procurement by covered entities and their individual contract 
awards shall be provided, upon request, to any other Party. 
4.         Confidential information provided to any Party which would impede law enforcement or 
otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might prejudice fair competition between suppliers shall not 
be revealed without formal authorization from the party providing the information. 
5.         Each Party shall collect and provide to the Committee on an annual basis statistics on its 
procurements covered by this Agreement. Such reports shall contain the following information with 
respect to contracts awarded by all procur ement entities covered under this Agreement: 
            (a) for entities in Annex 1, statistics on the estimated value of contracts awarded, both above and 
below the threshold value, on a global basis and broken down by entities; for entities in 
Annexes 2 and 3, statistics on the estimated value of contracts awarded above the threshold 
value on a global basis and broken down by categories of entities; 
            (b) for entities in Annex 1, statistics on the number and total value of contracts awarded above the 
  threshold value, broken down by entities and categories of products and services according to 
  uniform classification systems; for entities in Annexes 2 and 3, statistics on the estimated  
  value of contracts awarded above the threshold value broken down by categories of entities 
  and categories of products and services; 
            (c) for entities in Annex 1, statistics, broken down by entity and by categories of products and 
services, on the number and to tal value of contracts awarded under each of the cases of 
Article XV; for categories of entities in Annexe s 2 and 3, statistics on the total value of 
contracts awarded above the threshold value under each of the cases of Article XV; and 
            (d) for entities in Annex 1, statistics, broken down by entities, on the number and total value of 
contracts awarded under derogations to the Agreement contained in the relevant Annexes; for 
categories of entities in Annexes 2 and 3, statistics on the total value of contracts awarded 
under derogations to the Agreement contained in the relevant Annexes.  S/WPGR/W/49/Add.1 
 Page 47 
 
 
  To the extent that such information is available, each Party shall provide statistics on the country of 
origin of products and services purchased by its entitie s. With a view to ensuring  that such statistics are 
comparable, the Committee shall prov ide guidance on methods to be used. With a view to ensuring 
effective monitoring of procurement covered by this Agreement, the Committee may decide unanimously 
to modify the requirements of subparagraphs (a) through (d) as regards the nature and the extent of 
statistical information to be provided and the breakdowns and classifications to be used. 
Peru-Singapore 
Article 9.8: Publication of information on procurement measures  
 
 Each Party shall promptly publish any law, regulation, judicial decision, administrative ruling of 
 general application, procedure (including standard contract clauses), and any modifications or additions 
 to this information regarding government procurem ent covered by this Chapter, in an officially 
 designated electronic medium listed in Annex 9B (Officially Designated Electronic Media for the 
 Publication of Information on Government Procurement), and in such a manner as to enable the other 
 Party and suppliers to become acquainted with them. Each Party shall be prepared, upon request, to 
 explain such information to the other Party. 
 
 
 
 
CAFTA-DR24 
Article 9.3: Publication of Procurement Measures  
 
Each Party shall promptly:  
 
 (a) publish any law or regulation, and any modification thereof, relating to procurement;  
 (b) make publicly available any procedure, judicial decision, or administrative ruling of general 
  application, relating to procurement; and  
 (c) on request of a Party, provide to that Part y a copy of a procedure, judicial decision, or  
  administrative ruling of general application, relating to procurement. 
 
 
 
Canada-Peru 
Article 1404: Publication of Procurement Information  
 
Each Party shall: 
 
(a) promptly publish any law, regulation, judicial decision, administrative ruling of general application, 
 and procedure regarding procurement covered by this Chapter, and any modifications thereof, in an 
 officially designated electronic or paper medium that is widely disseminated and remains readily 
 accessible to the public; and 
(b) provide an explanation thereof to the other Party, on request. 
 
                                                      
24 A similar provision is found in all the other agreements involving the US, usually under the seczion 
on the publication of procurement information.  S/WPGR/W/49/Add.1 
Page 48  
 
   
EC-CARIFORUM 
Article 168  
 
Transparency of government procurement 
 
1.  Subject to Article 180(4), each Party or Signatory CARIFORUM State shall promptly publish any law, 
 regulation, judicial decision and administrative ruling of general application, and procedures, regarding 
 procurement covered by this Chapter, as well as individual procurement opportunities, in the 
 appropriate publications referred to in Annex VII including officially designated electronic media. 
 Each Party or Signatory CARIFORUM State shall promptly publish in the same manner all 
 modifications to such measures, and shall within a reasonable time inform the others of any such 
 modifications. 
 
 
54. In all the reviewed agreements, clauses that are similar to Article XIX:2 and 3 of the GPA 
(i.e., information to be provided by procuring entities to unsuccessful  tenderers), are found in the 
provisions dealing with the "award of contract" or "information on awards"  
55. As in Article XIX:4 of the GPA, most review ed agreements also have conditions on the non-
disclosure of confidential information.  Parties ar e also usually not required to disclose information 
which would impede law enforcement; prejudice fa ir competition between suppliers; prejudice the 
legitimate commercial interests of particular supp liers or procuring entities, including the protection 
of intellectual property; or otherwise be cont rary to the public interest.  In addition, US-Peru 
(Article 9.13) and Canada-Peru (Article 1411)  have requirements to disclose information on the 
tender and evaluation procedures used in the conduct of a procurement to a requesting Party sufficient 
to determine whether a procuremen t was conducted fairly, impartially and in accordance with relevant 
disciplines.  While no provisions on the disclosure/non-disclosure of information appears in 
Australia-Chile, it is stipulated in Article 15.20 that s hould any confidential information be conveyed 
it should not be used for other purposes than  those for which it was made available. 
US-Peru 
Article 9.13: Disclosure of Information  
 
Provision of Information to a Party  
 
1. On request, a Party shall provide to the requesting Party information on the tender and evaluation 
 procedures used in the conduct of a procurement sufficient to determine whether a particular 
 procurement was conducted fairly, impartially, and in accordance with this Chapter. The information 
 shall include information on the characteristics and relative advantages of the successful tender and on 
 the contract price.  
 
Non-Disclosure of Information  
 
2. No Party, procuring entity or review authority, referred to in Article 9.11, may disclose information 
 that the person providing it has designated as co nfidential, in accordance with domestic law, except 
 with the authorization of such person.  
 
3. Nothing in this Chapter shall be construed to requi re a Party, including its procuring entities, to provide 
 information disclosure of which would:  
 (a) impede law enforcement;  
 (b) prejudice fair competition between suppliers;  
 (c) prejudice the legitimate commercial interests of particular suppliers or procuring entities,  
  including the protection of intellectual property; or  
 (d) otherwise be contrary to the public interest.   S/WPGR/W/49/Add.1 
 Page 49 
 
 
   
Canada-Peru 
Article 1411: Disclosure of Information  
 
Provision of Information to a Party 
 
1. On request of the other Party, a Party shall prov ide promptly any information necessary to determine 
 whether a procurement was conducted fairly, impa rtially and in accordance with this Chapter, 
 including information on the char acteristics and relative advantages of the successful tender. In cases 
 where release of the information would prejudice comp etition in future tenders, the Party that receives 
 that information shall not disclose it to any supplier, except after consultation with, and consent of, the 
 Party that provided the information.  
 
Non-Disclosure of Information 
 
2. Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, may not 
 provide information to a particular supplier that might prejudice fair competition between suppliers. 
 
3. A Party, including its procuring entities, authoritie s and review bodies, are not required under this 
 Chapter to release confidentia l information 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. 
 
 
Australia-Chile 
Article 15.20: Confidential Information  
 
When a person of a Party makes available confidential in formation to the other Party or its procuring entities, 
the latter Party shall ensure that such information is ke pt confidential and is not used for a purpose other than 
that for which it was made available. However, disclosure of confidential information may occur where a Party 
or its procuring entities are required to make disclosure u nder its domestic law or where disclosure is authorised 
by the person that furnished the information. 
 
 
56. Requirements of Article XIX:5 of the GPA on the collection and provision of statistics on 
government procurement were not found in  any of the reviewed agreements.  
L. CHALLENGE PROCEDURES  
57. Challenge procedures, which allow for recour se to an independent domestic tribunal or 
review body are found in all the reviewed agreem ents.  Generally modelled on Article XX of the 
GPA, these procedures usually require the establishm ent or designation of an impartial judicial 
authority, and call for review procedures that ar e timely, transparent and effective.      
58. In particular, the agreements involving the  US and EC-CARIFORUM (Article 179)  
contain detailed provisions includi ng paragraphs on: the necessity for each supplier to be allowed 
sufficient time to submit a challenge (and reply to the procuring entity); reasonable record keeping; 
and rapid interim measures for the correction of breach es.  As in the GPA, the rights of suppliers in 
the course of challenges proceedings are also specified.  S/WPGR/W/49/Add.1 
Page 50  
 
  EC-CARIFORUM 
Article 179  
 
Bid challenges 
 
1. The Parties and the Signatory CARIFORUM States shall provide transparent, timely, impartial and 
 effective procedures enabling supp liers to challenge domestic measures implementing this Chapter in 
 the context of procurements in which they have, or have had, a legitimate commercial interest. To this 
 effect, each Party or Signatory CARIFORUM State sh all establish, identify or designate at least 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 covered procurement. 
 
2. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge as from the 
 time when the basis of the challenge become known or reasonably should have become known to the 
 supplier. This paragraph does not preclude Parties or Signatory CARIFORUM States from requiring 
 complainants to lodge their complaints within a reas onable period of time provided that duration of that 
 period is made known in advance. 
 
3. Procuring entities shall ensure their ability to re spond to requests for a review by maintaining a 
 reasonable record of each procurem ent covered under this Chapter.  
 
4. Challenge procedures shall provide for effective rapid interim measures to correct breaches of the 
 domestic measures implementing this Chapter. 
 
 
US agreements25 
Domestic Review Of Supplier Challenges  
 
1. Each Party shall permit a supplier to challenge a Party’s compliance with its measures implementing 
 this Chapter without prejudice to that supplier’s  participation in ongoing or future procurement 
 activities. Each Party shall ensure that its review pr ocedures are made publicly available in writing, and 
 are timely, transparent, effective, and cons istent with the principle of due process. 
 
2. Each Party shall establish or designate at least one impartial administrative or judicial authority that is 
 independent of the procuring entity that is the subject of the challenge to receive and review challenges 
 that suppliers submit in connection with any covered procurement. Where a body other than such an 
 authority 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 procuring entity 
 that is the subject of the challenge. 
 
3. Each Party shall authorize the authority that it establishes or designates under paragraph 2 to take 
 prompt interim measures, pending the resolution of a challenge, to ensure that the Party complies with 
 its measures implementing this Chapter and to preser ve the supplier’s opportunity to participate in the 
 procurement, including by suspending the contract award or the performance of a contract that has 
 already been awarded. However, in  deciding whether to apply an in terim measure, each Party may take 
 into account any overriding adverse consequences to  the public interest if an interim measure were 
 taken. If a Party decides not to apply an interim measure, it shall provide a written explanation of the 
 grounds for its decision. 
 
4. Each Party shall ensure that the authority that it establishes or designates under paragraph 2 conducts 
 its review in accordance with the following: 
(a) a supplier shall be allowed sufficient time to  prepare and submit a written challenge, which in 
  no case shall be less than ten days from the time when the basis of  the challenge became  
  known or reasonably should have become known to the supplier; 
 
                                                      
25 All the agreements involving the US contain a similar section on challenges procedures.   S/WPGR/W/49/Add.1 
 Page 51 
 
 
  (b) the procuring entity shall be required to respond in writing to the supplier’s challenge and 
  provide all relevant documents to the authority; 
 
(c) the supplier that initiates the challenge shall be provided an opportunity to reply to the  
  procuring entity’s response before the authority makes a decision on the challenge; and 
 
(d) the authority shall promptly provide decision s relating to a supplier’s challenge in writing, 
  with an explanation of the grounds for each decision. 
 
 
59. Challenge procedures in Canada-Peru (Article 1412) are genera lly modelled on Article XX 
of the GPA with some differences in the dr afting.  The agreements concluded between Australia-
Chile (Article 15.18)  and Peru-Singapore (Article 9.14)  contain general obliga tions which are less 
detailed than those found in Article XX of the GPA.  However, unlike the GPA, none of the 
abovementioned agreements provides the challenge body with the authority to specifically order the 
payment of compensation.  
Canada-Peru 
Article 1412: Domestic Review Procedures  
 
1. Each Party shall ensure that its entities accord impartial and timely  consideration to any complaints 
 from suppliers regarding an alleged breach of m easures implementing this Chapter arising in the 
 context of a procurement covered by this Chapter in which they have, or have had, an interest. Each 
 Party  shall encourage suppliers to seek clarifica tion from its entities through consultations with a view 
 to facilitating the resolution of any such complaints. 
 
2. Each Party shall establish or designate at least one impartial administrative or judicial authority that is 
 independent of its procuring entities to receive an d review a challenge by suppliers (“challenge”) 
 arising in the context of a procurement covered by this Chapter in which the supplier has, or has had, 
 an interest. 
 
3. Each Party shall ensure that any authority it establishes or designates under paragraph 2 has written 
 procedures that are generally available. Such proc edures shall be timely, e ffective, transparent, non-
 discriminatory and 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 in the challenge shall: 
  (i) have the right to be heard prior to a decision of the review body being made on the 
   challenge, 
  (ii) have the right to be represented and accompanied, 
  (iii) have access to all challenge proceedings, and 
  (iv) have the right to request that the pro ceedings take place in public and that witnesses 
   may be presented; and 
 (c) decisions or recommendations relating to challenges shall be provided, in a timely fashion, in 
  writing, with an explanation of the ba sis for each decision or recommendation. 
 
4. Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in 
 no case shall be less than 10 days from the time when the basis of the chal lenge became known to the 
 supplier or reasonably should have become known to the supplier. 
 
5. Each Party shall provide that an authority it establishes or designates under paragraph 2 has authority to 
 take interim measures to preserve the supplier's o pportunity to participate in the procurement. Such 
 interim measures may result in suspension of th e procurement process. Th e procedures for taking 
 interim measures may provide that overriding adverse consequences for the interests concerned, 
 including the public interest, may be taken into account when deciding whether such measures should 
 be applied. 
 S/WPGR/W/49/Add.1 
Page 52  
 
  6. Each Party shall ensure that a supplier’s subm ission of a challenge will not prejudice the supplier’s 
 participation in ongoing or future procurements. 
 
7. Where a body other than an authority referred to in paragraph2 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 procuring entity whose procurement is the subject of the challenge. 
 
 
Australia-Chile 
Article 15.18: Domestic Review of Supplier Challenges  
 
1 Each Party shall maintain at least one impartial administrative or judicial authority that is independent 
 of its procuring entities to receive and review, in a nondiscriminatory, timely, transparent and effective 
 manner, complaints that suppliers submit, in acco rdance with the Party’s la w, relating to a covered 
 procurement. Where such an authority is not a court it shall either be subject to judicial review or shall 
 have procedural guarantees similar to those of a court. 
 
2. Each Party shall make information on complaint mechanisms generally available. 
 
Peru-Singapore 
Article 9.14 : Evaluation of tenders  
 
 The tender evaluation process shall be fair and nondiscriminatory, and shall have a mechanism to 
 eliminate any potential conflict of interest between persons  administering the process and suppliers 
 participating in the process. 
 
 
 
_______________ 
  S/WPGR/W/49/Add.1 
 Page 53 
 
 
  Annex 1 
Economic Integration Agreements  notified between 31 August 2004 to 31 July 2009 
 
RTA Date of entry into 
force Date of 
Notification Document of 
Reference 
 
Canada – Peru 01-Aug-09 31-Jul-09 S/C/N/508 
Peru - Singapore 01-Aug-09 30-Jul-09 S/C/N/502 
China – New Zealand* 01-Oct-08 21-Apr-09 S/C/N/491 
Panama – Costa Rica (Central America) 23-Nov-08 07-Apr-09 S/C/N/490 
Australia – Chile 06-Mar-09 03-Mar-09 S/C/N/484 
China – Singapore* 01-Jan-09 02-Mar-09 S/C/N/483 
US – Peru 01-Feb-09 03-Feb-09 S/C/N/473 
US – Oman 01-Jan-09 30-Jan-09 S/C/N/472 
Japan – Philippines* 11-Dec-08 11-Dec-08 S/C/N/470 
EC – CARIFORUM States EPA 01-Nov-08 16-Oct-08 S/C/N/469/Rev.1 
Brunei Darussalam – Japan* 31-Jul-08 31-Jul-08 S/C/N/466 
Iceland – Faroe Islands 01-Nov-06 10-Jul-08 S/C/N/465 
Japan – Indonesia* 01-Jul-08 27-Jun-08 S/C/N/462 
Panama – Chile* 07-Mar-08 17-Apr-08 S/C/N/443 
Pakistan – Malaysia* 01-Jan-08 19-Feb-08 S/C/N/440 
Japan – Thailand 01-Nov-07 25-Oct-07 S/C/N/419 
Chile – Japan 03-Sept-07 24-Aug-07 S/C/N/398 
Trans-Pacific Strategic Economic Partnership 28-May-06 18-May-07 S/C/N/394 
India – Singapore* 01-Aug-05 03-May-07 S/C/N/393 
Panama – Singapore* 24-Jul-06 04-Apr-07 S/C/N/392 
US – Bahrain 01-Aug-06 08-Oct-06 S/C/N/375 
EFTA – Korea, Republic of 01-Sept-06 23-Aug-06 S/C/N/373 
Japan – Malaysia* 13-Jul-06 12-Jul-06 S/C/N/371 
Jordan – Singapore* 22-Aug-05 07-Jul-06 S/C/N/370 
Dominican Republic – Central America – 
United States Free Trade Agreement 
(CAFTA-DR) 01-Mar-06 17-Mar-06 S/C/N/391 
Korea, Republic of – Singapore 02-Mar-06 21-Feb-06 S/C/N/363 
US – Morocco 01-Jan-06 30-Dec-05 S/C/N/362 
Thailand – New Zealand 01-Jul-05 01-Dec-05 S/C/N/361 
Japan – Mexico 01-Apr-05 31-Mar-05 S/C/N/328 
Thailand – Australia 01-Jan-05 07-Dec-04 S/C/N/311 
US – Australia 01-Jan-05 22-Dec-04 S/C/N/310 
EFTA – Chile 01-Dec-04 03-Dec-04 S/C/N/309 
Korea, Republic of - Chile 01-Apr-04 08-Apr-04 S/C/N/302 
 
 
 
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* These agreements did not contain any provisions on government procurement.