RESTRICTED  
  
GPA/TN1994/4/Rev.12  
 
3 November 2006 
(24-2595) Page: 1/66 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994   
 
* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs214 ) was derestricted on 8 November 2023.  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 19 OCTOBER 2006 * 
NOTE  BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 19 October 2006 (as reflected in Job  No. 7948 of 
20 October  2006) and the corresponding provisions of the 1994  Agreement currently in force.  
 
For information, at the end of this paper, a second table lists the numbering of the provisions of the 
1994 Agreement in their sequence and the numbering of the corresponding provisions in the revised 
draft text.  
 
The two tables in this document do not reproduce or reference the following parts of the revised 
draft text of the Agreement:  
 
- the propo sal by the United States as to the suggested structure and content of the 
Annexes to Appendix  I; 
 
- the two proposed decisions by the Committee pursuant to Article  XVII of the draft 
revised text of the Agreement [Modifications and Rectifications to Coverag e]; and 
 
- the proposed decision regarding the treatment of Software.  
 
_______________  
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Preamble  
Article  I Definitions  
Article  II Scope and Covera ge 
Article  III Exceptions to the Agreement  
Article  IV Developing Countries  
Article  V General Principles  
Article  VI Information on the Procurement 
System  
Article  VII Notices  
Article  VIII Conditions for Participation  
Article IX  Qualification of Suppliers  
Article  X Technical Specifications and Tender  
 Documentation  
Article  XI Time-Periods  
Article  XII Negotiation  
Article  XIII Limited Tendering  
Article  XIV Electronic Auctions  
Article  XV Treatment of Tenders and Contract 
Awards  
Article  XVI Transparen cy of Procurement 
Information  
Article  XVII Disclosure of Information  
Article  XVIII Domestic Review Procedures for 
Supplier  Challenges  
Article  XIX Modifications and Rectifications to 
Coverage  
Article  XX Consultations and Dispute Settlement  
Article  XXI Institutions  
Article  XXII Final Provisions  Table of Contents  
 
Preamble  
Article  I Scope and Coverage  
Article  II Valuation of Contracts  
Article  III National Treatment and Non -
discrimination  
Article  IV Rules of Origin  
Article  V Special and Differential Treatment for 
Developing Countries  
Article  VI Technical Specifications  
Article  VII Tendering Procedures  
Article  VIII Qualification of Suppliers  
Article  IX Invitation to Participate Regarding 
Intended Procurement  
Article  X Selection Procedures  
Article  XI Time-limits for Tendering and Delivery  
Article  XII Tender Documentation  
Article  XIII Submission, Receipt and Opening of 
Tenders and Awarding of Contracts  
Article  XIV Negotiation  
Article  XV Limited Tendering  
Article  XVI Offsets  
Article  XVII Transparency  
Article XVIII Information and Review as Regards 
Obligations of Entities  
Article  XIX Information and Review as Regards 
Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute Settlement  
Article  XXIII Exceptions to the Agreement  
Article XXIV  Final Provisions  
Notes  
Preamble   
 Parties to this Agreement (hereinafter referred 
to as "Parties"),   Parties to this Agreement  (hereinafter referred 
to as "Parties"),  
 Recognizing  the need for an ef fective 
multilateral framework for government procurement, 
with a view to achieving greater liberalization and 
expansion of, and improving the framework for, the 
conduct of international trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations with 
respect to laws, regulations, procedures and practices 
regarding government procurement with a view to 
achieving greater liberalization and expansion of world 
trade and improv ing the international framework for 
the conduct of world trade;  
 Recognizing  that measures regarding 
government procurement should not be prepared, 
adopted or applied so as to afford protection to 
domestic suppliers, goods, or services, or to 
discriminate  among foreign suppliers, goods or 
services;  
  Recognizing  that laws, regulations, procedures 
and practices regarding government procurement 
should not be prepared, adopted or applied to foreign 
or domestic products and services and to foreign or 
domestic suppliers so as to afford protection to 
domestic products or services or domestic suppliers and 
should not discriminate among foreign products or 
services or among foreign suppliers;  
 Recognizing  that the integrity and predictability 
of government procurement systems are integral to 
the efficient and effective management of public 
resources, the performance of the Parties' economies, 
and the functioning of the multilateral trading system;   
 Recog nizing  that the procedural commitments 
under this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each 
Party;   
  Recognizing  the need to establish international 
procedures on notification, consultation, surveillance 
and dispute settlement with a view to ensuring a fair, 
prompt and effective enforcement of the international GPA/TN1994/4/Rev.12  
 
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provisions on government procurement and to maintain 
the balance of rights and obligations at the highest 
possible level;  
 Recognizing  the need to  take into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed countries;   Recognizing  the need to take into account the 
development, financial and trade needs of developing 
countries, in particular  the least -developed countries;  
 Recognizing  the importance of transparent 
measures regarding government procurement, of 
carrying out procurements in a transparent and 
impartial manner, and of avoiding conflicts of interest 
and corrupt practices, in accor dance with applicable 
international instruments, such as the United Nations 
Convention Against Corruption;   Recognizing  that it is desirable to provide 
transparency of laws, regulations, procedures and 
practices regarding government procurement;  
 Recognizing the importance of using, and 
encouraging the use of, electronic means for 
procurement covered by this Agreement;   
  Desiring , in accordance with paragraph 6(b) of 
Article  IX of the Agreement on Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
 Desiring  to encourage acceptance of and 
accession to this Agreement by WTO Membe rs not 
party to it;   Desiring  to encourage acceptance of and 
accession to this Agreement by governments not party 
to it; 
 Having undertaken  further negotiations in 
pursuance of these objectives;   Having  undertaken  further negotiations in 
pursuance of thes e objectives;  
 Hereby agree  as follows:   Hereby agree  as follows:  
Article  I 
Definitions   
For purposes of the Agreement:   
(a) commercial goods and services  
means goods and services of a type  
generally sold or offered for sale in the 
commercial marketplace to, and 
customarily purchased by, 
non-governmental buyers for non -
governmental purposes;   
(b) construction services contract  
means a contract that has as its 
objective the realization by whatever 
means of civil or building works, 
based on Divi sion 51 of the 
Provisional U.N. Central Product 
Classification (CPC);  Appendix I, Annex 5  
 A construction services contract is a contract 
which has as its objective the realization by whatever 
means of civil or building works, in the sense of 
Division 51 of the Central Product Classification.  
 
(c) country or countries  include any 
separate customs territory that is a 
Party to the Agreement.  In the case of 
a separate customs territory that is a 
Party to the Agreement, where an 
expression in the Agreement is 
qualified by the term "national", such 
expression shall be read as pertaining 
to that customs territory, unless 
otherwise specified;  
 Notes  
 The terms "country" or "countries" as used in 
this Agreement, including the Appendic es, are to be 
understood to include any separate customs territory 
Party to this Agreement.  
 
Notes  
 In the case of a separate customs territory 
Party to this Agreement, where an expression in this 
Agreement is qualified by the term "national", such 
express ion shall be read as pertaining to that customs 
territory, unless otherwise specified.  
(d) days means calendar days;   
(e) electronic auction  means an 
iterative process that involves the use 
of electronic means for the 
presentation by suppliers of either  GPA/TN1994/4/Rev.12  
 
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new prices, or new values for 
quantifiable non -price elements of the 
tender related to the evaluation 
criteria, or both, resulting in a ranking 
or re-ranking of tenders;  
  [NB: Canada's approval of this 
definition is  
  dependent on the outcome on 
Article  XIV.] 
(f) in writing  or written  means any 
worded or numbered expression that 
can be read, reproduced and later 
communicated.  It may include 
electronically transmitted and stor ed 
information;   
(g) limited tendering  means a 
procurement method where the 
procuring entity contacts a supplier or 
suppliers of its choice;  
 Article  VII 
3. For the purposes of this Agreement:  
 
... 
 
 (c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. 
(h) measure  means any law, regulation, 
procedure, administrative guidance or 
practice, or any action of a procuring 
entity relating to a covered 
procurement;   
(i) multi -use list  means a list of 
suppliers that a procuring entity has 
determined satisfy the conditions for 
participation in that list, and that the 
procuring entity intends to use more 
than once;   
(j) notice of intended procurement  
means a notice published by a 
procuring entity inviting interested 
suppliers to submit a request for 
participation, a tender, or both;   
(k) offsets  in government procurement 
means any condition or undertaking 
that encourage local development or 
improve a  Party's balance -of-
payments accounts, such as the use of 
domestic content, the licensing of 
technology, investment, 
counter -trade, and similar actions;  Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
impro ve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 
(l) open tendering  means a 
procurement method where all 
interested suppliers may submit a 
tender;  
 Article  VII 
3. For the purposes of this Agreement:  
 
 (a) Open tendering procedures are 
those procedures under which all 
interested suppliers may submit a 
tender.  
(m) person  means a natural person or a 
juridical person;   
(n) procuring entity  means an entity 
covered under Annexes  1, 2 and 3 of 
Appendix  I of each Party;   
(o) qualified supplier  means a supplier 
that a procuring entity recognizes as 
having satisfied the conditions for 
participation;  Article VIII  
(c) ... Entities shall recognize  as qualified 
suppliers such domestic suppliers or 
suppliers of other Parties who meet GPA/TN1994/4/Rev.12  
 
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 the conditions for participation in a 
particular intended procurement. ...  
(p) selective tendering  means a 
procurement method where only 
suppliers satisfying the conditions for 
participation are invited by the 
procuring entity to submit a tender;  
 Article VII  
3. For the purposes of this Agreement:  
 
... 
 
 (b) Selective tendering procedures are 
those pro cedures 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.  
(q) services  includes construction 
services, unless otherwise specified;   
(r) standard  means a document 
approved by a recognized body, that 
provides, for common and repeated 
use, rules, guidelines or 
characteristics for products or services 
or related processes and production 
methods, with which compliance is not 
mandatory.  It may also include or deal 
exclusively with terminology, symbols, 
packaging, marking or labelling 
requirements as they apply to a 
product, service, process or 
production method;  Footnote  
4. For the purpose of this Agreement, a standard 
is a document approved  by a recognized body, that 
provides, for common and repeated use, rules, 
guidelines or characteristics for products or services or 
related processes and production methods, with which 
compliance is not mandatory.  It may also include or 
deal exclusively wi th terminology, symbols, 
packaging, marking or labelling requirements as they 
apply to a product, service, process or production 
method.  
 
(s) supplier  means a person or group of 
persons that provides or could provide 
goods or services;   
(t) technical spe cification  means a 
tendering requirement that:  
 
(i) lays down the characteristics 
of goods or services to be 
procured, including quality, 
performance, safety and 
dimensions, or the processes 
and methods for their 
production or provision;  or 
 
(ii) addresses terminology, 
symbols, packaging, marking 
or labelling requirements, as 
they apply to a good or 
service.  Article  VI 
1. Technical specifications laying down the 
characteristics of the products or services to be 
procured, such as quality, performanc e, safety and 
dimensions, symbols, terminology, packaging, 
marking and labelling, or the processes and methods 
for their production and requirements relating to 
conformity assessment procedures prescribed by 
procuring entities, shall not be prepared, adopt ed or 
applied with a view to, or with the effect of, creating 
unnecessary obstacles to international trade.  
Article  II 
Scope and Coverage  Article  I 
Scope and Coverage  
Application of Agreement  
 
1. This Agreement applies to any measure 
regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic means.  
 1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
 
Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
informatio n technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in particular aim GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficie nt government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly identified and that all 
available information relating to a particular contract 
can be identified.  When a Party intends to innovate, it 
shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
2. For the purposes of the Agreement, covered 
procurement means procurement for governmental 
purposes:  
 
(a) of goods, services, or any combination 
thereof:  
 
(i) as specified in each Party's 
Appendix  I; and 
 
(ii) not procured with a view to 
commercial sale or resale, or 
for use  in the production or 
supply of goods or services 
for commercial sale or resale;  
 
(b) by any contractual means, including 
purchase;  lease; and rental or hire 
purchase, with or without an option to 
buy;  Article  I 
1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
 
2. This Agreement applies to procurement by any 
contractual means, including through such methods as 
purchase or as lease, rental or hire purchase, with or 
without an option to buy, including any combination of 
products and services.  
 
 
(c) for which the value, as estimated in 
accordance with paragraph  9 through 
11, equals or exceeds the relevant 
threshold specified in 
[Appendix  I/paragraph  4], at the time 
of publication of a notice in accordance 
with Article  V; 
 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any procurement 
contract for which the contract value is estimated to 
equal or exceed the threshold at the time of 
publication of the notice in accordance with Article IX.  
(d) by a procuring entity;  and 
 
(e) that is not otherwise excluded from 
coverage in paragraph 5 or in each 
Party's Appendix I.  Article I  
1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
[3. Without prejudice to Article  [Exceptions ], the 
Agreement applies to any procurement:  
 
(a) of central government entities whe re 
the value is estimated to equal or 
exceed:  
- SDR 130,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts for 
construction services;  
 
(b) of sub -central government entities 
where the value is estimated to equal 
or exceed:  
- SDR 200,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts for 
construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is estimated 
to equal or exceed:  Article I  
4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I . 
 
Footnote  
2. This Agreement shall apply to any procurement 
contract for which the contract value is estimated to 
equal or exceed the threshold at the time of 
publication of the notice in accordance with Article IX.  
 
Footnote  
1. ... Relevant thresholds are specified in each 
Party's Annexes.  GPA/TN1994/4/Rev.12  
 
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- SDR 400,000 for contracts fo r 
supply of goods and services;  
- SDR 5,000,000 for contracts for 
construction services.]EC,NOR 
[Market Access Issue ] 
4. Except where provided otherwise in a Party's 
Appendix I, this Agreement does not apply to:  
 
[(a) the acquisition or rental of land, 
existing buildings, or other 
immovable property or the rights 
thereon;  
 
(b) non-contractual agreements or any 
form of assistance that a Party 
provides, including cooperative 
agreements, grants, loans, equity 
infusions, guarantees, and fiscal 
incentives;  
 
(c) the procurement or acquisition of 
fiscal agency or depository servi ces, 
liquidation and management services 
for regulated financial institutions, or 
services related to the sale, 
redemption and distribution of 
[government/public] debt, including 
loans and government bonds, notes 
and other securities;  
 
(d) public employmen t contracts;   GPA/TN1994/4/Rev.12  
 
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[(e) the procurement of agricultural 
products made in furtherance of 
agricultural support programmes and 
human feeding programmes, 
including food aid;]US,EC,KOR,SWI  
 
(f) procurement conducted:  
 
  (i) for the direct purpose of 
providing  international assistance,  
   including development aid;  
 
  [(ii) in furtherance of tied aid to 
 developing countries];CDA  
 
  [(iii) under the particular 
procedure or condition of an 
international agreement relating to  
the stationing of troops or relating to 
the joint  implementation of a 
project by a Party with a non -
Party;]EC,US  
 
  (iv) [outside the territory of the 
Party]CDA in support of military forces 
located outside the territory of the 
Party;  
 
  [(v) outside the  territory of a 
Party]HKC ; or 
 
  (vi) under the particular 
procedure or condition of an 
international organization, or funded 
by  international grants, loans, or 
other assistance where the applicable 
procedure or condition would be 
 inconsistent with the Agreement.  
[N.B.:  Canada is still considering this 
subparagraph  (f).] 
[N.B.:  Norway is reserving its position on 
the inclusion of s ubparagraph (i) and 
(ii).] Notes  
 
Article  1, paragraph  1 
 Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect to the 
untying of such aid, this Agreement does not apply to 
procure ment made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.  
5. Each Party shall specify the following information 
in its Appendix I annexes:  
 
(a) Annex  1 - the central government 
entities whose procurement is 
covered by the Agreement;  
 
(b) Annex  2 - the sub -central 
government entities whose 
procurement is covered by the 
Agreement;  
 
(c) Annex  3 - all other entities whose 
procurement is covered by the 
Agreement;  Footno te 
1. For each Party, Appendix I is divided into five 
Annexes:  
 
 - Annex 1 contains central 
government entities.  
 
 - Annex 2 contains sub -central 
government entities.  
 
 - Annex 3 contains all other 
entities that procure in accordance 
with the provisions of  this 
Agreement.  
 GPA/TN1994/4/Rev.12  
 
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[(d) Annex  4 - the goods covered by  the 
Agreement;]US,CDA,JPN,SWI [Market 
Access Issue]  
 
(e) Annex  [4/5] - the services covered by 
the Agreement;  
 
(f) Annex  [5/6] - the construction 
services covered by the Agreement;  
and 
 
(g) Annex  [6/7] - any General Notes 
applicable to the annexes.   - Annex 4 specifies services, 
whether listed positively or 
negatively, covered by this 
Agreement.  
 
 - Annex 5 specifies covered 
construction services.  
 
 ... 
 
Compliance   
6. Each Party shall [take such reasonable measures 
as may be available to it to]CDA ensure that the 
procuring entities listed in its Appendix  I comply with 
the provisions of [Article V, paragraph  6; Articles VII 
through IX;  Article X, paragraphs  7 through 11 and 
Articles XI through XV (# to be updated) of]CDA the 
Agreement in conducting covered procurement.  Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
7. Where a procuring entity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procure in accordance with particular 
requirements, Article  V shall apply mutatis  mutandis  to 
such requirements.  
 Article  I 
3. Where entities, in the context of procurement 
covered under this Agreement, require enterprises not 
included in Appendix I to award contracts in 
accordance with particular requirements, Article  III 
shall apply mutatis mutandis to such requirements.  
Valuation  Article  II 
Valuation of Contracts  
8. In estimating the value of a procurement for the 
purpose of ascertaining whether it is a covered 
procurement, a procuring entity shall:  
 1. The following provisions shall apply in 
determining the value of contracts2 for purposes of 
implementing this Agreement.  
 
Footnote  
2. This Agreement shall apply to any procurement 
contract for which the contract value is estimated to 
equal or exceed the threshold at the time of 
publication of the notice in accordance with Article IX.  
(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 the Agreement;  and Article  II 
3. The selection of the valuation method by the 
entity shall not be used, nor shall any procurement 
requirement be divided, with the intention of avoiding 
the application of this Agreement.  
 
(b) include the estimated maximum total 
value of the procurement  over its 
entire duration, whether awarded to 
one or more suppliers, taking into 
account all forms of remuneration, 
including:  
 
(i) premiums, fees, 
commissions, and interest;  
and 
 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
 
(ii) where the procurement 
provides for the possibility of 
option clauses, 
the estimated maximum 
total value of the 
procurement, inclusive of 
optional purchases.  6. In cases where an in tended 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.  
 GPA/TN1994/4/Rev.12  
 
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9. Where an individual requirement for a 
procurement results in the award of more than one 
contract, or in the award of contracts in separate parts 
(hereafter referred to as "recurring procurements"), the 
calculation of the estimated maximum total value shall 
be based on:  
 4. If an individual requirement for a procurement 
result s 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 value of recurring procurements 
of the same type of good or service 
awarded during the preceding 
12 months or the procuring entity's 
preceding fiscal year, adjusted where 
possible to take into account 
anticipated changes in the quantity or 
value of the good or service being 
procured over the subsequent 
12 months;  or   (a) the actual value of similar r ecurring 
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 
procurements of the same type of 
good o r service to be awarded during 
either the 12  months subsequent to 
the initial contract award or the 
procuring entity's fiscal year.   (b) the estimated value of recurring 
contracts in the fiscal year or 12 
months subsequent to the initial 
contract.  
 
10. In the case of procurement by lease, rental or 
hire purchase of goods or services, or procurement for 
which a total price is not specified, the basis for 
valuation shall be:  5. In cases of contracts for the lease, rental or 
hire purchase of products or ser vices, or in the case of 
contracts which do not specify a total price, the basis 
for valuation shall be:  
(a) in the case of a fixed -term contract:  
 
(i) where the term of the 
contract is 12  months or 
less, the total estimated 
maximum value for its 
duration , or 
 
(ii) where the term of the 
contract exceeds 12  months, 
the total estimated 
maximum value, including 
any estimated residual 
value;   (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) where the contract is for an indefinite 
period, the estimated monthly 
instalment multiplied by 48;  and  (b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by 48.  
(c) where there is doubt as to whether 
the contract is to be a fixed -term 
contract, subparagraph  (b) shall be 
used.  If there is any doubt, the second basis for valuation, 
namely (b), is to be use d. 
 
Article  III 
Exceptions to the Agreement  Article  XXIII 
Exceptions to the Agreement  
1. Nothing in the Agreement shall be construed to 
prevent any Party from taking any action or not 
disclosing any information that it considers necessary 
for the protection of its essential security interests 
relating to the procurement of arms, ammunition, or 
war materials, or to procurement indispensable for 
national security or for national defence purposes.  1. Nothing in this Agreement shall be construed to 
prevent any Party from taking any action or not 
disclosing any information which it considers necessary 
for the protection of its essential security interests 
relating to the procurement of arms, ammunition or war 
materials, or to procurement indispensable fo r national 
security or for national defence purposes.  
2. Subject to the requirement that such measures 
are not applied in a manner that would constitute a 
means of arbitrary or unjustifiable discrimination 
between Parties where the same conditions prevail  or a 
disguised restriction on international trade, nothing in 
the Agreement shall be construed to prevent any Party 
from imposing or enforcing measures:  2. Subject to the requirement that such measures 
are not applied in  a manner which would constitute a 
means of arbitrary or unjustifiable discrimination 
between countries where the same conditions prevail 
or a disguised restriction on international trade, 
nothing in this Agreement shall be construed to 
prevent any Party f rom imposing or enforcing GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(a) necessary to protect public morals, 
order, or safety;  
 
(b) necessary to protect human, animal 
or plant life or health;  
 
(c) necessary to protect intellectual 
property;  or 
 
(d) relating to goods or services of 
handicapped persons, philanthropic 
institutions, or  prison labour.  measures: necessary to protect public morals, order 
or safety, human, animal or plant life or health or 
intellectual property;  or relating to the products or 
services of handicapped persons, of philanthropic 
institutions or of pri son labour.  
Article  IV 
Developing Countries  Article V  
Special and Differential Treatment for Developing 
Countries  
1. In negotiations on accession to, and in the 
implementation and administration of, the Agreement, 
the Parties shall take special consideration of the 
development, financial, and trade needs and 
circumstances of developing countries and least -
developed countries (collectively referred to hereafter 
as "developing countries", unless specifically identified 
otherwise), recognizing that these may differ 
significantly from country to country.  As provided for in 
this Article and upon request, the Parties shall accord 
special and differential treatment to:  
 
(a) least-developed countries;  and 
 
(b) any other developing country[, 
where and to the extent that this 
special and differential treatment 
meets its development needs].  
 [N.B.:  Israel does not support 
the bracketed language. ] Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, through the 
provisions set out in this Article, duly take into account 
the development, financial and trade needs of 
developing countries, in particular least -developed 
countries, in their need to: ...  
 
 1. (a) safeguard their balance -of-
payments position and ensure a 
level of reserves adequate for the 
implementation of programmes of 
economic development;  
 
 (b) promote the establishment or 
development of domestic industries 
including the development of small -
scale and cottage industries in rural 
or backward areas; and e conomic 
development of other sectors of the 
economy;  
 
 (c) support industrial units so long as 
they are wholly or substantially 
dependent on government 
procurement;  and 
 
 (d) encourage their economic 
development through regional or 
global arrangements amon g 
developing countries presented to 
the Ministerial Conference of the 
World Trade Organization 
(hereinafter referred to as the 
"WTO") and not disapproved by it.  
2. Upon accession by a developing country to the 
Agreement, each Party shall provide immediately to the 
goods, services, and suppliers of that country the most 2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
favourable coverage that the Party provides under 
Appendix  I to any other Party to the Agreement, s ubject 
to any terms negotiated between that Party and the 
developing country in order to maintain an appropriate 
balance of opportunities under the Agreement.  
 affecting government procurement, facilitate 
increased imports from developing countries, bearing 
in mind the special problems of least -developed 
countries and of those countries at low stages of 
economic dev elopment.  
 
 
Coverage  
3. With a view to ensuring that developing 
countries are able to adhere to this Agreement on 
terms consistent with their development, financial and 
trade needs, the objectives listed in paragraph  1 shall 
be duly taken into account in t he course of 
negotiations with respect to the procurement of 
developing countries to be covered by the provisions 
of this Agreement.  Developed countries, in the 
preparation of their coverage lists under the provisions 
of this Agreement, shall endeavour to include entities 
procuring products and services of export interest to 
developing countries.  
 Special Treatment for Least -Developed Countries  
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on D ifferential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those 
Parties with respect to products  or services originating 
in those Parties, in the context of any general or 
specific measures in favour of developing country 
Parties.  A Party may also grant the benefits of this 
Agreement to suppliers in least -developed countries 
which are not Parties, wi th respect to products or 
services originating in those countries.  
3. Based on its development needs, and with the 
agreement of the Parties, a developing country may, 
upon its accession to the Agreement, adopt or retain 
one or more of the following transi tional measures, 
during the transition period and in accordance with a 
phase -out schedule, set out in an Annex to its 
Appendix  I, and in a manner that does not discriminate 
among the Parties:  
 
(a) a price preference programme, 
provided that the programme:  
 
(ii) provides a preference only 
for the part of the tender 
incorporating goods or 
services originating in the 
developing country applying 
the preference or goods or 
services originating in other 
developing countries that 
have [obligations to provide 
national treatment under]CDA 
preferential agreements with 
the developing country 
applying the preference;  and Agreed Exclusions  
4. A developing country may negotiate with other 
participants in negotiations under this Agreement 
mutually acceptable exclusions fro m the rules on 
national treatment with respect to certain entities, 
products or services that are included in its coverage 
lists, having regard to the particular circumstances of 
each case.  In such negotiations, the considerations 
mentioned in subparagraph s 1(a) through 1(c) shall 
be duly taken into account.  A developing country 
participating in regional or global arrangements 
among developing countries referred to in 
subparagraph  1(d) may also negotiate exclusions to 
its lists, having regard to the particu lar circumstances 
of each case, taking into account, inter alia, the 
provisions on government procurement provided for 
in the regional or global arrangements concerned and, 
in particular, products or services which may be 
subject to common industrial devel opment 
programmes.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis to developing countries acceding to this  
Agreement after its entry into force.  
 
(ii) is transparent, and the 
preference and its 
application in the 
procurement are clearly 
described in the notice of 
intended procurement and 
the notice inviting suppliers  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
to apply for participation in 
procurement covered by the 
Agreement;  
(b) an offset, provided that any 
requirement for, or consideration of, 
the imposition of the offset is clearly 
stated in the notice of intended 
procurement and the notice inviting 
suppliers to apply for participation in 
procurement covered by the 
Agreement;  
 Article XVI  
2. Nevertheless, having regard to general policy 
considerations, including those relating to 
development, a developing country may at the time of 
accession negotiate conditions for the use of offsets, 
such as requirements for the incorporation of domestic 
content.  Such requirements shall be used only for 
qualification to participate in the procurement process 
and not as criteria for awarding contracts.  Conditions 
shall be objective, clearly defined and non -
discriminatory.  They shall be set forth in the country's 
Appendix I and may include precise limitations on the 
imposition of offsets in a ny contract subject to this 
Agreement.  The existence of such conditions shall be 
notified to the Committee and included in the notice 
of intended procurement and other documentation.  
(c) the phased -in addition of specific 
entities or sectors;  and  
(d) a transitional threshold that is higher 
than its permanent threshold.   
 Article V  
2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, facilitate 
increased imports from developing countries, bearing 
in mind the special problems of least -developed 
countries and of those countries at low stages of 
economic development.  
 
Coverage  
3. With a view to ensuring that developing 
countr ies are able to adhere to this Agreement on 
terms consistent with their development, financial and 
trade needs, the objectives listed in paragraph  1 shall 
be duly taken into account in the course of 
negotiations with respect to the procurement of 
developin g countries to be covered by the provisions 
of this Agreement.  Developed countries, in the 
preparation of their coverage lists under the provisions 
of this Agreement, shall endeavour to include entities 
procuring products and services of export interest to  
developing countries.  
 Special Treatment for Least -Developed Countries  
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those 
Parties with respect to products or services originating 
in those Parties, in the context of any gener al or 
specific measures in favour of developing country 
Parties.  A Party may also grant the benefits of this 
Agreement to suppliers in least -developed countries 
which are not Parties, with respect to products or 
services originating in those countries.  
4. The agreed -upon transition period shall not 
exceed five [ten]NOR years for developing countries and 
ten [twenty]NOR years for least -developed countries.  
[N.B.:  Israel does not support this paragraph. ]  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. In negotiations on accession to the Agreement, 
the Parties may agree to the delay of the application of 
any specific obligation in the Agreement, other than 
Article V:1(b), by an acceding developing country while 
that country completes its implementation of the 
obligation.  The implementation  period shall be for:  
 
(a) a least -developed country, five years 
after its accession to the Agreement;  
and 
 
(b) any other developing country, only 
the period necessary to implement 
the specific obligation, but not to 
exceed three years.   
6. Any developing  country that has been permitted 
a period in which to implement an obligation under 
paragraph  5 shall list in an Annex to its Appendix  I the 
implementation period, the specific obligation subject to 
the implementation period, and any interim obligation 
with which it agrees to comply during the 
implementation period.   
7. After the Agreement has entered into force for a 
developing country, the Committee, on  request of the 
developing country, may:  
(a) extend the transition period for a 
measure permitted under 
paragraph  3 or the implementation 
period permitted under paragraph  5; 
or 
 
(b) approve the application of a new 
transitional measure permitted 
under paragraph  3, in special 
circumstances that were unforeseen 
during the accession process.  
 Article V  
5. After entry into force of this Agreement, a 
developing country Party may modify its coverage lists 
in accordance with the provisions for modification of 
such lists contained in paragraph  6 of Article  XXIV, 
having regard to its develo pment, financial and trade 
needs, or may request the Committee on Government 
Procurement (hereinafter referred to as "the 
Committee") to grant exclusions from the rules on 
national treatment for certain entities, products or 
services that are included in i ts coverage lists, having 
regard to the particular circumstances of each case 
and taking duly into account the provisions of 
subparagraphs  1(a) through 1(c).  After entry into 
force of this Agreement, a developing country Party 
may also request the Committe e to grant exclusions 
for certain entities, products or services that are 
included in its coverage lists in the light of its 
participation in regional or global arrangements 
among developing countries, having regard to the 
particular circumstances of each case and taking duly 
into account the provisions of subparagraph  1(d). 
Each request to the Committee by a developing 
country Party relating to modification of a list shall be 
accompanied by documentation relevant to the 
request or by such information as ma y be necessary 
for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
8. A developing country benefiting from a 
transitional measure provided for in paragraphs  3 or 7, 
or an implementation period provided for in 
paragraph  5, or any extension thereof under 
paragraph  7 shall take such steps during the transition 
period or implementation period as may be necessary 
to ensure that it is in compliance wit h this Agreement 
at the end of any such period.  The developing country 
shall promptly notify the Committee of such steps.   
9. The Parties shall give due consideration to any 
request by a developing country for technical 
cooperation and capacity building in relation to that Technical Assistance for Developing Country Pa rties 
8. Each developed country Party shall, upon 
request, provide all technical assistance which it may 
deem appropriate to developing country Parties in GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
country's accession to, or implementation of, the 
Agreement.  
 resolving their problems in the field of government 
procurement.  
 9. This assistance, which shall b e provided on the 
basis of non -discrimination among developing country 
Parties, shall relate, inter alia, to: 
 
 - the solution of particular technical 
problems relating to the award of a specific contract; 
and 
 
 - any other problem which the Party 
making t he request and another Party agree to deal 
with in the context of this assistance.  
 
10. Technical assistance referred to in 
paragraphs  8 and 9 would include translation of 
qualification documentation and tenders made by 
suppliers of developing country Part ies into an official 
language of the WTO designated by the entity, unless 
developed country Parties deem translation to be 
burdensome, and in that case explanation shall be 
given to developing country Parties upon their request 
addressed either to the deve loped country Parties or 
to their entities.  
 
13. Each developed country Party shall, upon 
request, provide assistance which it may deem 
appropriate to potential tenderers in least -developed 
countries in submitting their tenders and selecting the 
products o r services which are likely to be of interest 
to its entities as well as to suppliers in least -developed 
countries, and likewise assist them to comply with 
technical regulations and standards relating to 
products or services which are the subject of the 
intended procurement.  
 Article  XVII 
2. Governments not Parties to the Agreement 
which comply with the conditions specified in 
paragraphs 1(a) through 1(c), shall be entitled if they 
so inform the Parties to participate in the Committee 
as observers.  
10. The Committee may develop procedures for the 
implementation of this Article.  Such procedures may 
include provisions for voting on decisions relating to 
requests under paragraph  7.  
11. The Committee shall review the operation and 
effective ness of this Article every five years.  
 Article  V 
7. Such agreed exclusions as mentioned in 
paragraphs 4, 5 and 6 shall be subject to review in 
accordance with the provisions of paragraph  14 
below.  
 Review  
14. The Committee shall review annually the 
operation and effectiveness of this Article and, after 
each three years of its operation on the basis of 
reports to be submitted by Parties, shall carry out a 
major review in order to evaluate its effects.  As part 
of the three -yearly reviews and with a vie w to 
achieving the maximum implementation of the 
provisions of this Agreement, including in particular 
Article  III, and having regard to the development, 
financial and trade situation of the developing 
countries concerned, the Committee shall examine 
wheth er exclusions provided for in accordance with GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
the provisions of paragraphs  4 through 6 of this Article 
shall be modified or extended.  
 15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph 7 of 
Article XXIV, ea ch developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, financial 
and trade situation.  
Article  V 
General Principles  Article  III 
National Treatment and Non-discrimination  
National Treatment and Non -Discrimination   
1. With respect to any measure regarding covered 
procurement, each Party, including its procuring 
entities, shall accord immediately and unconditionally to 
the goods and services of any other Party and to the 
suppliers of any other Party offering the goods or 
services of any Party, treatment no less favourable than 
the treatment the Party, including its procuring entities, 
accords to:  1. With respect to all laws, regulations, 
procedures a nd practices regarding government 
procurement covered by this Agreement, each Party 
shall provide immediately and unconditionally to the 
products, services and suppliers of other Parties 
offering products or services of the Parties, treatment 
no less favou rable than:  
(a) domestic goods, services and 
suppliers;  and  (a) that accorded to domestic products, 
services and suppliers;  and 
(b) goods, services and suppliers of any 
other Party.   (b) that accorded to products, services 
and suppliers of any other Party.  
2. With respect to any measure regarding covered 
procurement, a Party, including its procuring entities, 
shall not:  2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement,  each Party 
shall ensure:  
(a) treat a locally established supplier less 
favourably than another locally 
established supplier on the basis of 
degree of foreign affiliation or 
ownership;  nor  (a) that its entities shall not treat a 
locally -established supplier less 
favourably than another locally -
established supplier on the basis of 
degree of foreign affiliation or 
ownership;  and 
(b) discriminate against a locally 
established supplier on the basis that 
the goods or services offered by that 
supplier for a particular procurement 
are goods or services of any other 
Party.  
  (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. 
Use of Electronic Means  
 
3. When conducting covered procurement by 
electronic means, a procuring entity shall:  
 
(a) ensure that the procurement is 
conducted using information 
technology systems and software, 
including those related to 
authentication and encryption of 
information,  that are generally 
available and interoperable with other 
generally available information 
technology system s and software;  
and 
 
(b) maintain mechanisms that ensure the 
integrity of requests for participation 
and tenders, including establishment 
of the time of receipt and the 
prevention of inappropriate access.  Article XXIV  
8. Information Technology  
 
 With a view t o ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary,  negotiate modifications to the 
Agreement.  These consultations shall in particular aim 
to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly identified and that all 
available information relating to a particular contract 
can be identified.  When a Party intends to innovate, it 
shall endeavour to take into account the views 
expressed by other Part ies regarding any potential 
problems.  
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Conduct of Procurement  
 Article  VII 
Tendering Procedures  
4. A procuring entity shall conduct covered 
procurement in a transparent and impartial manner 
that: 
 
(a) is consistent with the Agreement, 
using methods such as open 
tendering, selective tendering, and 
limited tendering;  
 
(b) avoids conflicts of interest;  and 
 
(c) prevents corrupt practices.  1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory  manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
Rules of Origin  Article  IV 
Rules of Origin  
5. For purposes of covered procurement, no Party 
may apply rules of origin to goods or services imported 
from or supplied by another Party that are different 
from the rules of origin the Party applies at the same 
time in the normal course of trade to imports or supplies 
of the same goods or services from the same Party.  1. A Party shall not apply rules of origin to 
products or services imported or supplied for purposes 
of government procurement covered by this 
Agreement from other Parties, which are different 
from the rules of origin applied in the normal course 
of trade and at the time of the transaction in question 
to imports or supplies of the same products or services 
from the same Parties.  
Offsets  Article  XVI 
Offsets  
6. With regard to covered procurement, a Party, 
including its procuring entities, shall not seek, take 
account of, impose or enforce offsets.  1. Entities shall not, in the qualification and 
selection of suppliers, products or services, or in the 
evaluation of tenders and award of contracts, impose, 
seek or consider offsets.7 
Measures Not Specific to Procurement   
7. The provisions of p aragraphs  1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties and charges, other 
import regulations or formalities, and measures 
affecting trade in services oth er than measures 
governing covered procurement.  Article  III 
3. The provisions of paragraphs 1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on or in connection with importation, the 
method of levying such duties and charges, other  
import regulations and formalities, and measures 
affecting trade in services other than laws, 
regulations, procedures and practices regarding 
government procurement covered by this Agreement.  
Article  VI 
Information on the Procurement System   
1. Each Par ty shall:  
 
(a) promptly publish any law, regulation, 
judicial decision, administrative ruling 
of general application, standard 
contract clauses that is mandated by 
a law or regulation and is incorporated 
by reference in notices and tender 
documentation and procedure 
regarding covered procurement, and 
any modifications thereof, in an 
officially designated electronic or 
paper medium that is widely 
disseminated and remains readily 
accessible to the public and that is 
listed in Appendix  IV; and Article  XIX 
1. Each Party shall promptly publish any law, 
regulation, judicial decision, administrative ruling of 
general application, and any procedure (including 
standard contract clauses) regarding government 
procurement covered by this Agreement, in t he 
appropriate publications listed in Appendix IV and in 
such a manner as to enable other Parties and suppliers 
to become acquainted with them. ...  
(b) provide an explanation thereof to any 
Party, on request.  1. ... Each Party shall be prepared, upon requ est, 
to explain to any other Party its government 
procurement procedures.  
2. Each Party shall list:  
  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) in Appendix II, the electronic or paper 
medium in which the Party publishes 
the information regarding the Party's 
procurement system as required by 
paragraph 1;  
 
(b) in Appendix III, the electronic or 
paper medium in which the Party 
publishes the notices required by 
Articles VII, XVI:2, and IX:7;  and 
 
(c) in Appendix IV, the website address 
where the Party publishes:  
 
(i) its procurement statistics 
pursuant to Article XVI:5, 
as a substitute for the 
submission of such data 
under Article  XVI:4;  
 
(ii) its notices concerning 
awarded contracts pursuant 
to Article XVI:6, as a 
substitute for the report 
required under Article 
XVI:4.  
[N.B.:  Parties are still considering 
paragraph 2. ] 
Article  VII 
Notices  
Notice of Intended Procurement  Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in the 
circumstances described in Article  XIII, a  procuring 
entity shall publish a notice of intended procurement in 
the appropriate paper or electronic media listed in 
Appendix  II. Such media shall be widely disseminated 
and such notices shall remain readily accessible to the 
public [duri ng the tendering period].  The notices shall:  
 
(a) for procuring entities in Annex 1, be 
accessible by electronic means [free 
of charge]EC,US,SWI,KOR,NOR,ISR,HKC through 
a single point of access;  and 
 
(b) for procuring entities in Annexes 2 
and 3, where acc essible by electronic 
means, be provided [free of 
charge]EC,SWI,KOR,NOR,ISR,HKC, at least, 
through links in a gateway electronic 
site. 
 
Parties, including their procuring entities in Annexes 2 
and 3, are encouraged to publish their notices by 
electronic means free of charge through a single point 
of access.  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 t endering).  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. 
 
2. Except as otherwise provided in thi s Agreement, 
each notice of intended procurement shall include:  6. Each notice of proposed procurement, referred 
to in paragraph  2, shall contain the following 
information:  
(a) the name and address of the 
procuring entity and other 
information necessary t o contact the 
procuring entity and obtain all 
relevant documents relating to the 
procurement, and their cost and 
terms of payment, if any;   (e) the address of the entity awarding 
the contract and providing any 
information necessary for obtaining 
specifica tions and other 
documents;  
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
  (g) the amount and terms of payment 
of any sum payable for the tender 
documentation; and  
(b) a description of the procurement, 
including the nature and the quantity 
of the goods or services to be 
procured or, where the quantity is not 
known, the estimated quantity;  
 
 (c) for recurring contracts, if possible, an 
estimate of the timing of subsequent 
notices of intended procurement;  
 
 (d) a description of any options;  6. (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;  
 
 (e) the time -frame for delivery of goods 
or services or the duration of the 
contract;  6. (c) any date for starting delivery or 
completion of delivery of goods or 
services;  
(f) the procurement method that will be 
used and whether it will involve 
negotiation or electronic auction;  6. (b) whether the procedure is open or 
selective or will involve 
negotiation;  
(g) where applicable, the address and any 
time-limit for the submission of 
requests for participation in the  
procurement;  
 
(h) the address and the time -limit for the 
submission of tenders;   
 
(i) the language or languages in which 
tenders or requests for participation 
must be submitted, if other than an 
official language of the Party of the 
procuring entity;  6. (d) the address and final date for 
submitting an application to be 
invited to tender or for qualifying for 
the suppliers’ list, or for receiving 
tenders, as well as the language or 
languages in which they must be 
submitted;  
 
(j) a list and brief description of any 
conditions for participation of 
suppliers, including any requirements 
for specific documents or 
certifications to be provided by 
suppliers in connection therewith, 
unless such requirements are 
included in tender documentation that 
is mad e available to all interested 
suppliers [by electronic means] at the 
same time as the notice of intended 
procurement;  
 [N.B.:  Japan and Hong Kong, 
China do not support the 
bracketed language.  Hong Kong, 
China proposes instead "any 
economic and technical 
requirements, financial 
guarantees and information 
required from suppliers". ] 6. (f) any economic and technical 
requirements, financial guarantees 
and information required from 
suppliers;  
(k) where, pursuant to Article  IX, a 
procuring entity intends to sele ct a 
limited number of qualified suppliers 
to be invited to tender, the criteria 
that will be used to select them and, 
where applicable, any limitation on 
the number of suppliers that will be 
permitted to tender;  and  
(l) an indication that the procurement is 
covered by the Agreement.  
 11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
the notices appear, that the procurement is covered 
by the Agreement.  
Summary Notice   
3. For each case of i ntended procurement, [where 
the notice of intended procurement is not already 
published in one of the official languages of the 
WTO,]US,CDA,HKC,ISR,EC,SWI,NOR a procuring entity shall 
publish, by the time of publication of the notice of 
intended procuremen t, in a readily accessible summary 
notice at least the following information in one of the 
WTO languages:  8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO.  The notice shall contain 
at least the following information:  
 
(a) the subject -matter of the 
procurement;  (a) the subject matter of the contract;  
(b) the time -limits set for the submission 
of tenders or, where applicable, any 
time-limits for the submission of 
requests for  participation in the 
procurement or for inclusion on a 
multi-use list;  and (b) the time -limits set for the 
submission of tenders or an 
application to be invited to tender;  
and 
 
(c) the addresses from which documents 
relating to the procurement may be 
requested.  (c) the addresses from which 
documents relating to the contracts 
may be requested.  
Notice of Planned Procurement   
4. Procuring entities are encouraged to publish [in 
the appropriate paper or electronic media listed in 
Appendix [III]] as early as possible in each fiscal year a 
notice regarding their future procurement plans.  The 
notice should include the subject -matter of the 
procurement and the planned date of the publication of 
the notice of intended procurement.  
[N.B.:  Japan is still co nsidering the bracketed 
language. ] 7. Each notice of planned procurement referred to 
in paragraph 3 shall contain as much of the 
information referred to in paragraph  6 as is available.  
It shall in any case include the information referred to 
in paragraph 8  and: 
 
 (a) a statement that interested 
suppliers should express their 
interest in the procurement to the 
entity;  
 
 (b) a contact point with the entity from 
which further information may be 
obtained.  
5. A procuring entity in [Annex  2 and]US Annex  3 
may use a notice of planned procurement as a notice of 
intended procurement provided that it includes as much 
of the information in paragraph  2 as is available and a 
statement that interested suppliers should express their 
interest in the procurem ent to the entity.  
 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 us e 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 parag raph 6. 
Article  VIII 
Conditions for Participation  Article  VIII 
Qualification of Suppliers  
1. A procuring entity shall limit any conditions for 
participation in a procurement to those that are 
essential to ensure that a supplier has the legal, 
commercial,  technical, and financial abilities to 
undertake the relevant procurement.  In the process of qualifying suppliers, entities shall not 
discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other 
Parties.  Qualification procedures shall be consistent 
with the following:  
 
 (b) any conditions for participation in 
tendering procedures shall be 
limited to those which are essential 
to ensure the firm's capability to 
fulfil the contract in question. ...  
2. In ass essing whether a supplier satisfies the 
conditions for participation, a procuring entity:   (b) ... Any conditions for participation 
required from suppliers, including GPA/TN1994/4/Rev.12  
 
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(a) shall evaluate the financial, 
commercial, and technical abilities of 
a supplier on the basis of that 
supplier's business activities both 
inside and outside the t erritory of the 
Party of the procuring entity;  
 
 financial guarantees, technical 
qualifications and information 
necessary for establishing the 
financial, commercial and technical 
capacity of suppliers, as well as the 
verification of qualifications, shall be 
no less favourable to suppliers of 
other Parties than to domestic 
suppliers and shall not discriminate 
among suppliers of other Parties.  
The financial, commercial and 
technical capacity of a supplier shall 
be judged on the basis both of that 
supplier's global business activity as 
well as of its activity in the territory 
of the procuring entity, taking due 
account of the legal relationship 
between the supply organizations;  
(b) shall base its determination on the 
conditions that the procuring entity 
has specified in advance in notices or 
tender documentation;   
(c) may not impose the condition that, in 
order for a supplier to participate in a 
procurement, the supplier has 
previou sly been awarded one or more 
contracts by a procuring entity of a 
given Party;  and 
 
(d) may require relevant prior experience 
where essential to meet the 
requirements of the procurement.   
3. Where there is supporting evidence, a Party, 
including its procu ring entities, may exclude a supplier 
on grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) significant or persistent deficiencies in 
performance of any substantive 
requirement or obligation under a 
prior contract or contracts;  
 
(d) final judgments in respect of serious 
crimes or other serious offences;  
 
(e) professional misconduct or acts or 
omissions that adversely reflect upon 
the commercial integrity of the 
supplier;  or 
 
(f) failure to pay taxes.   (h) nothing in subparagraphs (a) 
through (g) shall preclude the 
exclusion of any supplier on grounds 
such as bankruptcy or false 
declarations, provided that such an 
action is consistent with the national 
treatment and non -discrimination 
provisions of this Agreement.  
 
Article IX  
Qualification of Suppliers   
Registration Systems and Qualification Procedures   
1. A Party, including its procuring entities, may 
maintain a supplier registration system where 
interested suppliers are required to register and provide 
certain information.   
2. Each Party shall ensure that:  Article VIII  
 (g) each Party shall ensure that:  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) its procuring entities make efforts to 
minimize differences in their 
qualification procedures;  and 
   (i) each entity and its 
constituent parts  follow a 
single qualification  procedure, 
except in cases of duly 
 substantiated need for a 
different  procedure;  and 
(b) where its procuring entities maintain 
registration systems, the entities 
make efforts to minim ize differences 
in their registration systems.    (ii) efforts be made to 
minimize  differences in 
qualification procedures 
 between entities.  
 
3. A Party, including its procuring entities, shall not 
adopt or apply any registration system or qualification 
procedure with the purpose or the effect of creating 
unnecessary obstacles to the participation of foreign 
suppliers in its procurement.   
Selective Tendering   
4. Where a procuring entity  intends to use selective 
tendering, the entity shall:  
 
(a) in the notice of intended procurement 
include at least the information in 
Article  VII:2(a), (b), (f), (g), (j), (k), 
and (l) and invite suppliers to submit 
a request for participation;  and 
 
(b) by the commencement of the 
time-period for tendering, pr ovide at 
least the information included in 
Article VII:2 (c), (d), (e), (h), and (i) 
to the qualified suppliers that it 
notifies in accordance with Article 
XI:3(b).  
 Article  VII 
3. For the purposes of this Agreement:  
 
 ... 
 
 (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.  
 
Article  VIII 
... Qualification procedures shall be consistent with 
the following:  
 
 (a) any conditions for participation in 
tendering procedures shall be 
published in adequate time to 
enable interested suppliers to 
initiate and, to the extent that it is 
compatible with efficient operation 
of the p rocurement process, 
complete the qualification 
procedures;  
5. A procuring entity shall recognize as a qualified 
supplier any domestic supplier and any supplier of 
another Party that meets the conditions for participation 
in a particular procurement, unless the procuring entity 
states in the notice or, where publicly available, in the 
tender documentation, any limitation on the number of 
suppliers that will be permitted to tender and the 
criteria for selecting the limited number of supplie rs. 
 Article VIII  
 (c) the process of, and the time 
required for, qualifying suppliers 
shall not be used in order to keep 
suppliers of other Parties off a 
suppliers' list or from being 
considered for a particular intended 
procurement.  Entities shall 
recogn ize as qualified suppliers such 
domestic suppliers or suppliers of 
other Parties who meet the 
conditions for participation in a 
particular intended procurement.  
Suppliers requesting to participate 
in a particular intended 
procurement who may not yet be 
qualified shall also be considered, 
provided there is sufficient time to 
complete the qualification 
procedure;  
 Article X  
1. To ensure optimum effective international 
competition under selective tendering procedures, GPA/TN1994/4/Rev.12  
 
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entities shall, for each intended procure ment, 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 -discrimi natory 
manner.  
 
2. Entities maintaining permanent lists of 
qualified suppliers may select suppliers to be invited 
to tender from among those listed.  Any selection shall 
allow for equitable opportunities for suppliers on the 
lists. 
 3. Suppliers requesting  to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
6. Where the tender documentation is not made 
publicly available from the date of publication of the 
notice referred to in paragraph  4[(a)], a procuring 
entity shall ensure that those documents are made 
available at the same time to all the qualified suppliers 
selected in accordance with paragraph  5. 
 Article  IX 
5. Entities which use a notice regarding a 
qualifi cation 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 
opportunit y 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.  
 Article X  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement syst em. 
 Article  X 
4. Requests to participate in selective tendering 
procedures may be submitted by telex, telegram or 
facsimile.  
Multi-Use Lists   
7. A procuring entity may maintain a multi -use list 
of suppliers, provided that a notice inviting interested 
suppliers to apply for inclusion on the list is:  
 Article  IX 
9. In the case of selective tendering procedures, 
entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the 
publications listed in Appendix  III a notice of the 
following:  
 (a) published annually;  or  
(b) where published by electronic means, 
made available continuously,  
 
in one of the appropriate media listed in Appendix  [III].  
8. The notice provided for in paragraph 8 shall 
include:   
(a) a description of the goods and 
services, or categories thereof, for 
which the list may be used;   (a) the enumeration of the lists 
maintained, including their 
headings, in relation to the products GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 or services or categories of products 
or services to be procu red through 
the lists;  
(b) the conditions for participation to be 
satisfied by suppliers and the methods 
that the procuring entity will use to 
verify a supplier's satisfaction of the 
conditions;   (b) the conditions to be fulfilled by 
suppliers with a view to their 
inscription on those lists and the 
methods according to which each of 
those conditions will be verified by 
the entity concerned;  and 
(c) the name and address of the 
procuring entity and other information 
necessary to contact the entity and 
obtain all relevant documents relating 
to the list;   
(d) the 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;  and 
 Article IX  
 (c) the period of validity of the lists, 
and the formalities for their 
renewal.  
 
Article VIII  
 (f) … Qualified suppliers included on 
permanent lists by entities shall also 
be notified of the termination of any 
such lists or of their removal from 
them;  
(e) an indication that the list may be used 
for procurement covered by the 
Agreement.  
 Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered 
by the Agreement.  
9. Notwithstanding paragraph  7, where a multi -use 
list will be valid for three years or less, a procuring 
entity may publish the notice referred to in paragraph  7 
only once, at  the beginning of the period of validity of 
the list, provided that the notice:  
 
(a) states the period of validity and that 
further notices will not be published;  
and 
 
(b) is published by electronic means and 
is made available continuously during 
the period of its validity.  
[N.B.:  Hong Kong, China is still 
considering subparagraph (b). ] 
 
[A procuring entity shall not use this paragraph in a 
manner that circumvents the provisions of this 
Agreement.]JPN Article IX  
9. ... 
 
However, when the duration of the qualification 
system is three years or less, and if the duration of 
the system is made clear in the notice and it is also 
made clear that further notices will not be published, 
it shall be sufficient to publish the notice once only, at 
the beginning of the system.  Such a system shall not 
be used in a manner which circumvents the provisions 
of this Agreement.  
 
10. A procuring entity shall allow suppliers to apply 
at any time for inclusion on a multi -use list and shall 
include on the list all qualified suppliers within a 
reasonably short time.  
 Article VIII  
 (d) entities maintaining permanent lists 
of qualified suppliers shall ensure 
that suppliers may apply for 
qualification at any time;  and that 
all qualified suppliers so requesting 
are included in the lists within a 
reasonably short time;  
11. Where a supplier that is not included on a multi -
use list submits a request for participation in a 
procurement  based on a multi -use list and all required 
documents relating thereto, within the time -period 
provided for in Article XI:2, a procuring entity shall 
examine the request and may not exclude the supplier 
from consideration in respect of the procurement on the 
grounds that the entity has insufficient time to examine Article VIII  
 (c) the process of, and the time 
required for, qualifyin g 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 GPA/TN1994/4/Rev.12  
 
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the request, unless, in exce ptional cases, due to the 
complexity of the procurement, the entity is not able to 
complete the examination of the request within the 
time-period allowed for the submission of tenders.  
 recognize as qualified suppliers such 
domestic suppliers or suppliers of 
other Pa rties who meet the 
conditions for participation in a 
particular intended procurement.  
Suppliers requesting to participate 
in a particular intended 
procurement who may not yet be 
qualified shall also be considered, 
provided there is sufficient time to 
compl ete the qualification 
procedure;  
Annex  [2 and]US,CDA 3 Entities   
12. A procuring entity listed in Annex  [2 or]US,CDA 3 
may use a notice inviting suppliers to apply for inclusion 
on a multi -use list as a notice of intended procurement, 
provided that:  
 Article IX  
3. Entities in Annexes  2 and 3 may use a notice 
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.  
(a) the notice is published in  accordance 
with paragraph 7 and includes the 
information in paragraph  8, as much 
of the information in Article  VII:2 as is 
available, and a statement that it 
constitutes a notice of intended 
procurement or that only the suppliers 
on the multi -use list wil l receive 
further notice of procurements that 
are covered by the multi -use list;  
 
(b) the entity promptly provides to 
suppliers that have expressed an 
interest to the entity in a given 
procurement, sufficient information to 
permit them to assess their inte rest in 
the procurement, including all 
remaining information required in 
Article  VII:2, to the extent such 
information is available;  and Article IX  
5. Entities which use a notice regarding a 
qualification system as an invitation to participate 
shall provide, subject to the considerations referred to 
in paragraph 4 of Article  XVIII and in a timely manner, 
information which allows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in participating in 
the p rocurement.  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.  
 
9. ... 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 concer ned; 
 
 (e) a statement that the notice 
constitutes an invitation to 
participate.  
(c) a supplier having applied for inclusion 
on a multi -use list in accordance with 
paragraph  10 may be allowed to 
tender in a given procurement, where 
there is sufficient tim e for the 
procuring entity to examine whether 
it satisfies the conditions for 
participation.  
 Article VIII  
 (c) ... Suppliers requesting to 
participate in a particular intended 
procurement who may not yet be 
qualified shall also be considered, 
provided there is sufficient time to 
complete the qualification 
procedure;  
 
 ... 
 
 (e) if, after publication of the notice 
under paragraph 1 of Article  IX, a 
supplier not yet qualified requests 
to participate in an intended 
procurement, the entity shall 
promptly start procedures for 
qualification;  
 
Article  X GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient  time 
to complete the qualification procedure under Articles 
VIII and IX.  The number of additional suppliers 
permitted to participate shall be limited only by the 
efficient operation of the procurement system.  
Information on Procuring Entities’ Decisions   
13. A procuring entity shall promptly inform any 
supplier that submits a request for participation or 
application for inclusion on a multi -use list of its 
decision.  
 
14. Where a procuring entity rejects a supplier's 
request for participation or application for inclusion on 
a multi -use list, ceases to recognize a supplier as 
qualified, or removes a supplier from a multi -use list, 
the entity shall promptly inform the supplier and, on 
request of the supplier, promptly provide the su pplier 
with a written explanation of the reasons for its 
decision.  
 Article VIII  
 (f) any supplier having requested to 
become a qualified supplier shall be 
advised by the entities concerned of 
the decision in this regard.  Qualified 
suppliers included on pe rmanent 
lists by entities shall also be notified 
of the termination of any such lists 
or of their removal from them;  
 
Article XVIII  
2. Each entity shall, on request from a supplier of 
a Party, promptly provide:  
 
 ... 
 
 (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;  ... 
Article  X 
Technical Specifications and Tender 
Documentation   
Technical Specifications  Article VI 
Technical Specifications  
1. A procuring entity shall not prepare, adopt, or 
apply any technical specification or prescribe any 
conformity assessment procedure with the purpose or 
the effect of creating unnecessary obstacles to 
international trade.  1. Technical specifications ... shall not be 
prepared, adopted or applied with a view to, or with 
the effect of, creating unnecessary obstacles to 
international trade.  
2. In prescribing the technical 
specifications for the goods or se rvices being procured, 
a procuring entity shall, where appropriate:  2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical specification in 
terms of performance and functional 
requirements, rather  than design or 
descriptive characteristics;  and  (a) be in terms of performance rather 
than design or descriptive 
characteristics;  and 
(b) base the technical specification on 
international standards, where such 
exist;  otherwise, on national technical 
regulations, recognized national 
standards, or building codes.   (b) be based on international 
standards, where such exist;  
otherwise, on national technical 
regulations3, recognized national 
standards4, or building codes.  
3. Where design or descr iptive characteristics are 
used in the technical specifications, a procuring entity 
should indicate, where appropriate, that it will consider 
tenders of equivalent goods or services that 
demonstrably fulfil the requirements of the 
procurement by including words such as "or equivalent" 
in the tender documentation.   
4. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular 
trademark or trade name, patent, copyright, design or 
type, specific origin, producer or s upplier, unless there 
is no other sufficiently precise or intelligible way of 3. There shall be no requirement or reference to 
a particular trademark or trade name, patent, design 
or type, specific origin, producer or supplier, unless 
there is no sufficiently precise or intelligible way of 
describing the procurement requirements and GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
describing the procurement requirements and provided 
that, in such cases, the entity includes words such as 
"or equivalent" in the tender documentation.  provided that words such as "or equivalent" are 
included in the tender documentation.  
5. A procuring entity shall not seek or accept, in a 
manner that would have the effect of precluding 
competition, advice that may be used in the preparation 
or adoption of  any technical specification for a specific 
procurement from a person that may have a 
commercial interest in the procurement.  4. Entities shall not seek or accept, in a manner 
which would have the effect of precluding competition, 
advice which may be used in the preparation of 
specifications for a specific procurement from a firm 
that may have a commercial interest in the 
procurement.  
6. For greater certainty, a Party, including its 
procuring entities, may, in accordance with this Article, 
prepare, adopt, or apply technical specifications to 
promote the conservation of natural resources or 
protect the environment.   
Tender Documentation  Article XII  
Tender Documentation  
 1. If, in tendering procedures, an entity allows 
tenders to be submitted in several languages, one of 
those languages shall be one of the official languages 
of the WTO.  
7. A procuring entity shall provide to suppliers 
tender documentation that includes all information 
necessary to permit suppliers to prepare and submit 
responsive  tenders.  Unless already provided in the 
notice of intended procurement, such documentation 
shall include a complete description of:  2. Tender documentation provided to suppliers 
shall contain all information necessary to permit them 
to submit responsive t enders, including information 
required to be published in the notice of intended 
procurement, except for paragraph 6(g) of Article  IX, 
and the following:  
(a) the procurement, including the nature 
and the quantity of the goods or 
services to be procured or , where the 
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;   (g) a complete description of the 
products or services required or of 
any requirements including 
technical specifications, conformity 
certification to be fulfilled, 
necessary plans, drawings and 
instructional materials;  
 
(b) any conditions for participation of 
suppliers including a list of 
information and documents that 
suppliers are required to submit in 
connection therewith;   (f) any economic and technical 
requirement, financial guarantees 
and information or documents 
required from suppliers;  
(c) all evaluation criteria to be considered 
in the awarding of the contract, and, 
except where price is the sole 
criterion, the relative importance of 
such criteria;  
  (h) the criteria for awarding the 
contract, including any factors other 
than price that are to be considered 
in the evalu ation 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 p ayment;  
(d) where the procuring entity will 
conduct the procurement by 
electronic means any authentication 
and encryption requirements or other 
requirements related to the receipt of 
information by electronic means;   
(e) where the procuring entity will hold an 
electronic auction, the rules, including 
identification of the elements of the 
tender related to the evaluation 
criteria, on which the auction will be 
conducted;   GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) where there will be a public opening 
of tenders, the date, time and place 
for the opening and, where 
appropriate, the persons authorized 
to be present;  and  (e) the persons authorized to be 
present at the opening of tenders 
and the date, time and place of this 
opening;  
(g) any other terms or conditions, 
including terms of payment and any 
limitation on the means by which 
tenders may be submitted, e.g. paper 
or electronic means.  
 
(h) any dates for delivery of goods or the 
provision of services.   (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 
 (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 f or receipt 
of tenders and the length of time 
during which any tender should be 
open for acceptance;  
 ... 
 
(k) in accordance with Article XVII the 
terms and conditions, if any, under 
which tenders from countries not 
Parties to this Agreement, but which 
apply the procedures of that Article, 
will be entertained.  
8. In establishing any delivery date for the goods or 
services being procured, a procuring entity shall take 
into account such factors as the complexity of the 
procurement, the extent of subcontra cting anticipated 
and the realistic time required for production, de -
stocking and transport of goods from the point of supply 
or for supply of services.  Article  XI 
4. Consistent with the entity's own reasonable 
needs, any delivery date shall take into acco unt such 
factors as the complexity of the intended 
procurement, the extent of subcontracting anticipated 
and the realistic time required for production, de -
stocking and transport of goods from the points of 
supply or for supply of services.  
9. The evaluat ion criteria set out in the notice or 
tender documentation may include, among others, price 
and other cost factors, quality, technical merit, 
environmental characteristics, and terms of delivery.   
10. 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 t hat supplier an advantage 
over its competitors in the 
procurement.  
 Article XII  
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 th e procedure, and 
shall reply promptly to any 
reasonable request for 
explanations relating thereto.  
 
 (b) In selective procedures, entities 
shall forward the tender 
documentation at the request of 
any supplier requesting to 
participate, and shall reply 
promptly to any reasonable request 
for explanations relating thereto.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(c) Entities shall reply promptly to any 
reasonable request for relevant 
information submitted by a supplier 
participating in the tendering 
procedure, on condition that such 
information does not give that 
supplier an advantage over its 
competitors in the procedure for the 
award of the contract.  
Modifications   
11. Where, prior to the award of a contract, a 
procuring entity modifies the criteria or technical 
requirements set o ut in a notice or tender 
documentation provided to participating suppliers, or 
amends or reissues a notice or tender documentation, 
it shall transmit in writing all such modifications or 
amended or re -issued notice or tender documentation:  
 
(a) to all the suppliers that are 
participating at the 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 
amended tenders, as app ropriate.  
 Article IX  
10. If, after publication of an invitation to 
participate in any case of intended procurement, but 
before the time set for opening or receipt of tenders as 
specified in the notices or the tender documentation, 
it becomes necessary to amend or re -issue the notice, 
the amendment or the re -issued notice shall be given 
the same circulation as the original documents upon 
which the amendment is based.  Any significant 
information given to one supplier with respect to a 
particular  intended procurement shall be given 
simultaneously to all other suppliers concerned in 
adequate time to permit the suppliers to consider such 
information and to respond to it.  
 
Article  XIV 
4. Entities shall not, in the course of negotiations, 
discriminate  between different suppliers. In particular, 
they shall ensure that:  
 
 ... 
 
 (b) all modifications to the criteria and 
to the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
Article  XI 
Time -Periods  Article  XI 
Time-limits for Tendering and Delivery  
General  General  
1. A procuring entity shall, consistent with its own 
reasonable needs, provide sufficient time for suppliers 
to prepare and submit requests for participation and 
responsive tenders, taking into account such factors 
as: 
 
 (a) the nature and complexity of the 
procurement;  
 
 (b) the extent of subcontracting anticipated;  
and 
 
 (c) the time for transmitting tenders 
from foreign as well as domestic 
points where electroni c means are 
not used.  
 
Such time -periods, including any extension of the time -
periods, shall be common for all interested or 
participating suppliers.  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 intende d procurement, the 
extent of subcontracting anticipated 
and the normal time for 
transmitting tenders by mail from 
foreign as well as domestic points.  
 
 1. (b) Each Party shall ensure that its 
entities shall take due account of 
publication delays when sett ing the 
final date for receipt of tenders or of 
applications to be invited to tender.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Deadlines  Deadlines  
2. A procuring entity that uses selective tendering 
shall establish that the final date for the submission of 
requests for participation shall not, in principle, be less 
than 25  days from the date of publication of the notice 
of intended procurement.  Where a state of urgency 
duly substantiated by the procuring entity renders this 
time-period impracticable, the time -period may be 
reduced to not less th an 10  days.  
 2. Except in so far as provided in paragraph 3,  
 
 [...] 
 
 (b) in selective procedures not 
involving the use of a permanent list 
of qualified suppliers, the period for 
submitting an application to be 
invited to tender shall not be less 
than 25 days from the date of 
publication referred to in 
paragraph  1 of Article  IX; the 
period for receipt of tenders shall in 
no case be less than 40  days from 
the date of issuance of the invitation 
to tender;  
3. Except as provided for in paragraphs  4 and 5, a 
procuring entity shall establish that the final date for 
the submission of tenders shall not be less than 
40 days from the date on which:  
 
(a) in the case of tendering, the notice of 
intended procurement is published 
[and the tender documentation is 
available]KOR,SWI,HKC; or 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 the case of selective tendering, the 
entity notifies suppliers that they will 
be invited to submit tenders, whether 
or not it uses a multi -use list.  
  (b) in selective procedures not 
involving the use of a permanent list 
of qualified suppliers, the period for 
submitting an application to be 
invited to tender shall not be less 
than 25 days from the date of 
publication referred to in 
paragraph  1 of Article  IX; the 
period for receipt of tenders shall in 
no case be less than 40  days from 
the date of issuance of the  invitation 
to tender;  
 
(c) in selective procedures involving the 
use of a permanent list of qualified 
suppliers, the period for receipt of 
tenders shall not be less than 40 
days from the date of the initial 
issuance of invitations to tender, 
whether or not the date of initial 
issuance of invitations to tender 
coincides with the date of the 
publication referred to in 
paragraph  1 of Article  IX. 
 
4. A procuring entity may reduce the time -period 
for tendering set out in paragraph  3 to not less th an 
10 days where:  3. The periods referred to in paragraph 2 may be 
reduced in the circumstances set out below:  
 
 (a) ... the 40 -day limit for receipt of 
tenders may be replaced by a period 
sufficiently long to enable 
responsive tendering, which, as a 
gener al rule, shall not be less than 
24 days, but in any case not less 
than 10 days;  
(a) the procuring entity published a 
notice of planned procurement under 
Article  VII:4 at least 40  days and not 
more than 12  months in advance of 
the publication of the notice of 3. (a) if a separate notice has been 
published 40 days a nd not more 
than 12 months in advance and the 
notice contains at least:  
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
intended procurement, and the 
notice of planned procurement 
contains:  
 
(i) a desc ription of the procurement;  
 
(ii) the approximate time-limits 
for the submission of 
tenders or requests for 
participation;  
 
(iii) a statement that interested 
suppliers should express 
their interest in the 
procurement to the 
procuring entity;  
 
(iv) the addr ess from which 
documents relating to the 
procurement may be 
obtained;  and 
 
(v) as much of the information 
that is required under 
Article  VII:2 for the notice of 
intended procurement, as is 
available;  (i) as much of the information 
referred to in paragraph 6 of 
Article  IX as is available;  
 
(ii) the information referred to in 
paragraph  8 of Article  IX; 
 
(iii) a statement that interested 
suppliers should express their 
interest in the procurement to 
the entity;  and 
 
(iv) a contact point with the entity 
from which further information 
may be obtained,  
 
... 
 
[(b) the procuring entity publishes a 
second or subsequent notice [based 
on an initial agreement or contract]EC 
[relating to contracts of a recurring 
nature;]CDA or 
 3. (b) in the case of the second or 
subsequent publications dealing with 
contracts of a recurring nature 
within the meaning of paragraph 6 
of Article  IX, the 40-day limit for 
receipt of tenders may be reduced to 
not less than 24 days;  
(b)/(c)  a state of urgency duly substantiated 
by the procuring entity renders such 
time-period impracticable.  
 3. (c) where a state of urgency duly 
substantiated by the entity re nders 
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 
5. A procuring entity may reduce the time -period 
for tendering set out in paragraph  3 by five  days for 
each one of the following circumstances:  
 
(a) the notice of intended procurement is 
published by electronic means;  
 
(b) all the tender documentation is made 
available by electronic means  from 
the date of the publication of the 
notice of intended procurement;  and 
 
(c) the tenders can be received by 
electronic means by the procuring 
entity.   
6. The use of paragraph  5, in conjunction with 
paragraph  4, shall in no case result in the reductio n of 
the time -period for tendering set out in paragraph 3 to 
less than 10  days from the date on which the notice of 
intended procurement is published.   
7. Notwithstanding any other time -period in this 
Article, where a procuring entity purchases commercial  
goods or services, it may reduce the time -period for  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
tendering set out in paragraph  3 to not less than 
[15]EC,US,JPN,NOR [10]CDA days, provided that it publishes 
by electronic means, at the same time, both the notice 
of intended procurement and the comple te tender 
documentation.  Where the entity also accepts tenders 
for commercial goods and services by electronic 
means, it may reduce the tendering period set out in 
paragraph  3 to not less than [15]EC,US,JPN,NOR [10]CDA 
days.  
[N.B.:  The EC considers 15 and 10 days as a 
compromise and is considering proposing 15 
days in all cases if this is not acceptable to other 
Parties. ] 
8. Where a procuring entity in Annex  [2 or]US,CDA 3 
has selected all or a limited number of qualified 
suppliers, the t ime-period for tendering may be fixed 
by mutual agreement between the procuring entity and 
the selected suppliers.  In the absence of agreement, 
the period shall not be less than 10  days.  
 3. (d) the period referred to in 
paragraph  2(c) may, for 
procurement s by entities listed in 
Annexes  2 and 3, be fixed by mutual 
agreement between the entity and 
the selected suppliers.  In the 
absence of agreement, the entity 
may fix periods which shall be 
sufficiently long to enable 
responsive tendering and shall in 
any ca se not be less than 10 days.  
Article  XII 
Negotiation  Article  XIV 
Negotiation  
1. A Party may provide for its procuring entities to 
conduct negotiations:  1. A Party may provide for entities to conduct  
negotiations:  
(a) in the context of procurements in 
which they have indicated such intent 
in the notice of intended 
procurement in paragraph  2 of 
Article  VII; or 
 (a) in the context of procurements in 
which they have indicated such 
intent, namely in the notice referred 
to in paragraph 2 of Article IX (the 
invitation to suppliers to participate 
in the procedure for the proposed 
procurement);  or 
(b) where it appears from the evaluation 
that no one tender is obviously the 
most advantageous in terms of the 
specific evaluation cri teria set forth in 
the notices or tender documentation.  (b) when it appears from evaluation 
that no one tender is obviously the 
most advantageous in terms of the 
specific evaluation criteria set forth 
in the notices or tender 
documentation.  
 2. Negotiatio ns shall primarily be used to identify 
the strengths and weaknesses in tenders.  
 
3. Entities shall treat tenders in confidence. In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the le vel of other participants.  
2. A procuring entity shall:  
 
(a) ensure that any elimination of 
tenderers in negotiations is carried 
out in accordance with the evaluation  
criteria set out in the notices or 
tender documentation;  and 
 
 4. Entities shall not, in the course of negotiations, 
discriminate between different suppliers.  In particular, 
they shall ensure that:  
 
 (a) any elimination of participants is 
carried out in a ccordance with the 
criteria set forth in the notices and 
tender documentation;  
  (b) all modifications to the criteria and 
to the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 (c) all remaining participants are 
afforded an opportunity to submit 
new or amended submissions on the 
basis of the revised requirements;  
and 
 (b) when negotiations are concluded, 
provide a common deadline for the 
remaining tenderers to submit any 
new or revised tenders.   (d) when negotiations are concluded, all 
participants remaining in the 
negotiations shall be permitted to 
submit final tenders in accordance 
with a common deadline.  
Article  XIII 
Limited Tendering  
 Article  XV 
Limited Tendering  
1. Provided that it does not use this provision for 
the purpose of avoiding competition among suppliers 
or in a manner that discriminates against suppliers of 
the other Parties, or that protects domestic suppliers, 
a procuring entity may use limited tendering  and may 
choose not to apply Articles  [[VII through XII, 
XIV]US,EC[VII through IX, X (paragraphs 7 through 11), 
XI, XII, XIV]CDA and XV (paragraphs 1  and 3 through 
9)]US,EC,CDA only under the following circumstances:  
 
 1. The provisions of Articles  VII thr ough XIV 
governing open and selective tendering procedures 
need not apply in the following conditions, provided 
that limited tendering is not used with a view to 
avoiding maximum possible competition or in a manner 
which would constitute a means of discrim ination 
among suppliers of other Parties or protection to 
domestic producers or suppliers:  
 
Article VII  
3. For the purposes of this Agreement:  
 
(c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. 
(a) provided that the requirements of the 
tender documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted or no suppliers 
applied to meet the 
conditions for participation;  
 
(ii) where no tenders that 
conform to the essential 
requirements of the tender 
documentation were 
submitted;  
 
(iii) where no suppliers satisfied 
the conditions for 
participation;  or 
 
(iv) where the tenders 
submitted have been 
collusive;  Article XV:1  
 (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 participat ion 
provided for in accordance with this 
Agreement, on condition, however, 
that the requirements of the initial 
tender are not substantially modified 
in the contract as awarded;  
 
(b) where the goods or services can be 
supplied only by a particular supplier 
and no reasonable alternative or 
substitute goods or services exist for 
the following reasons:  
 
(i) the requirement is for a 
work of art;  
 
(ii) the protection of patents, 
copyrights or other 
exclusive rights;  or 
  (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;  
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(iii) due to an absence  of 
competition for technical 
reasons;  
(c) for additional deliveries by the 
original supplier of goods and 
services that were not included in the 
initial procurement where:  
 
(i) a change of supplier for such 
additional goods and 
services cannot  be made for 
economic or technical 
reasons such as 
requirements of 
interchangeability or 
interoperability with existing 
equipment, software, 
services, or installations 
procured under the ini tial 
procurement;  and 
 
(ii) such separation would 
cause significant 
inconvenience or substantial 
duplication of costs to the 
procuring entity;  
[N.B.:  Japan is still reviewing 
subparagraph (c) .]  (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 requireme nts 
of interchangeability with already 
existing equipment or services5; 
 
Footnote  
5. It is the understanding that "existing 
equipment" includes software to the extent that the 
initial procurement of the software was covered by the 
Agreement.  
 
(d) insofar as is strictly necessary where, 
for reasons of extreme urgency 
brought about by events 
unforeseeable by the procuring 
entity, the goods or services could 
not be obtained in time using open 
tendering or selective tendering;   (c) in so far as is stri ctly necessary 
when, for reasons of extreme 
urgency brought about by events 
unforeseeable by the entity, the 
products or services could not be 
obtained in time by means of open 
or selective tendering procedures;  
(e) for goods purchased on a commodity 
market;  (h) for products purchased on a 
commodity market;  
(f) where a procuring entity procures a 
prototype or a first good or service 
that is developed at its request in the 
course of, and for, a particular 
contract for research, experiment, 
study or origin al development.  
Original development of a first good 
or service may include limited 
production or supply in order to 
incorporate the results of field testing 
and to demonstrate that the good or 
service is suitable for production or 
supply in quantity to ac ceptable 
quality standards, but does not 
include quantity production or supply 
to establish commercial viability or to 
recover research and development 
costs;   (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 thr ough XIV6; 
 
Footnote  
6. Original development of a first product or 
service may include limited production or supply in 
order to incorporate the results of field testing and to 
demonstrate that the product or service is suitable for 
production or supply in quantity to acceptable quality 
standards.  It does not extend to quantity production 
or supply to establish commercial viability or to 
recover research and development costs.  
  (f) when additional construction 
services which were not included in 
the initia l contract but which were 
within the objectives of the original 
tender documentation have, through 
unforeseeable circumstances, 
become necessary to complete the 
construction services described 
therein, and the entity needs to GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
award contracts for the additi onal 
construction services to the 
contractor carrying out the 
construction services concerned 
since the separation of the additional 
construction services from the initial 
contract would be difficult for 
technical or economic reasons and 
cause significant inconvenience to 
the entity.  However, the total value 
of contracts awarded for the 
additional construction services may 
not exceed 50  per cent of the 
amount of the main contract;  
[(g) for new [construction]JPN,KOR services 
consisting of the repetition of similar 
services which conform to a basic 
project for which an initial contract 
was awarded following an open or 
selective procurement method and 
for which the procuring entity has 
indicated in the notice of intend ed 
procurement concerning the initial 
service, that a limited procurement 
method might be used in awarding 
contracts for such new services;]  
 [N.B.:  The majority of Parties support the 
deletion of this subparagraph.  Hong 
Kong, China;  Japan;  and Korea are s till 
considering its deletion. ]  (g) for new construction services 
consisting of the repetition of similar 
construction services which conform 
to a basic project for which an initial 
contract was awarded in accordance 
with Articles  VII through XIV and for 
which the entity has indicated 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 
excep tionally advantageous 
conditions which only arise in the 
very short term in the case of 
unusual disposals such as arising 
from liquidation, receivership or 
bankruptcy and not for routine 
purchases from regular suppliers;  
and  (i) for purchases made under 
exceptionally advantageous 
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;  
(i) where a contract is awarded to a 
winner of a design contest provided 
that: 
 
(i) the contest has been 
organized in a manner that 
is consistent with the 
principles of the Agreement, 
notably  as regards the 
publication of a notice of 
intended procurement;  and 
 
(ii) the participants are judged 
by an independent jury with 
a view to a design contract 
being awarded to a winner.   (j) in the case of contracts awarded to 
the winner of a design contes t 
provided that the contest has been 
organized in a manner which is 
consistent with the principles of this 
Agreement, notably as regards the 
publication, in the sense of 
Article  IX, of an invitation to suitably 
qualified suppliers, to participate in 
such a  contest which shall be judged 
by an independent jury with a view 
to design contracts being awarded to 
the winners.  
 
2. A procuring entity shall prepare a report in 
writing on each contract awarded under paragraph  1. 
Each such report shall include the name of the 
procuring entity, the value and kind of goods or 
services procured and a statement indicating the 
circumstances and conditions described in paragraph  1 
that justified the use of such procedures.  2. Entities shall prepare a report in writing on each 
contract awarded under the provisions of paragraph  1. 
Each report shall contain the name of the procuring 
entity, value and kind of goods or services procured, 
country of origin, and a statement of the conditions in 
this Article which prevailed.  This report shall remain 
with the entities concerned at the disposal of the 
government authorities responsible for the entity in GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
order that it may be used if required under the 
procedures of Articles  XVIII, XIX, XX and XXII.  
Article  XIV 
Electronic Auctions   
 Where a procuring entity intends to conduct a 
covered procurement using an electronic auction, the 
entity shall provide each participant, before 
commencing the electronic auction, with:  
 
(a) the automatic evaluation method 
including the mathematical formul a, 
that is based on the evaluation 
criteria set out in the tender 
documentation and that will be used 
in the automatic ranking or re -
ranking during the auction;  
 
(b) the results of any initial evaluation of 
the elements of its tender where the 
contract is to be awarded on the 
basis of the most advantageous 
tender;  and 
 
(c) any other relevant information 
relating to the conduct of the auction.  Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in the 
Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in particular aim 
to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly  identified and that all 
available information relating to a particular contract 
can be identified.  When a Party intends to innovate, it 
shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
Article  XV 
Treatment of Tenders and Contract Awards  Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
Treatment of Tenders  Opening of Tenders  
1. A procuring entity shall receive, open, and treat 
all tenders under procedures that guarantee the 
fairness and impartiality of the procurement process, 
and the confidentiality of tenders.  
 3. All tenders solicited under open or selective 
procedures by entities shall be received and opened 
under procedures and conditions gu aranteeing the 
regularity of the openings.  The receipt and opening of 
tenders shall also be consistent with the national 
treatment and non -discrimination provisions of this 
Agreement.  Information on the opening of tenders 
shall remain with the entity conce rned at the disposal 
of the government authorities responsible for the 
entity in order that it may be used if required under 
the procedures of Articles  XVIII, XIX, XX  and XXII.  
 
Article XIV  
3. Entities shall treat tenders in confidence.  In 
particular, they  shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
2. A procuring entity shall not penalize any supplier 
whose tender is received after the time specified for 
receiving tenders if the delay is due solely to 
mishandling on the part of the procuring entity.  
 
 Article XIII  
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 t ime 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.  
3. When a procuring entity provides suppliers with 
opportunities to correct unintentional errors of form 
between the opening of tenders and the awarding of the 
contract, the procuring entity shall provide the same 
opportunities to all participating suppliers.  
 1. (b) the opportunities that may be given 
to tenderers to correct unintentional 
errors of form between the opening 
of tenders and the awarding of the 
contract shall not be permitted to 
give rise to any discriminatory 
practice.  
Awarding of Contracts  
 1. The submission, receipt and opening of tenders 
and awarding of contracts shall be consistent with the 
following:  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. To be considered for award, a tender m ust be in 
writing and must, at the time of opening, comply with 
the essential requirements of the notices and tender 
documentation and be from a supplier that satisfies the 
conditions for participation.  
  
 (a) tenders shall normally be submitted 
in writing directly or by mail.  If 
tenders by telex, telegram or 
facsimile are permitted, the tender 
made thereby must include all the 
information nec essary 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 conten t and 
any documentation received after 
the time -limit; and 
 
Award of Contracts  
4. (a) To be considered for award, a tender 
must, at the time of opening, conform 
to the essential requirements of the 
notices or tender documentation and 
be from a supplier which complies 
with the conditions for participation. 
... 
 
 (c) Awards shall be made in accordance 
with the criteria and essential 
requirements specified in the tender 
documentation.  
5. Unless a procuring entity determines that it is 
not in the p ublic interest to award a contract, it  shall 
award the contract to the supplier that the entity has 
determined to be fully capable of undertaking the 
contract and, based solely on the evaluation criteria 
specified in the notices and tender documentation, h as 
submitted:  
 
(a) the most advantageous tender;  or 
 
(b) where price is the sole criterion, the 
lowest price.  4. (b) Unless in the public interest an 
entity decides not to issue the 
contract, the entity shall make the 
award to the tenderer who has been 
determined to be fully capable of 
undertaking the contract and whose 
tender, whether for domestic 
products or services, or products or 
services of other Parties, is either 
the lowest tender or the tender 
which in terms of the specific 
evaluation criteria s et forth in the 
notices or tender documentation is 
determined to be the most 
advantageous.  
6. Where a procuring entity receives a tender with 
a price that is abnormally lower than the prices in other 
tenders submitted, it may verify with the tenderer that  
it can comply with the conditions of participation and 
be capable of fulfilling the terms of the contract.  4. (a) ... If an entity has received a tender 
abnormally lower than other tenders submitted, it may 
enquire with the tenderer to ensure that it can comply 
with the conditions of participation and be capable of 
fulfilling the terms of the contract.  
7. A procuring entity shall not use option clauses, 
cancel a procurement or modify awarded contracts in a 
manner that circumvents the obligations of the 
Agreement.  5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
 
Article  XVI 
Transparency of Procurement Information  Article XVIII  
Information and Review as Regards Obligations of 
Entities  
Information Provided to Suppliers   GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. A procuring entity shall promptly inform 
participating suppliers of the entity's contract award 
decisions and, on request, in writing.  Subject to 
Article  XVII, a procuring entity shall, on request, 
provide a n unsuccessful supplier with an explanation 
of the reasons that the entity did not select its tender 
and the relative advantages of the successful supplier's 
tender.  
 
 3. Entities shall promptly inform participating 
suppliers of decisions on contract award s and, upon 
request, in writing.  
 
2. Each entity shall, on request from a supplier of 
a Party, promptly provide:  
 
 ... 
 
 (c) to an unsuccessful tenderer, 
pertinent information concerning the 
reasons why its tender was not 
selected and on the characteristics 
and relative advantages of the 
tender selected as well as the name 
of the winning tenderer.  
Publication of Award Information   
2. Not later than 72  days after the award of each 
contract covered by the Agreement, a procuring entity 
shall pu blish a notice in the appropriate paper or 
electronic media listed in Appendix  [III]. Where only 
an electronic medium is used, the information shall 
remain readily accessible for a reasonable period of 
time. The notice shall include at least the following 
information:  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) a description of the goods or ser vices 
procured;  
  (a) the nature and quantity of products 
or services in the contract award;  
(b) the name and address of the 
procuring entity;   (b) the name and address of the entity 
awarding the contract;  
(c) the name and address of the 
successful supplier;   (d) the name and address of winning 
tenderer;  
(d) the value of the successful tender or 
the highest and lowest offers taken 
into account in the award of the 
contract;   (e) the value of the winning award or 
the highest and lowest offe r taken 
into account in the award of the 
contract;  
(e) the date of award;  and  (c) the date of award;  
(f) the type of procurement method 
used, and in cases where limited 
tendering was used pursuant to 
Article  XIII, a description of the 
circumstances justifying the use of 
such procedure.  
  (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 . 
Maintenance of Documentation, Reports, and 
Electronic Traceability   
3. Each procuring entity shall, for a period of at 
least three  years from the award of the contract:  
 
(a) maintain documentation and reports 
of tendering procedures and contract 
awards relating to covered 
procurement, including the reports 
provided for in Article  XIII; and 
 
(b) maintain data that ensure the 
appropriate traceability of the 
conduct of covered procurement by 
electronic means.  Article XX  
4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by this Agreement shall be 
retained for three years.  
 
Article XV  
2. Entities shall prepare a report in writing on each 
contract awarded under the provisi ons of paragraph 1. 
Each report shall contain the name of the procuring 
entity, value and kind of goods or services procured, 
country of origin, and a statement of the conditions in 
this Article which prevailed.  This report shall remain 
with the entities c oncerned at the disposal of the 
government authorities responsible for the entity in 
order that it may be used if required under the 
procedures of Articles XVIII, XIX, XX and XXII.  
Collection and Report of Statistics   GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. Each Party shall collect and report to the 
Committee statistics on its contracts covered by the 
Agreement.  Each report shall cover one  year and be 
submitted within two  years of the end of the reporting 
period, and shall contain:  Article XIX  
5. Each Party shall collect and provide to t he 
Committee on an annual basis statistics on its 
procurements covered by this Agreement.  Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
(a) for Annex  1 proc uring entities:  
 
(i) the number and total value, 
for all such entities, of 
contracts covered by the 
Agreement;  
 
(ii) the number and total value 
of all contracts covered by 
the Agreement awarded by 
such entities, broken down 
by categories of goods and 
services according to an 
internationally recognized 
uniform classification 
system;  and 
 
(iii) the number and total value 
of contracts covered by the 
Agreement awarded by 
each such entity under 
limited tendering;  
 (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;  ...; 
 
(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;  ...; 
 
(c) for entities in Annex  1, statistics, 
broken down by entity and by 
categories of products and services, 
on the number and tot al value of 
contracts awarded 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;  ... . 
(b) for Annex  2 and 3 procuring entities, 
the number and total value of 
contracts covered by the Agreement 
awarded by all such entities, broken 
down by Annex;  and 
 5. Each Party shall collect and provide to the 
Committee on an annual basis  statistics on its 
procurements covered by this Agreement.  Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) ... for entities in 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 Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
thresho ld value broken down by 
categories of entities and categories 
of products and services;  
 
(c) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
above the threshold value under each 
of the cases of Article  XV; and 
 
 (d) ... for 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.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) estimates for the information 
required under subparagraphs (a) 
and (b), with an explanation of the 
methodology used to develop the 
estimates, where it is not feasible to 
provide the data.   
 5. ... To the extent that such information is 
available, each Party shall provide statistics on the 
country of  origin of products and services purchased by 
its entities.  With a view to ensuring that such statistics 
are comparable, the Committee shall provide guidance 
on methods to be used.  With a view to ensuring effective 
monitoring of procurement covered by this  Agreement, 
the Committee may decide unanimously to modify the 
requirements of subparagraphs (a) through (d) as 
regards the nature and the extent of statistical 
information to be provided and the breakdowns and 
classifications to be used.  
5. Where a Party  publishes its statistics on an 
official website, the Party may substitute a notification 
of the website address for the submission of the data 
under paragraph 4, with any instructions necessary to 
access and use such statistics.   
6. Where a Party requires notices concerning 
awarded contracts, pursuant to paragraph  2, to be 
published electronically and where such notices are 
accessible to the public through a single database in a 
form permitting analysis of the covered contracts, the 
Party may subst itute a notification of the website 
address for the submission of the data under 
paragraph 4, with any instructions necessary to access 
and use such data.   
Article  XVII  
Disclosure of Information   
Provision of Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
1. On request of any other Party, a Party shall 
provide promptly any information necessary to 
determine whether the procurement was conducted 
fairly, impartially and in accordance with the 
Agreement, including information on the 
characteristics and relative advantages of the 
successful tender.  In cases where release of this 
information would prejudice competition in future 
tenders, the Party that receives that information shall 
not disclose it to any supplier, except after consultation 
with, and agreement of, the Party that provided the 
information.  
 2. The government of an unsuccessful tenderer 
which is a Party to this Agreement may seek, without 
prejudice to the provisions under Article  XXII, such 
additional information on the contract award as may 
be necessary to ensure that the procurement was 
made fairly and impartially.  To this end, the procuring 
government shall provide information on both the 
characteristics and relative advantages of the winning 
tender and the contract price.  Normally this latter 
information may be disclosed by the government of 
the unsuccessful tenderer provided it exercises this 
right with discretion.  In cases where release of this 
information would prejudice competi tion 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.  
Non-Disclosure of Information  
 
2. Notwithstanding any other provision of the 
Agreement, a Party, including its procuring entities, 
may not provide informat ion to a particular supplier Article VII  
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.  
 GPA/TN1994/4/Rev.12  
 
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that might prejudice fair competition between 
suppliers.  
 Article XIV  
3. Entities shall treat tenders in confidence. In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
3. Nothing in the Agreement shall be construed to 
require a Party, including its procuring entities, 
authorities, and r eview bodies, to release confidential 
information under the Agreement where release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition 
between suppliers;  
 
(c) would prejudice the legitimate 
commercial interests, including the 
protection of intellectual property, of 
particular persons;  or 
 
(d) would otherwise be contrary to the 
public interest.  
 Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public  interest or would prejudice the 
legitimate commercial interest of particular 
enterprises, public or private, or might prejudice fair 
competition between suppliers shall not be revealed 
without formal authorization from the party providing 
the information.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public interest o r would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
Article  XVIII  
Domestic Review Procedures for Supplier 
Challenges  
 
[N.B.:  Hong Kong, China;  and Korea are still 
considering the reference to "Party's measures 
implementing the Agreement". ] Article XX  
Challenge Procedures  
1. Each Party shall provide a timely, effective, 
transparent, and non -discriminatory administrative or 
judicial review procedure t hrough which a supplier may 
challenge a failure to comply with a Party's measures 
implementing the Agreement, arising in the context of 
a covered procurement, in which it has, or has had, an 
interest.  The procedural rules for all  challenges shall 
be in wri ting and made generally available.  
 Challenge  
2. Each Party shall provide non -discriminatory, 
timely, transparent and effective procedures enabling 
suppliers to challenge alleged breaches of the 
Agreement arising in the context of procurements in 
which they have, or have had, an interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
2. In the event of a complaint  by a supplier, arising 
in the context of covered procurement in which the 
supplie r has, or has had, an interest, that there has 
been a failure to comply with a Party's measures 
implementing the Agreement, each Party shall 
encourage the procuring entity and supplier to seek 
resolution of the complaint through consultations.  The 
procurin g entity shall accord impartial and timely 
consideration to any such complaint in a manner that 
is not prejudicial to the supplier's participation in 
ongoing or future procurement or to the right to seek 
corrective measures under the administrative or 
judicial review procedure.  Consultations  
1. In the event of a complaint by a supplier that 
there has been a breach of this Agreement in the 
context of a procurement, each Party shall encourage 
the supplier to seek resolution of its complaint in 
consultation wi th the procuring entity. In such 
instances the procuring entity shall accord impartial 
and timely consideration to any such complaint, in a 
manner that is not prejudicial to obtaining corrective 
measures under the challenge system.  
 GPA/TN1994/4/Rev.12  
 
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3. Each supplier shall  be allowed a sufficient 
period of time to prepare and submit a challenge, 
which in no case shall be less than 10  days from the 
time when the basis of the challenge became known or 
reasonably should have become known to the supplier.  
[This time -period may be reduced to seven days in 
procurement:  
 
(a) that is conducted in accordance with 
Article XI:4 due to a state of 
urgency;  
 
(b) that is conducted in accordance with 
Article XI:7 for commercial goods or 
services;  or 
 
(c) where the award of a contract is 
based on [a framework agreement 
or other] multi -award contract or 
agreement.]EC,US 5. The interested supplier may be required to 
initiate a challenge procedure and notify the procuring 
entity within specified time -limits from the time when 
the basis of the complaint is known or reasonably 
should have been known, but in no case within a period 
of less than 10 days.  
 
4. Each Party shall establish or designate at least 
one impartial administrative or judicial authority that 
is independent of its p rocuring entities to receive and 
review a challenge by a supplier arising in the context 
of a covered procurement.  6. Challenges shall be heard by a court or by an 
impartial and independent review body with no 
interest in the outcome of the procurement and  the 
members of which are secure from external influence 
during the term of appointment. ...  
5. Where a body other than an authority referred 
to in paragraph  4 initially reviews a challenge, the 
Party shall ensure that the supplier may appeal the 
initial decision to an impartial administrative or judicial 
authority that is independent of the procuring entity 
that is the subject of the challenge.   
6. A review body that is not a court shall either be 
subject to judicial review or shall have procedur es 
which provide that:  6. ... A review body which is not a court shall 
either be subject to judicial review or shall have 
procedures which provide that:  
(a) the procuring entity shall respond in 
writing to the challenge  and disclose 
all relevant documents to the review 
body;  
  (e) opinions or decisions are given in 
writing with a statement describing 
the basis for the opinions or 
decisions;  
 
 ... 
 
 (g) documents are disclosed to the 
review body.  
(b) the participants to the proceedings 
("participants") shall have the right 
to be heard prior to a decision of the 
review body being made on the 
challenge;   (a) participants can be heard before an 
opinion is given or a decision is 
reached;  
 
(c) the participants shall have the right 
to be represented and accompanied;   (b) participants can be represented and 
accompanied;  
(d) the participants shall have access to 
all proceedings;   (c) participants shall have access to all 
proceedings;  
(e) the participants shall, have the right 
to request th at the proceedings take 
place in public and that witnesses 
may be presented;  and  (d) proceedings can take place in public;  
 
(f) decisions or recommendations 
relating to supplier challenges shall 
be provided, in a timely fashion, in 
writing, with an explanation of the 
basis for each decision or 
recommendation.   (f) witnesses can be presented;  
 
7. Each Party shall adopt or maintain procedures 
that provide for:  7. Challenge procedures shall provide for:  
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) rapid interim measures to preserve 
the supplier's opportunity to 
participate in the procurement.  Such 
interim measures may result in 
suspension of the procurement 
process.  However, procedures may 
provide that overriding adverse 
consequences for the interests 
concerned, including the public 
interest, may be taken into account 
when deciding whether such 
measures should be applied.  In such 
circumstances, just cause for not 
acting shall be provided in writing;  
and   (a) rapid interim measures to correct 
breaches of the Agreement and to 
preserve comm ercial opportunities. 
Such action may result in suspension 
of the procurement process. 
However, procedures may provide 
that overriding adverse 
consequences for the interests 
concerned, including the public 
interest, may be taken into account 
in deciding wh ether such measures 
should be applied.  In such 
circumstances, just cause for not 
acting shall be provided in writing;  
  (b) an assessment and a possibility for a 
decision on the justification of the 
challenge;  
(b) corrective action where a review 
body has determined that there has 
been a failure by a procuring entity 
to comply with a Party's measures 
implementing the Agreement or 
compensation for the loss or 
damages suffered, which may be 
limited to the costs for the 
preparation of the tender, the costs 
relating to the challenge, or both.  
  [N.B.:  Hong Kong, China is 
checking on the language of 
subparagraph (b). ]  (c) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which 
may be limited to costs for tender 
preparation or protest.  
 
 8. With a view to the preservation of the 
commercial and other interests involved, the challenge 
procedure shall normally be completed in a timely 
fashion.  
Article  XIX 
Modifications and Rectifications to Coverage  
[N.B.:  Japan continues to see a necessity for 
arbitration provisions. ]  
Notification of Proposed Modification  
 
1. A Party shall notify the Committee of any 
proposed rectification, transfer of an entity from one 
Annex to another, withdrawal of an entity, or other 
modification (referred to generally in this Article as 
"modification") of Appendix I.  The Party proposing the 
modification ("modifying Party") shall include in the 
notification:  
 
(a) for any proposed withdrawal of an 
entity from Appendix  I in exercis e of 
its rights on the grounds that 
government control or influence over 
it [in respect of its covered 
procurement]SGP,JPN has been 
effectively eliminated, [including by 
virtue of liberalization,]EC,NOR,SWI 
evidence [of such elimination]SGP,JPN 
[that such government control or 
influence has been effectively 
eliminated]EC,US including information 
that addresses, as appropriate, any 
indicative criteria developed by the 
Committee [in accordance with 
paragraph [7]]US,EC; or Article XXIV  
6. Rectifications or Modifications  
 (a) Rectifications, transfers of an entity 
from one Annex to another or, in 
exceptional cases, other 
modifications relating to Appendices 
I throug h IV shall be notified to the 
Committee, along with information 
as to the likely consequences of the 
change for the mutually agreed 
coverage provided in this 
Agreement. ...  
 (b) Where a Party wishes, in exercise of 
its rights, to withdraw an entity from 
Appendix I on the grounds that 
government control or influence 
over it has been effectively 
eliminated, that Party shall notify 
the Committee. …  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(b) for any other proposed modificat ion, 
information as to the likely 
consequences of the change for the 
mutually agreed coverage provided in 
the Agreement.  
 
[2. Where a Party uses a method other than a list 
of specific entities to identify its covered entities in 
Appendix  I to the Agreement , the Party shall notify, at 
least annually in accordance with paragraph  1, all 
proposed modifications to the covered entities that are 
within the scope of the entities generally described or 
referred to by the Party in the Annexes.  Where no such 
modificat ions are contemplated a nil report will be 
provided.]CDA,JPN 
Objection to Notification  
 
3. Any Party whose [rights]US,EC,NOR,JPN,KOR,SWI,SGP 
[benefits]CDA under the Agreement may be affected by 
a proposed modification notified under paragraph  1 
may notify the Committee of any objection to the 
proposed modification.  Such objections shall be made 
within 45  days from the date of the circulation to the 
Parties of the notification, and shall set out reasons for 
the objection.  
 
Consultations  
 
4. The modifying Party and any Party making an 
objection ("objecting Party") shall seek to resolve the 
objection through consultations.  In such consultations, 
the modifying a nd objecting Parties concerned shall 
consider the proposed modification and, in  the case of 
a notification under paragraph  1(b), any claim for 
compensatory adjustments, with a view to maintaining 
a balance of rights and obligations and a comparable 
level o f mutually agreed coverage provided in the 
Agreement prior to such notification.  6. Rectifications or Modifications  
 
 (a) ... The Committee shall consider the 
proposal and any claim for 
compensatory adjustments, with a 
view to maintaining a balance of 
rights and obligations and a 
comparable level of mutually agreed 
coverage provided in this Agreement 
prior to such notification.  
 
Revised Modification  
 
5. If the modifying Party and any objecting Party 
resolve the objection through consultations, and the 
modifying Party revises its proposed modification as a 
result of those consultations, the modifying Party shall 
notify the Committee in accordance with paragraph  1, 
and any such revised modification shall only be 
effective after fulfilling the requirements  of this Article.  
 
 
 6. Rectifications or Modifications  
 
 (a) ... In the event of agreement not 
being reached, the matter may be 
pursued in accordance with the 
provisions contained in Article XXII.  
 
 (b) … In the event of an objection, the 
matter may be pursued in 
accordance with the procedures on 
consultations and dispute settlement 
contained in Article  XXII. In 
considering the proposed 
modification to Appendix I and any 
consequential compensatory 
adjustment, allowance shall be 
made for the market -openin g effects 
of the removal of government 
control or influence.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Implementation  
 
6. A proposed modification shall become effective 
only where:  
 
(a) no Party submits to the Committee a 
written objection to the proposed 
modification within 45  days from the 
date of circulation of the notification 
of the proposed modification under 
paragraph  1; 
 
(b) all objecting Parties have notified the 
Committee that they withdraw their 
objections to the proposed 
modification[;  or 
 
(c) 150 days from the date of circulation 
of the notification of the proposed 
modification under paragraph 
1[(b)]SGP have elapsed, and the 
modifying Party has informed the 
Committee of its intention to 
implement the 
modification.]US,EC,SWI,NOR 6. Rectifications or Modifications  
 
 (a) ... If the rectifications, transfers or 
other modifications are of a purely 
formal or minor nature, they shall 
become effective provided there is 
no objection within 30  days. ...  
 
 (b) ... Such modification shall become 
effective the day after the end of th e 
following meeting of the Committee, 
provided that the meeting is no 
sooner than 30  days from the date 
of notification and no objection has 
been made. ...  
 
[7. Where a modification becomes effective 
pursuant to paragraph 6(c), any objecting Party may 
withdraw substantially equivalent coverage.  
Notwithstanding Article V:1(b), such a withdrawal may 
be implemented solely with respect to the modifying 
Party.  Any objecting Party shall inform the Committee 
of any such withdrawal at least 30 days before 
imple menting it.]US,EC,NOR 
 
[7bis. In respect of a proposed modification under 
paragraph 1(a), if the modifying Party and the 
objecting Party are unable to resolve their objections 
through consultations, the issue of whether there is 
effective elimination of go vernment control or influence 
over a procuring entity which will entitle the modifying 
Party to withdraw it from its Appendix I shall be 
resolved in accordance with Article  XX.]SGP  
Committee Responsibilities  
 
[8. The Committee may develop working 
procedu res to facilitate resolution of disputes under 
paragraph 2, criteria  that indicate the effective 
elimination of government control or influence over an 
entity[ which shall apply only where government 
control or influence over an entity's covered 
procuremen t has not been effectively eliminated]SGP, 
and criteria that indicate how to determine the level of 
compensatory adjustment to be offered for 
modifications made pursuant to 
paragraph  1(b).]EC,US,SWI,CDA,NOR 
 6. Rectifications or Modifications  
 
 (a) ... In other cases, the Chairman of 
the Committee shall promptly 
convene a meeting of the 
Committee. ...  
 
 (b) ... Such modification shall become 
effective the day after the end of the 
following meeting of the Committee, 
provided that the meeting is no 
sooner than 30 days from the date 
of notification and no objection has 
been made. ...  
Article  XX 
Consultations and Dispute Settlement  Article XXII  
Consultations and Dispute Settlement  
1. Each Party shall accord sympathetic 
consideration to, and shall afford adequate opportunity 
for, consultation regarding such representations as 
may be made by another Party with respect to any 
matter affecting the operation of the Agreement.  2. ... Any Party thus approached shall give 
sympathetic consideration to the r epresentations or 
proposals made to it.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under the 
Agreement is being nullified or impaired, or that the 
attainment of any objective of the Agreement is being 
impeded as the result of the failure of another Party or 
Parties to carry out its obligations under the 
Agreement[, or the application by another Party or 
Parties of any measure, whether or not it conflicts with 
the provisions of the Agreement,]CDA,JPN,US it may with  a 
view to reaching a mutually satisfactory solution to the 
matter, have recourse to the provisions of the 
Understanding on Rules and Procedures Governing the 
Settlement of Disputes (hereinafter referred to as "the 
Dispute Settlement Understanding").  2. If any Party considers that any benefit accruing 
to it, directly or indirectly, under this Agreement is 
being nullified or impaired, or that the attainment of 
any objective of this Agreement is being impeded as 
the result of the failure of another Party or P arties to 
carry out its obligations under this Agreement, or the 
application by another Party or Parties of any measure, 
whether or not it conflicts with the provisions of this 
Agreement, it may with a view to reaching a mutually 
satisfactory resolution of  the matter, make written 
representations or proposals to the other Party or 
Parties which it considers to be concerned. Such action 
shall be promptly notified to the Dispute Settlement 
Body established under the Dispute Settlement 
Understanding (hereinaft er referred to as "DSB"), as 
specified below.  ... 
3. The Dispute Settlement Understanding applies 
to consultations and the settlement of disputes under 
the Agreement, with the following modifications:  1. The provisions of the Understanding on Rules 
and Pr ocedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") shall be 
applicable except as otherwise specifically provided 
below.  
[(a) in the case of a dispute in which 
provision s of the Agreement and of 
one or more other Agreements listed 
in Appendix  1 of the Dispute 
Settlement Understanding are 
invoked by one of the parties to the 
dispute, only a Member of the WTO 
that is a Party to this Agreement 
may, with respect to those part s of 
the dispute concerning the 
Agreement:  
 
(i) participate in decisions or 
actions of the Dispute 
Settlement Body;  
(ii) join as a third Party in 
consultations;  and 
(iii) participate as a third Party 
during panel and Appellate 
Body 
proceedings;]US,EC,JPN,ISR 
 and 
  3. The DSB shall have the authority to establish 
panels, adopt panel and Appellate Body reports, make 
recommendations or give rulings on the matter, 
maintain surveillance of implementation of rulings and 
recommendations, a nd authorize suspension of 
concessions and other obligations under this 
Agreement or consultations regarding remedies when 
withdrawal of measures found to be in contravention 
of the Agreement is not possible, provided that only 
Members of the WTO Party to this Agreement shall 
participate in decisions or actions taken by the DSB 
with respect to disputes under this Agreement.  
 
 
 5. Panels established by the DSB to examine 
disputes under this Agreement should include persons 
qualified in the area of governmen t procurement.  
 
 6. Every effort shall be made to accelerate the 
proceedings to the greatest extent possible. 
Notwithstanding the provisions of paragraphs 8 and 9 
of Article 12 of the Dispute Settlement Understanding, 
the panel shall attempt to provide its final report to the  
parties to the dispute not later than four months, and 
in case of delay not later than seven months, after the 
date on which the composition and terms of reference 
of the panel are agreed. Consequently, every effort 
shall be made to reduce also the period s foreseen in 
paragraph 1 of Article 20 and paragraph 4 of Article 21 
of the Dispute Settlement Understanding by two 
months. Moreover, notwithstanding the provisions of 
paragraph 5 of Article 21 of the Dispute Settlement 
Understanding, the panel shall atte mpt to issue its GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
decision, in case of a disagreement as to the existence 
or consistency with a covered Agreement of measures 
taken to comply with the recommendations and 
rulings, within 60 days.  
 [(b) notwithstanding 
paragraph  3 of Article  22 of the 
Dispu te Settlement Understanding, 
any dispute arising under any 
Agreement listed in Appendix  1 to 
the Dispute Settlement 
Understanding other than this 
Agreement shall not result in the 
suspension of concessions or other 
obligations under this Agreement, 
and any  dispute arising under this 
Agreement shall not result in the 
suspension of concessions or other 
obligations under any other 
Agreement listed in the said 
Appendix  1].US,ISR,JPN,CDA,KOR 
 
 [(bbis) Where a Party, pursuant to 
Article 22.2 DSU, requests 
authori zation to suspend concessions 
or other obligations and either the 
violation or other nullification or 
impairment is under this Agreement, 
or the Party envisages suspending 
concessions or other obligations 
under this Agreement the following 
principles and p rocedures shall 
replace those set out in Article 22.3 
DSU: 
 
(i) where the panel or 
Appellate Body has found a 
violation or other 
nullification or other 
impairment under this 
Agreement, the complaining 
Party should first seek to 
suspend concessions or 
other  obligations under this 
Agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend concessions or 
other obligations under this 
Agreement, and that the 
circumstances are serious 
enough, it may seek to 
suspend concessions or 
other obligations under 
another covered 
agreement;  
 
(ii) where the panel or 
Appellate Body has found a 
violation or other 
nullification or other 
impairment under another 
covered agreement, the 
complaining Party should 
first seek to suspend 
concessions or other 
obligations under that 
agreement.  If that Party 7. Notwithstanding paragraph  2 of Article  22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix  1 to 
the Dispute Settlement Understanding other than th is 
Agreement shall not result in the suspension of 
concessions or other obligations under this Agreement, 
and any dispute arising under this Agreement shall not 
result in the suspension of concessions or other 
obligations under any other Agreement listed i n the 
said Appendix  1. 
 GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
considers that it is not 
practicable or effective to 
suspend concessions or 
other obligations under that 
agreement, and that the 
circumstances are serious 
enough, it may seek to 
suspend concessions or 
other obligations under this 
Agreement;  
 
(iii) in applying the above 
principles, that Party shall 
take into account:  
 
(a) the trade under the Agreement 
under which the panel or Appellate 
Body has found a violation or other 
nullificati on or impairment, and the 
importance of such trade to that 
Party;  
 
(b) the broader economic elements 
related to the nullification or 
impairment and the broader 
economic consequences of the 
suspension of concession or other 
obligations;  
 
(iv) if that Party decides to 
request authorization to 
suspend concessions or 
other obligations pursuant 
to the second sentence of 
subparagraphs  (i) or  (ii), it 
shall state the reasons 
therefore in its request.  At 
the same time as the 
request is forwarded to the 
DSB, it also  shall be 
forwarded to the Committee 
and the relevant Councils.  
 
(v) all other provisions of Article 
22 DSU are applicable to a 
suspension of concessions 
or other obligations under 
the GPA.  In such cases, 
references to Article  22.3 
DSU in Article  22.6 DSU 
should be read as a 
reference to this 
provision.]EC,SWI GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 4. Panels shall have the following terms of 
reference unless the parties to the dispute agree 
otherwise within 20 days of the establishment of the 
panel:  
 
"To examine, in the light of the relevant provisions 
of this Agreement and of (name of any other 
covered Agreement cited by the parties to the 
dispute), the matter referred to the DSB by (name 
of party) in document ... and to make such 
findings as will assist the DSB in making the 
recommendations or in giving the ru lings provided 
for in this Agreement."  
 
In the case of a dispute in which provisions both of this 
Agreement and of one or more other Agreements listed 
in Appendix  1 of the Dispute Settlement 
Understanding are invoked by one of the parties to the 
dispute, paragraph 3 shall apply only to those parts of 
the panel report concerning the interpretation and 
application of this Agreement.  
Article  XXI 
Institutions  Article XXI  
Institutions  
Committee on Government Procurement   
1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established.  This Committee shall elect its own 
Chairman and shall meet as necessary, but not less 
than once  a year, for the purpose of affording Parties 
the opportunity t o consult on any matters relating to 
the operation of the Agreement or the furtherance of 
its objectives, and to carry out such other 
responsibilities as may be assigned to it by the Parties.  
 1. A Committee on Government Procurement 
composed of representa tives from each of the Parties 
shall be established.  This Committee shall elect its own 
Chairman and Vice -Chairman and shall meet as 
necessary but not less than once a year for the purpose 
of affording Parties the opportunity to consult on any 
matters rela ting to the operation of this Agreement or 
the furtherance of its objectives, and to carry out such 
other responsibilities as may be assigned to it by the 
Parties.  
2. The Committee may establish working parties or 
other subsidiary bodies that shall carry out such 
functions as may be given to them by the Committee.  2. The Committee may establish working parties or 
other subsidiary bodies which shall carry out such 
functions as may be given to them by the Committee.  
Observers   
3. Any WTO Member that is not a Party to the 
Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a written 
notice to the Secretariat.  Any WTO observer may 
submit a written request to the Secretariat to 
participate in the Committee as an obs erver, and may 
be accorded observer status by the Committee.  2. Governments not Parties to the Agreement 
which comply with the conditions specified in 
paragraphs 1(a) through  1(c), shall be entitled if they 
so inform the Parties to participate in the Commi ttee 
as observers.  
 
Article  XXII  
Final Provisions  Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. The Agreement shall enter into force on  [ ] for 
those WTO Members whose agreed coverage is set out 
in Annexes  1 through  [6/7] of Appendix  I, and that 
have, by signature, accepted the Agreement on  [ ], or 
have, by or on that date, signed the Agreement subject 
to ratification and have subsequently ratified the 
Agreement before  [ ]. 
 1. Acceptance and Entry into Force  
 
 This Agreement shall enter into force on 1 
January 1996 for those governments8 whose agreed 
coverage is contained in Annexes 1 through 5 of 
Appendix I of this Agreement and which have, by 
signature, accepted the Agreement on 15 April 199 4 or 
have, by that date, signed the Agreement subject to 
ratification and subsequently ratified the Agreement 
before 1 January 1996.  
 
Footnote  
8. For the purpose of this Agreement, the term 
"government" is deemed to include the competent 
authorities of the  European Communities.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Transitional Arrangements  Article  XXIV 
3. Transitional Arrangements  
 (a) Hong Kong and Korea may delay 
application of the provisions of this 
Agreement, except Articles  XXI 
and XXII, to a date not later than 
1 January  1997.  The commencement 
date of their application of the 
provisions, if prior to 1  January  1997, 
shall be notifie d to the 
Director -General of the WTO 30 days 
in advance.  
 
 (b) During the period between the date 
of entry into force of this Agreement 
and the date of its application by 
Hong Kong, the rights and obligations 
between Hong Kong and all other 
Parties to this  Agreement which were 
on 15  April 1994 Parties to the 
Agreement on Government 
Procurement done at Geneva on 
12 April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by 
the substantive provisions of the 
1988 Agreement, including its 
Annexes as modified or rectified, 
which provisions are incorporated 
herein by reference for that purpose 
and shall remain in force until 
31 December  1996.  
 
Footnote  
9. All provisions of the 1988 
Agreement except the Preamble, Article  VII and 
Article  IX other than paragraphs 5(a) and (b) and 
paragraph 10.  
2. Between the Parties to this Agreement that are 
also Parties to the Agreement on Government 
Procurement dated 15  April 1994 ("1994  Agreement"), 
the 1994  Agreement shall cease to apply on the date 
of entry into force of this Agreement for those Parties.  
When  all Parties to the 1994  Agreement have accepted 
this Agreement, the 1994  Agreement shall be 
terminated.  Article  XXIV 
3. (c) Between Parties to this Agreement 
which are also Parties to the 1988 
Agreement, the rights and obligations 
of this Agreement shall supersede 
those under the 1988 Agreement.  
 (d) Article  XXII shall not enter into force 
until the date of entry into force of 
the WTO Agreement.  Until such 
time, the provisions of Article  VII of 
the 1988 Agreement shall apply to 
consultations and dispute 
settlement under this Agreement, 
which provisions are hereby 
incorporated in the Agreement by 
reference for that purpose.  These 
provisions shall be applied under the 
auspices of the Committee under 
this Agreement.  
 
(e) Prior to the date of entry in to force 
of the WTO Agreement, references 
to WTO bodies shall be construed as 
referring to the corresponding GATT 
body and references to the Director -
General of the WTO and to the WTO 
Secretariat shall be construed as GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
references to, respectively, the 
Director-General to the 
CONTRACTING PARTIES to GATT 
1947 and to the GATT Secretariat.  
Accession  
 
3. Any Member of the WTO may accede to this 
Agreement on terms to be agreed between that 
Member and the Parties.  Accession shall take place by 
deposit with the Director -General of the WTO of an 
instrument of accession that states the terms so 
agreed.  The Agreement shall enter into force for an 
acceding Member on the 30th day following the date of 
its accession to the Agreement.  
 
 2. Accession  
 
 Any government which is a Member of the WTO, 
or prior to the date of entry into force of the WTO 
Agreement which is a contracting party to GATT  1947, 
and which is not a Party to this Agreement may accede 
to this Agreement on terms to be agreed between that 
government and the Parties.  Accession shall take place 
by deposit with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed.  The Agreement shall enter into force for an 
acceding government on the 30th day following th e date 
of its accession to the Agreement.  
Reservations  
 
4. No Party may enter any reservation in respect 
of any provisions of the Agreement.  4. Reservations  
 
 Reservations may not be entered in respect of 
any of the provisions of this Agreement.  
National Legislation  
 
5. Each Party shall ensure, not later than the date 
of entry into force of the Agreement for it, 
the conformity of its laws, regulations and 
administrative procedures, and the rules, procedures 
and practices applied by its procuring e ntities, with the 
provisions of the Agreement.  
 5. National  Legislation  
 
 (a) Each government accepting or 
acceding to this Agreement shall 
ensure, not later than the date of 
entry into force of this Agreement for 
it, the conformity of its laws, 
regulation s and administrative 
procedures, and the rules, 
procedures and practices applied by 
the entities contained in its lists 
annexed hereto, with the provisions 
of this Agreement.  
6. Each Party shall inform the Committee of any 
changes in its laws and regulations relevant to the 
Agreement and in the administration of such laws and 
regulations.  
  (b) Each Party shall inform the 
Committee of any changes in its laws 
and regulations releva nt to this 
Agreement and in the administration 
of such laws and regulations.  
Reports and Future Work  
 
7. The Committee shall annually inform the 
General Council of the WTO of developments relating 
to the implementation and operation of the Agreement.  
 7. Reviews, Negotiations  and Future Work  
 
 (a) The Committee shall review annually 
the implementation and operation of 
this Agreement taking into account 
the objectives thereof.  The 
Committee shall annually inform the 
General Council of the WTO  of 
developments during the periods 
covered by such reviews.  
8. Not later than the end of [the tenth  year] from 
the date of entry into force of the Agreement, and 
periodically thereafter, the Parties thereto shall 
undertake further negotiations, with a view to 
improving the Agreement and achieving the greatest 
possible extension of its coverage among all Parties, 
taking into consideration the needs of developing 
countries.  
 (b) Not later than the end of the third 
year from the date o f entry into 
force of this Agreement and 
periodically thereafter, the Parties 
thereto shall undertake further 
negotiations, with a view to 
improving this Agreement and 
achieving the greatest possible 
extension of its coverage among all 
Parties on the basis  of mutual 
reciprocity, having regard to the 
provisions of Article  V relating to 
developing countries.  
 
Article V  
15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph  7 of GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Article  XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, financial 
and trade situation.  
9. The Parties shall seek to avoid introducing or 
continuing discriminatory measures and practices that 
distor t open procurement and shall, in the context of 
negotiations, seek to eliminate those which remain on 
the date of entry into force of the Agreement.  
[N.B.:  The EC and US recommend that the Parties 
review the need for, and content of, paragraphs  8 
and 9 bef ore the end of the negotiations. ] 
 Article XXIV  
7. (c) Parties shall seek to avoid introducing 
or prolonging discriminatory 
measures and practices which distort 
open procurement and shall, in the 
context of negotiations under 
subparagraph (b), seek to eliminate 
those which remain on the date of 
entry into force of this Agreement.  
10. Following the conclusion of the work programme 
for the harmonization of rules of origin for goods being 
undertaken under the Agreement on Rules of Origin in 
Annex  1A of the Agreement Establishing the World 
Trade Organization and negotiations regarding trade in 
services, the Parties shall take the results of that work 
programme and those negotiations into account in 
amending Article  III:5, as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules of origin for 
goods to be undertaken under the Agreement on Rules 
of Origin in Annex 1A of the Agreement Establishing 
the World Trade Organization (hereinafter refe rred to 
as "WTO Agreement") and negotiations regarding 
trade in services, Parties shall take the results of that 
work programme and those negotiations into account 
in amending paragraph  1 as appropriate.  
11. Not later than the end of the third  year from t he 
date of entry into force of the Agreement, 
the Committee shall undertake further work to consider 
the advantages and disadvantages of developing 
common nomenclature for goods and services and 
standardized notices.   
Amendments  
 
12. The Parties may amend the Agreement having 
regard, inter alia , to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall take effect for the 
Parties that have accepted them upon acceptance by 
[two-thirds] of the Parties and thereafter for each other 
Party upon acceptance by it.  Article XXIV  
9. Amendments  
 
 Parties may amend this Agreement having 
regard, inter alia, to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall not enter into force 
for any Party until it has been accepted by such Party.  
Withdrawal  
 
13. Any Party may withdraw fro m the Agreement.  
The withdrawal shall take effect upon the expiration of 
60 days from the date the Director -General of the WTO 
receives written notice of the withdrawal.  Any Party 
may upon such notification request an immediate 
meeting of the Committee.  
 10. Withdrawal  
 
 (a) Any Party may withdraw from this 
Agreement.  The withdrawal shall 
take effect upon the expiration of 60 
days from the date on which written 
notice of withdrawal is received by 
the Director -General of the WTO.  
Any Party may upon such 
notification request an immediate 
meeting of the Committee.  
14. If a Party to the Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to the 
Agreement with effect from the same date.  
  (b) If a Party to this Agreement does not 
become a Member of the WTO within 
one year of the date of entry into 
force of the WTO Agreement or 
ceases to be a Member of the WTO, it 
shall cease to be a Party to this 
Agreement with effect from the same 
date. 
Non-application of this Agreement between P articular 
Parties  
 
15. The Agreement shall not apply as between any 
two Parties if either Party, at the time it accepts or 
accedes to the Agreement, does not consent to such 
application.  11. Non-application of this Agreement between 
Particular Parties  
 
 This Agreement shall not apply as between any 
two Parties if either of the Parties, at the time either 
accepts or accedes to this Agreement, does not consent 
to such application.  GPA/TN1994/4/Rev.12  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Appendices  
 
16. The Appendices to the Agreement constitute an 
integral part thereof.  12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes to this 
Agreement constitute an integral part thereof.  
Secretariat  
 
17. The Agreement shall be serviced by the WTO 
Secretariat.  13. Secretariat  
 
 This Agreement shall be serviced by the WTO 
Secretariat.  
Deposit  
 
18. The Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of the 
Agreement, of each rectification or modification thereto 
pursuant to  paragraph  [ ] and of each amendment 
thereto pursuant to paragraph  12, and a notification of 
each accession thereto pursuant to paragraph  3 and of 
each withdrawal therefrom pursuant to paragraph  13. 
 14. Deposit  
 
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly furnish 
to each Party a certified true copy of this Agreement, of 
each rectification or modification thereto pursuant to 
paragraph  6 and of each amendment thereto pursuant 
to paragraph  9, and a notificati on of each acceptance 
thereof or accession thereto pursuant to paragraphs  1 
and 2 and of each withdrawal therefrom pursuant to 
paragraph  10 of this Article.  
Registration  
 
19. The Agreement shall be registered in 
accordance with the provisions of Article  102 of the 
Charter of the United Nations.  15. Registration  
 
 This Agreement shall be registered in accordance 
with the provisions of Article 102 of the Charter of the 
United Nations.  
Done at [ ] this  [ ] day of [ ] in a single copy in the 
English, French and Spanish languages, each text being 
authentic, except as otherwise specified with respect to 
the Appendices hereto.  Done at Marrakesh this fifteenth day of April one 
thousand nine hundred and ninety -four in a single copy, 
in the English, French a nd Spanish languages, each text 
being authentic, except as otherwise specified with 
respect to the Appendices hereto.  
 GPA/TN1994/4/Rev.12  
 
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  TABLE LISTING THE PROVISIONS IN THE 1994  AGREEMENT WITH  THE 
CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT  
PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Preamble  Preamble  
first line ("Parties to this Agreement ...") first line ("Parties to this Agreement...")  
recital  1 ("Recognizing the need for an effective ...") recital  1 ("Recognizing the need for an effective... ") 
recital  2 ("Recognizing that laws ,...") recital  2 ("Recognizing that measures... ") 
recital  3 ("Recognizing that it is desirable ...") recital  6 ("Recognizing  the desirability of ...") 
recital  4 ("Recognizing the need to establish ...")  
recital  5 ("Recognizing the need to take ...") recital  5 ("Recognizing  the need to take ...") 
recital  6 ("Desiring , in accordance with ...")  
recital  7 ("Desiring  to encourage ...") recital  8 ("Desiring  to encourage ...") 
recital  8 ("Having undertaken  further negotiations ...") recital  9 ("Having undertaken  further ...") 
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2(a) -(b) and (d) -(e) 
footnote 1, first sentence ("For each Party,...")  Article II:5  
footnote 1, second sentence ("... Relevant thresholds 
are specified in...")  Article II:3  
paragraph 2  Article II:2(a) -(b) 
paragraph 3  Article II:7  
paragraph 4  Article II:2(c)  
Article II:3  
Article II  
Valuation of Contracts   
paragraph 1  Article II:8 chapeau  
footnote 2  Article II:2(c)  
Article II:3  
Article II:8 chapeau  
paragraph 2  Article II:8(b)(i)  GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article II:8(a)  
paragraph 4 chapeau  Article II:9 chapeau  
subparagraph 4(a)  Article II:9(a)  
subparagraph 4(b)  Article II:9(b)  
paragraph 5  chapeau  Article II:10 chapeau  
subparagraph 5(a)  Article II:10(a)  
subparagraph 5(b)  Article II:10(b)  
paragraph 5, last sentence  Article II:10(c)  
paragraph 6  Article II:8(b)(ii)  
Article III  
National Treatment and Non -discrimination   
paragraph 1 chapeau  Article V:1 chapeau  
subparagraph 1(a)  Article V:1(a)  
subparagraph 1(b)  Article V:1(b)  
paragraph 2 chapeau  Article V:2 chapeau  
subparagraph 2(a)  Article V:2(a)  
subparagraph 2(b)  Article V:2(b)  
paragraph 3  Article V:7  
Article IV  
Rules of Origin   
paragraph 1  Article V:5  
paragraph 2  Article XXI:10  
Article V  
Special and Differential Treatment  
for Developing Countries   
paragraph 1 chapeau  Article IV:1  
subparagraph 1(a)   
subparagraph 1(b)   
subparagraph 1(c)   GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(d)   
paragraph 2  Article IV:2  
paragraph 3  Article IV:2  
paragraph 4  Article IV:3(a)  
paragraph 5  Article IV:7  
paragraph 6  Article IV:3(a)  
Article IV:7  
paragraph 7  Article IV:11  
paragraph 8  Article IV:9  
paragraph 9  Article IV:9  
paragraph 10  Article IV:9  
paragraph 12  Article IV:2  
paragraph 13  Article IV:9  
paragraph 14  Article IV:11  
paragraph 15  Article XXI:8  
Article VI  
Technical Specifications   
paragraph 1  Article I(t), definition of technical specification  
paragraph 2 chapeau  Article X:2 chapeau  
subparagraph 2(a)  Article X:2(a)  
subparagraph 2(b)  Article X:2(b)   
footnote 3   
footnote 4  Article I(r), definition of standard  
paragraph 3  Article  X:4 
paragraph 4  Article X:5  
Article VII  
Tendering Procedures   
paragraph 1  Article II:6  
Article V:4  GPA/TN1994/4/Rev.12  
 
- 57 - 
 
  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2  Article XVI:2  
paragraph 3 chapeau  Article I(g), definition of limited tendering  
Article I(l), definition of open tendering  
Article I(p), definition of selective tendering  
subparagraph 3(a)  Article I(l), definition of open tendering  
subparagraph 3(b)  Article I(p), definition of selective tendering  
Article IX:11  
subparagraph 3(c)  Article I(g), definition of limited tendering  
Article XIII:1 chapeau  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:1  
paragraph (a)  Article IX:4  
paragraph (b), first sentence  Article VIII:1  
paragraph (b), second and subsequent sentences  Article VIII:2(a)  
paragraph (c)  Article IX:5  
Article IX:11  
paragraph  (c), second sentence  Article  I(o), definition of qualified supplier  
paragraph (c), last sentence  Article IX:15(c)  
paragraph (d)  Article IX:10  
paragraph (e)  Article IX:12(c)  
paragraph (f), entire  Article IX:13  
Article IX:14  
paragraph (f), second sentence  Article IX:8(d)  
paragraph (g) chapeau  Article IX:2 chapeau  
subparagraph (g)(i)  Article IX:2(a)  
subparagraph (g)(ii)  Article IX:2(b)  
paragraph (h)  Article VIII:3  
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article VII:1(a)  GPA/TN1994/4/Rev.12  
 
- 58 - 
 
  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article VII:1(b)  
paragraph 2  Article VII:1(a)  
Article VII:1(b)  
paragraph 3  Article VII:5  
Article IX:12 chapeau  
paragraph 4  Article VII:5 
paragraph 5  Article IX:6  
Article IX:12(a) -(b) 
paragraph 6 chapeau  Article VII:2 chapeau  
subparagraph 6(a)  Article VII:2(b)  
Article VII:2(c)  
Article VII:2(d)  
subparagraph 6(b)  Article VII:2(f)  
subparagraph 6(c)  Article VII:2(e)  
subparagraph 6(d)  Article VII:2(g)  
Article VII:2(h)  
subparagraph 6(e)  Article VII:2(a)  
subparagraph 6(f)  Article VII:2(i)  
subparagraph 6(g)  Article VII:2(a)  
subparagraph 6(h)   
paragraph 7  Article VII:4  
paragraph 8 chapeau  Article VII:3 chapeau  
subparagraph 8(a)  Article VII:3(a)  
subparagraph 8(b)  Article VII:3(b)  
subparagraph 8(c)  Article VII:3(c)  
paragraph 9 chapeau  Article IX:7 chapeau  
subparagraph 9(a)  Article IX:8(a)  
subparagraph 9(b)  Article IX:8(b)  
subparagraph 9(c)  Article IX:8(d)  GPA/TN1994/4/Rev.12  
 
- 59 - 
 
  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article IX:12(a) -(b) 
paragraph 9, final paragraph ("However, when...")  Article IX:9  
paragraph 10  Article X:11  
paragraph 11  Article VII:2(l)  
Article IX:8(e)  
Article X  
Selection procedures   
paragraph 1  Article IX:5  
paragraph 2  Article IX:5  
paragraph 3  Article IX:5  
Article IX:11  
Article IX:12(c)  
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article XI:1 
subparagraph 1(b)   
subparagraph 2(a)  Article XI:3(a)  
subparagraph 2(b)  Article  XI:2 
Article XI:3(b)   
subparagraph 2(c)  Article XI:3(b)  
subparagraphs 3(a)(i) -(iv) Article XI:4(a)(i) -(v) 
subparagraph 3(a), last sentence ("the 40 -day 
limit...")  Article XI:4 chapeau  
subparagraph 3(b)  Article XI:4(b)  
subparagraph 3(c)  Article XI:4(b/c)  
subparagraph 3(d)  Article XI:8  
paragraph 4  Article X:8  
Article XII  
Tender Documentation   
paragraph 1   GPA/TN1994/4/Rev.12  
 
- 60 - 
 
  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2 chapeau  Article X:7 chapeau  
subparagraph 2(a)   
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   
subparagraph 2(e)  Article X:7 (f)  
subparagraph 2(f)  Article X:7 (b)  
subparagraph 2(g)  Article X:7 (a)  
subparagraph 2(h)  Article X:7 (c)  
subparagraph 2(i)  Article X:7 (g)  
subparagraph 2(j)  Article X:7 (g)  
subparagraph 2(k)   
paragraph 3  Article X:10  
Article XIII  
Submission, Receipt and Opening of Tenders 
and Awarding of Contracts   
subparagraph 1(a)  Article XV:4  
subparagraph 1(b)  Article XV:3  
paragraph 2  Article XV:2 
paragraph 3  Article XV:1  
subparagraph 4(a), first sentence  Article XV:4  
subparagraph 4(a), second sentence  Article XV:6  
subparagraph 4(b)  Article XV:5  
subparagraph 4(c)  Article XV:4  
paragraph 5  Article XV:7  
Article XIV  
Negotiation   
paragraph 1 chapeau  Article XII:1 chapeau  GPA/TN1994/4/Rev.12  
 
- 61 - 
 
  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(a)  Article XII:1(a)  
subparagraph 1(b)  Article XV:1(b)  
paragraph 2   
paragraph 3  Article XV:1  
Article XVII:2  
subparagraph 4(a)  Article XII:2(a)  
subparagraph 4(b)  Article X:11  
subparagraph 4(c)   
subparagraph 4(d)  Article XII:2(b)  
Article XV  
Limited Tendering   
paragraph 1 chapeau  Article XIII:1 chapeau  
subparagraph 1(a)  Article XIII:1(a)  
subparagraph 1(b)  Article XIII:1(b)  
subparagraph 1(c)  Article XIII:1(d)  
subparagraph 1(d)  Article XIII:1(c)  
footnote 5  Article XIII:1(c)  
subparagraph 1(e)  Article XIII:1(f)  
footnote 6  Article XIII:1(f)  
subparagraph 1(f)   
subparagraph 1(g)  Article XIII:1(g)  
subparagraph 1(h)  Article XIII:1(e)  
subparagraph 1(i)  Article XIII:1(h)  
subparagraph 1(j)  Article XIII:1(i)  
paragraph 2  Article XIII:2  
Article XVI:3(a) -(b) 
Article XVI  
Offsets   
paragraph 1  Article V:6  GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2  Article IV:3(b)  
footnote 7  Article I(k), definition of offsets  
Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XXI:3  
Article XVIII  
Information and Review as Regards Obligations 
of Entities   
paragraph 1 chapeau  Article XVI:2 chapeau  
subparagraph 1(a)  Article XVI:2(a)  
subparagraph 1(b)  Article XVI:2(b)  
subparagraph 1(c)  Article XVI:2(e)  
subparagraph 1(d)  Article XVI:2(c)  
subparagraph 1(e)  Article XVI:2(d)  
subparagraph 1(f)  Article XVI:2(f)  
subparagraph 1(g)  Article XVI:2(f)  
subparagraph 2(a)   
subparagraph 2(b)  Article IX:13  
Article IX:14  
subparagraph 2(c)  Article XVI:1  
paragraph 3  Article XVI:1  
paragraph 4  Article XVII:2  
Article XVII:3  
Article XVII:4  
Article XIX  
Information and Review as Regards Obligations 
of Parties   
paragraph 1, first sentence  Article VI:1(a)  
paragraph 1, second se ntence  Article VI:1(b)  
paragraph 2  Article XVII:1  GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article XVII:1  
paragraph 4  Article XVII:3  
Article XVII:4  
paragraph 5 chapeau  Article XVI:4 chapeau  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a)  
subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XVI:4(b)  
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a)  
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XVI:4(b)  
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a)  
subparagraph 5(c), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XVI:4(b)  
subparagraph 5(d), first clause ("for entities in 
Annex 1,...")  Article XVI:4(a)  
subparagraph 5(d), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XVI:4(b)  
paragraph 5, final paragraph ("To the extent that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVIII:2  
paragraph 2  Article XVIII:1  
paragraph 3  Article XVIII:1  
paragraph 4  Article XVI:3  
paragraph 5  Article XVIII:3  
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVIII:4  
Article XVIII:5  
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVIII:6 chapeau  
subparagraph 6(a)  Article XVIII:6(b)  
subparagraph 6(b)  Article XVIII:6(c)  GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(c)  Article XVIII:6(d)  
subparagraph 6(d)  Article XVIII:6(e)  
subparagraph 6(e)  Article XVIII:6(a)  
subparagraph 6(f)  Article XVIII:6(f)  
subparagraph 6(g)  Article XVIII:6(a)  
paragraph 7 chapeau  Article XVIII:7 chapeau  
subparagraph 7(a)  Article XVIII:7(a)  
subparagraph 7(b)   
subparagraph 7(c)  Article XVIII:7(b)  
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XXI:1  
paragraph 2  Article XXI:2  
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XX:3 chapeau  
paragraph 2, first and second sentences  Article  XX:2 
paragraph 2, third sentence  Article XX:1  
paragraph 3  Article XX:3(a)  
paragraph 4   
paragraph 5   
paragraph 6   
paragraph 7  Article XX:3(b)  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article III:1  
paragraph 2  Article III:2  GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article XXIV  
Final Provisions   
paragraph 1  Article XXII:1  
footnote 8  Article XXII:1  
paragraph 2  Article XXII:3  
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XXII:2  
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article XXII:4  
subparagraph 5(a)  Article XXII:5  
subparagraph 5(b)  Article XXII:6  
subparagraph 6(a), first sentence  Article XIX:1  
Article XIX:2  
subparagraph 6(a), second sentence  Article XIX:6  
subparagraph 6(a), third sentence  Article XIX:8  
subparagraph 6(a) fourth sentence  Article XIX:3  
Article XIX:4  
subparagraph 6(a), fifth sentence  Article XIX:5 -12 
subparagraph 6(b), first sentence  Article XIX:1  
Article XIX:2  
subparagraph 6(b), second sentence  Article XIX:6  
Article XIX:8  
subparagraph 6(b), third and fourth sentence  Article XIX:5 -14 
subparagraph 7(a)  Article XXII:7  
subparagraph 7(b)  Article XXII:8  
subparagraph 7(c)  Article XXII:9  GPA/TN1994/4/Rev.12  
 
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  PROVISION IN THE GPA 199 4 
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 8  Article II:1  
Article  V:3 
Article XIV  
paragraph 9  Article XXII:12  
subparagraph 10(a)  Article XXII:13  
subparagraph 10(b)  Article XXII:14  
paragraph 11  Article XXII:15  
paragraph 12  Article XXII:16  
paragraph 13  Article XXII:17  
paragraph 14  Article XXII:18  
paragraph 15  Article XXII:19  
Closing paragraph   
closing paragraph (" Done at Marrakesh...")   closing paragraph (" Done at [ ]...")  
NOTES   
first paragraph ("The terms 'country' or 
'countries'...")  Article I(c), definition of country or countries  
second paragraph ("In the case of a separate...")  Article I(c), definition of country or countries  
Article I,  paragraph 1   
third paragraph ("Having regard...")  Article II:4 (a) -(f) 
APPENDIX  I, ANNEX  5  
Definition  Article I(b), definition of construction services 
contract  
__________