WORLD TRADE  
ORGANIZATION   
GPA/W/317 
24 April 2012 
 
 (12-2189) 
Committee on Government Procurement  
 
 
 
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT 
SIDE-BY-SIDE TEXT 
 
Prepared by the Secretariat 
 
 
 As requested by several delegations, this document presents, in a side-by-side table , the 
revised text of the Agreement on Government Procur ement, as reflected in the Annex to the Protocol 
Amending the Agreement on Govern ment Procurement that was adopted in the Decision of 
30 March 2012 on the Outcomes of the Negotiati ons under Article XXIV:7 (document GPA/113 of 
2 April 2012, Appendix 1), and the corresponding  provisions of the 1994 Agreement.  A second table 
beginning on page 73 lists the provisions of the 1994 Agreement in their own sequence, with the 
corresponding provisions of the revised text.  This document incorporates comments that were 
received from two delegations on the draft version circulated on 14 February 2012 (Job No. 1211) and 
the changes that were agreed to Article XXII and the Preamble to the revised Agreement as a 
consequence of the legal revi ew concluded on 30 March 2012. 
 
_______________ 
 
 
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Table of Contents  
 
Preamble 
Article I Definitions 
Article II Scope and Coverage 
Article III Security and General Exceptions 
Article IV General Principles Article V Developing Countries 
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 Awarding of 
Contracts 
Article XVI Transparency of Procurement 
Information 
Article XVII Disclosure of Information 
Article XVIII Domestic Review Procedures 
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 
  
 The Parties to this Agreement (hereinafter 
referred to as "the Parties"),  Parties to this Agreement  (hereinafter referred to 
as "Parties"), 
 
 Recognizing  the need for an effective 
multilateral framework for government procurement, 
with a view to achieving greater liberalization and expansion of, and improving the framework for, the 
conduct of 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 improving 
the international framework fo r the conduct of world trade;
  GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
 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 fo reign or domestic suppliers 
so as to afford protection to domestic products or services 
or domestic suppliers and should not discriminate among 
foreign products or services or among foreign suppliers;  
 Recognizing  that the integrity and predictability 
of government procurement systems are integral to the 
efficient and effective management of public resources, the performance of the Parties' economies and the 
functioning of the multilateral trading system; 
  
 Recognizing  that the procedural commitments 
under this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each Party; 
  
 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 accordance 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  to encourage acceptance of and 
accession to this Agreement by WTO Members not party to it;  Desiring  to encourage acceptance of and accession 
to this Agreement by governments not party to it;  
 Hereby agree  as follows: 
  Hereby agree  as follows: 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
 
Article I  
Definitions  
  
 For purposes of this Agreement: 
  
(a) commercial goods or services  means 
goods or 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) Committee means the Committee on 
Government Procurement established 
by Article XXI:1; 
  
(c) construction service means a service 
that has as its objective the realization 
by whatever means of civil or building works, based on Division 51 of the 
United Nations Provisional 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.  
(d) country includes any separate customs 
territory that is a Party to this Agreement.  In the case of a separate 
customs territory that is a Party to this 
Agreement, where an expression in this Agreement is qualified by the term 
"national", such expression shall be 
read as pertaining to that customs territory, unless otherwise specified; 
 Notes 
 
 The terms "country" or "countries" as used in this Agreement, including the Appendices, are to be 
understood to include any separate customs territory Party to 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 expression shall be 
read as pertaining to that customs territory, unless 
otherwise specified.  
 
(e) days  means calendar days; 
  
(f) electronic auction  means an iterative 
process that involves the use of 
electronic means for the presentation by suppliers of either new prices, or new 
values for quantifiable non-price 
elements of the tender related to the evaluation criteria, or both, resulting in 
a ranking or re-ranking of tenders; 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(g) in writing  or written  means any 
worded or numbered expression that can be read, reproduced and later 
communicated.  It may include 
electronically transmitted and stored 
information; 
  
(h) limited tendering  means a 
procurement method whereby 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. 
(i) measure  means any law, regulation, 
procedure, administrative guidance or 
practice, or any action of a procuring entity relating to a covered 
procurement;  
(j) 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; Article X 
 
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. 
(k) 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; 
  
(l) offset  means any condition or 
undertaking that encourages local 
development or improves a Party's balance-of-payments accounts, such as 
the use of domestic content, the 
licensing of technology, investment, counter-trade and similar action or 
requirement; 
 Footnote 
 
7 Offsets in government procurement are measures 
used to encourage local development or improve the 
balance-of-payments accounts by means of domestic 
content, licensing of technology, investment requirements, counter-trade or similar requirements. GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(m) open tendering  means a procurement 
method whereby 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.  
(n) person  means a natural person or a 
juridical person; 
  
(o) procuring entity  means an entity 
covered under a Party's Annex 1, 2 or 3 
to Appendix I; 
  
(p) 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 the 
conditions for participation in a particular 
intended procurement. ... 
 
(q) selective tendering  means a 
procurement method whereby only 
qualified suppliers 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 
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. 
 
(r) services  includes construction services, 
unless otherwise specified; 
  
(s) standard  means a document approved 
by a recognized body that provides for common and repeated use, rules, 
guidelines or characteristics for goods 
or services, or related processes and production 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 good, 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 with 
terminology, symbols, packaging, marking or labelling 
requirements as they apply to a product, service, process or production method.  
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(t) supplier  means a person or group of 
persons that provides or could provide goods or services;  and 
  
(u) technical specification  means a 
tendering requirement that: 
 
(i) lays down the characteristics of 
goods or services to be 
procured, including quality, 
performance, safety and dimensions, or the processes 
and methods for their 
production or provision;  or 
 
(ii) addresses terminology, 
symbols, packaging, marking or labelling requirements, as 
they apply to a good or service. 
 Article VI 
 
1. Technical specifications laying down the 
characteristics of the products or services to be procured, such as quality, performance, safety and dimensions, 
symbols, terminology, packaging, marking and labelling, 
or the processes and methods for their production and requirements relating to conformity assessment procedures 
prescribed by procuring entities, shall not be prepared, 
adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. 
 
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. 
 
2. For the purposes of this Agreement, covered 
procurement means procurement for governmental 
purposes:  
(a) of goods, services, or any combination 
thereof: 
 
(i) as specified in each Party's 
annexes to Appendix I;  and 
 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. 
 
(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; 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(b) by any contractual means, including:  
purchase;  lease;  and rental or hire purchase, with or without an option to 
buy; 
 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 paragraphs 6 through 8, equals or exceeds the relevant 
threshold specified in a Party's annexes 
to Appendix I, at the time of publication of a notice in accordance 
with Article VII;  
 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant threshold specified in Appendix I. 
 
Footnote 
 
1 … Relevant thresholds are specified in each 
Party's Annexes. 
 
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 3 or a Party's 
annexes to Appendix 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. Except where provided otherwise in a Party's 
annexes to Appendix I, this Agreement does not apply 
to:   
(a) the acquisition or rental of land, 
existing buildings or other immovable 
property or the rights thereon; 
  
(b) non-contractual agreements or any 
form of assistance that a Party provides, 
including cooperative agreements, 
grants, loans, equity infusions, guarantees and fiscal incentives; 
  
(c) the procurement or acquisition of fiscal 
agency or depository services, 
liquidation and management services for regulated financial institutions or 
services related to the sale, redemption 
and distribution of public debt, including loans and government bonds, 
notes and other securities; 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(d) public employment contracts; 
  
(e) procurement conducted: 
 
(i) for the specific purpose of 
providing international 
assistance, including 
development aid; 
 
(ii) under the particular procedure 
or condition of an international agreement relating to the 
stationing of troops or relating 
to the joint implementation by the signatory countries of a 
project;  or 
 (iii) under the particular procedure 
or condition of an international 
organization, or funded by international grants, loans or 
other assistance where the 
applicable procedure or 
condition would be inconsistent 
with this Agreement. 
 Notes 
 
Article 1, paragraph 1   Having regard to genera l 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 procurement made in 
furtherance of tied aid to developing countries so long as it is practised by Parties.  GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
4. Each Party shall specify the following 
information in its annexes to Appendix I:  
(a) in Annex 1, the central government 
entities whose procurement is covered 
by this Agreement;  
 (b) in Annex 2, the sub-central government 
entities whose procurement is covered 
by this Agreement; 
 
(c) in Annex 3, all other entities whose 
procurement is covered by this Agreement; 
 
(d) in Annex 4, the goods covered by this 
Agreement; 
 
(e) in Annex 5, the services, other than 
construction services, covered by this 
Agreement; 
 (f) in Annex 6, the construction services 
covered by this Agreement;  and 
 
(g) in Annex 7, any General Notes. 
 Footnote 
 
1 For each Party, Appendix I is divided into five 
Annexes: 
 
- Annex 1 contains central government 
entities. 
 
- Annex 2 contains sub-central government 
entities. 
 
- Annex 3 contains all other entities that 
procure in accordance with the provisions of this Agreement. 
 
- Annex 4 specifies services, whether listed 
positively or negatively, covered by this 
Agreement. 
 - Annex 5 specifies covered construction 
services. 
 ... 
 
5. Where a procuring entity, in the context of 
covered procurement, requi res persons not covered 
under a Party's annexes to Appendix I to procure in 
accordance with particular requirements, Article IV 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 requirement s, Article III shall apply 
mutatis mutandis to such requirements. 
 
Valuation  Article II 
Valuation of Contracts 
 
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered 
procurement, a procuring entity shall:  1. The following provisions shall apply in 
determining the value of contracts
2 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. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(a) neither divide a procurement into 
separate procurements nor select or use a particular valuation method for 
estimating the value of a procurement 
with the intention of totally or partially 
excluding it from the application of this 
Agreement;  and 
 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 
options, the total value of such 
options.  
 6. In cases where an intended procurement specifies 
the need for option clauses, the basis for valuation shall be 
the total value of the maximum permissible procurement, 
inclusive of optional purchases.  
7. 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 
(hereinafter referred to as "recurring contracts"), the 
calculation of the estimated maximum total value shall be based on: 
 4. If an individual requirement for a procurement 
results in the award of more than one contract, or in 
contracts being awarded in separate parts, the basis for 
valuation shall be either: 
 
(a) the value of recurring contracts 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 following 
12 months;  or  
 (a) the actual value of similar recurring 
contracts concluded over the previous 
fiscal year or 12 months adjusted, where 
possible, for anticipated changes in quantity and value over the subsequent 12 
months;  or 
 
(b) the estimated value of recurring 
contracts of the same type of good or 
service to be awarded during the 
12 months following 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. 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
8. In the case of procurement by lease, rental or 
hire purchase of goods or services, or procurement for which a total price is not specified, the basis for 
valuation shall be: 
 5. In cases of contracts for the lease, rental or hire 
purchase of products or services, or in the case of contracts which do not specify a total price, the basis for valuation 
shall be: 
 
(a) in the case of 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 it is not certain 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 used. 
 
 
Article III 
Security and General Exceptions  
  
Article XXIII 
Exceptions to the Agreement 
 
1. Nothing in this Agre ement 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 an y action or not disclosing 
any information which it considers necessary for the 
protection of its esse ntial security interests relating to the 
procurement of arms, ammuniti on or war materials, or to 
procurement indispensable for national security or for 
national defence purposes.  GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
2. Subject to the requirement that such measures 
are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination 
between Parties where the same conditions prevail or a 
disguised restriction on international trade, nothing in 
this Agreement shall be cons trued to prevent any Party 
from
 imposing or enforcing measures: 
 
(a) necessary to protect public morals, 
order or safety; 
 
(b) necessary to protect human, animal or 
plant life or health; 
 
(c) necessary to protect intellectual 
property;  or 
 
(d) relating to goods or services of persons 
with disabilities, philanthropic institutions or prison labour. 
 2. Subject to the requirement that such measures are 
not applied in a manner whic h 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 from 
imposing or enforcing measures: necessary to protect public morals, order or safety, human, animal or plant life 
or health or intellectual pr operty;  or relating to the 
products or services of handicapped persons, of philanthropic institutions or of prison labour. 
 
Article IV 
General Principles 
  
Article III 
National Treatment and Non-discrimination 
 
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 
and practices regarding gove rnment procurement covered 
by this Agreement, each Party shall provide immediately 
and unconditionally to the pr oducts, services and suppliers 
of other Parties offering products or services of the Parties, treatment no less favourable 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. 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
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 gove rnment 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 the degree of foreign affiliation or 
ownership;  or 
 (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 c overed 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 systems 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. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
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 this Agreement, using 
methods such as open tendering, selective tendering and limited 
tendering; 
 1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non-
discriminatory manner and are consistent with the 
provisions contained in Articles VII through XVI. 
 
(b) avoids conflicts of interest;  and  
(c) prevents corrupt practices. 
  
Rules of Origin 
 Article IV 
Rules of Origin 
 
5. For purposes of covered procurement, a Party 
shall not apply rules of origin to goods or services imported from or supplied from 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 covere d 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 any offset.  
 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. Paragraphs 1 and 2 shall not apply to:  customs 
duties and charges of any kind imposed on, or in 
connection with, importation;  the method of levying 
such duties and charges;  other import regulations or formalities and measures affe cting trade in services 
other 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 proc urement covered by this 
Agreement.  
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
 
Article V 
Developing Countries 
  
Article V 
Special and Differential Treatment for Developing 
Countries 
 
1. In negotiations on accession to, and in the implementation and administra tion of, this Agreement, 
the Parties shall give special consideration to the development, financial and trade needs and 
circumstances of developing countries and least 
developed countries (collectiv ely referred to hereinafter 
as "developing countries", unless specifically identified 
otherwise), recognizing that these may differ 
significantly from country to country.  As provided for in this Article and on 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. 
 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:  ... 
 
2. Upon accession by a developing country to this 
Agreement, each Party shall provide immediately to the goods, services and suppliers of that country the most 
favourable coverage that the Party provides under its 
annexes to Appendix I to any other Party to this Agreement, subject to any terms negotiated between 
the Party and the developing country in order to 
maintain an appropriate balance of opportunities under this Agreement. 
 2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and application of laws, regulati ons and procedures affecting 
government procurement, facilitate increased imports 
from developing countries, bearing in mind the special problems of least-developed countries and of those 
countries at low stages of economic development. 
 
Coverage 
 3. With a view to ensuring that developing countries 
are able to adhere to this Agreement on terms consistent 
with their development, financial and trade needs, the 
objectives listed in paragraph 1 shall be duly taken into 
account in the course of negotiations with respect to the procurement of developing c ountries 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 e ndeavour to include entities 
procuring products and services of export interest to developing countries. 
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3. Based on its development needs, and with the 
agreement of the Parties, a developing country may adopt or maintain one or more of the following 
transitional measures, during a transition period and in 
accordance with a schedule, set out in its relevant 
annexes to Appendix I, and applied in a manner that 
does not discriminate among the other Parties:  
(a) a price preference programme, 
provided that the programme: 
 
(i) provides a preference only for 
the part of the tender incorporating goods or 
services originating in the 
developing country applying the preference or goods or 
services originating in other 
developing countries in respect of which the developing 
country applying the 
preference has an obligation to provide national treatment 
under a preferential agreement, 
provided that where the other 
developing country is a Party 
to this Agreement, such treatment would be subject to 
any conditions set by the 
Committee;  and 
 
(ii) is transparent, and the 
preference and its application in the procurement are clearly 
described in the notice of 
intended procurement; 
 Agreed Exclusions 
 
4. A developing country may negotiate with other 
participants in negotia tions under this Agreement 
mutually acceptable exclusions from the rules on national 
treatment with respect to certain entities, products or 
services that are included in its coverage lists, having 
regard to the particular circumstances of each case.  In 
such negotiations, the considerations mentioned in 
subparagraphs 1(a) through 1( c) shall be duly taken into 
account.  A developing country participating in regional 
or global arrangements among developing countries 
referred to in subparagraph 1(d) may also negotiate 
exclusions to its lists, havi ng regard to the particular 
circumstances of each case, taking into account, inter alia , 
the provisions on government procurement provided for in the regional or global arrangements concerned and, in 
particular, products or services which may be subject to 
common industrial development programmes.  
6. Paragraphs 4 and 5 shall apply mutatis mutandis 
to developing countries acceding to this Agreement after its entry into force.  GPA/W/317 
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(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; 
 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 any contract subject to this Agreement.  The existence of  such conditions shall be 
notified to the Committee and included in the notice of 
intended procurement a nd other documentation. 
 
 
(c) the phased-in addition of specific 
entities or sectors;  and 
  
(d) a threshold that is higher than its 
permanent threshold. 
  
4. In negotiations on accessi on to this Agreement, 
the Parties may agree to the delayed application of any specific obligation in this Agreement, other than 
Article IV:1(b), by the acceding developing country 
while that country implements the obligation.  The implementation period shall be:  
 
(a) for a least developed country, five 
years after its accession to this 
Agreement;  and 
 (b) for any other developing country, only 
the period necessary to implement the 
specific obligation and not to exceed three years. 
  
5. Any developing country that has negotiated an 
implementation period for an obligation under 
paragraph 4 shall list in its  Annex 7 to Appendix I the 
agreed implementation period, the specific obligation subject to the implementation period and any interim 
obligation with which it has agreed to comply during 
the implementation period.    GPA/W/317 
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6. After this 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 adopted or maintained under 
paragraph 3 or any implementation period negotiated unde r paragraph 4;  
or 
 (b) approve the adoption of a new 
transitional measure 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 development, financial and trade needs, or may request the Committee on Government Procurement 
(hereinafter referred to as "the Committee") to grant 
exclusions from the rules on national treatment for certain entities, products or services that are included in its 
coverage lists, having re gard 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 Committee to grant exclusions for certain entities, products or services that are included 
in its coverage lists in the light of its participation in 
regional or global arrangements among developing countries, having regard to the particular circumstances of 
each case and taking duly into account the provisions of 
subparagraph 1(d).  Each request to the Committee by a developing country Party rela ting to modification of a list 
shall be accompanied by documentation relevant to the 
request or by such inform ation as may be necessary for 
consideration of the matter. 
 
7. A developing country that has negotiated a 
transitional measure under paragraph 3 or 6, an 
implementation period unde r paragraph 4 or any 
extension under paragraph 6 shall take such steps during the transition period or implementation period as 
may be necessary to ensure th at it is in compliance with 
this Agreement at the end of any such period.  The developing country shall promptly notify the 
Committee of each step. 
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8. The Parties shall give due consideration to any 
request by a developing country for technical cooperation and capacity building in relation to that 
country's accession to, or implementation of, this 
Agreement. 
 Technical Assistance for Developing Country Parties 
 
8. Each developed country Party shall, upon request, 
provide all technical assistance which it may deem 
appropriate to developing country Parties in resolving 
their problems in the field of government procurement. 
 9. This assistance, which shall be provided on the 
basis of non-discrimination among developing country 
Parties, 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 the request and another Party 
agree to deal with in the context of this 
assistance. 
 
10. Technical assistance referred to in paragraphs 8 
and 9 would include translation of qualification documentation and tenders made by suppliers of 
developing country Parties into an official language of the 
WTO designated by the entity, 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 
developed 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 or 
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.  
9. 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 6. 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.   GPA/W/317 
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10. The Committee shall review the operation and 
effectiveness of this Article every five years. 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 view to achieving the maximum 
implementation of the provisions of this Agreement, including in particular Article III, and having regard to the 
development, financial a nd trade situation of the 
developing countries concerned, the Committee shall examine whether exclusions provided for in accordance 
with the provisions of paragraphs 4 through 6 of this 
Article shall be modified or extended. 
 
 
Article VI 
Information on the Procurement System 
  
1. Each Party shall: 
 
(a) promptly publish any law, regulation, 
judicial decision, administrative ruling 
of general application, standard contract clause mandated by law or 
regulation and incorporated by 
reference in notices or 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 
 
(b) provide an explanation thereof to any 
Party, on request. 
 Article XIX 
 
1. Each Party shall promptly publish any law, regulation, judicial decision, administrative ruling of 
general application, and any procedure (including standard 
contract clauses) regarding government procurement 
covered by this Agreement, in  the appropriate publications 
listed in Appendix IV and in such a manner as to enable 
other Parties and suppliers to become acquainted with 
them.  Each Party shall be prepared, upon request, to 
explain to any other Party its government procurement 
procedures. 
 
2. Each Party shall list: 
 
(a) in Appendix II, the electronic or paper 
media in which the Party publishes the 
information described in paragraph 1; 
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(b) in Appendix III, the electronic or paper 
media in which the Party publishes the notices required by Articles VII, IX:7 
and XVI:2;  and 
 
(c) in Appendix IV, the website address or 
addresses where the Party publishes: 
 
(i) its procurement statistics 
pursuant to Article XVI:5;  or 
 
(ii) its notices concerning awarded 
contracts pursuant to Article XVI:6. 
  
 
3. Each Party shall promptly notify the Committee 
of any modification to the Party's information listed in Appendix II, III or IV. 
  
 
Article VII 
Notices 
  
Article IX 
Invitation to Participate Re garding Intended Procurement
 
Notice of Intended Procurement 
  
1. For each covered procurement, a procuring 
entity shall publish a notice of intended procurement in 
the appropriate paper or electronic medium listed in Appendix III, except in the circumstances described in 
Article XIII.  Such medium shall be widely 
disseminated and such notices shall remain readily accessible to the public, at least until expiration of the 
time-period indicated in the notice.  The notices shall: 
 
(a) for procuring entities covered under 
Annex 1, be accessible by electronic 
means free of charge through a single point of access, for at least any 
minimum period of time specified in 
Appendix III;  and 
 
(b) for procuring entities covered under 
Annex 2 or 3, where accessible by 
electronic means, be provided, at least, 
through links in a gateway electronic site that is accessible free of charge. 
 
Parties, including their procuring entities covered under Annex 2 or 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 tendering).  The notice shall be 
published in the appropria te publication listed in 
Appendix II.  
2. The invitation to particip ate may take the form of a 
notice of proposed procurement, as provided for in paragraph 6. 
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2. Except as otherwise provided in this 
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 
to contact the procuring entity and obtain all relevant documents relating to 
the procurement, and their cost and 
terms of payment, if any; 
 (e) the address of the entity awarding the 
contract and providing any information 
necessary for obtaining specifications and other documents; 
 
(g) the amount and terms of payment of any 
sum payable for the tender documentation;  
and 
 
Article XII:2 
 
(b) the address where requests for 
supplementary information should be sent;
 
(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, an estimate, if 
possible, of the timing of subsequent 
notices of intended procurement; 
 
(d) a description of any options; 
 Article IX: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; (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;  
 (b) whether the procedure is open or selective 
or will involve negotiation; GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(g) where applicable, the address and any 
final date for the submission of requests for participation in the procurement; 
 
(h) the address and the final date for the 
submission of tenders; 
 (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; 
Article XII:2 
 
(a) the address of the entity to which tenders 
should be sent; 
 
(d) the closing date and time for receipt of 
tenders and the length of time during which any tender should be open for 
acceptance; 
 
(i) the language or languages in which 
tenders or requests for participation may 
be submitted, if they may be submitted in a language other than an official 
language of the Party of the procuring 
entity; 
 (c) the language or languages in which 
tenders and tendering documents 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 
made available to all interested suppliers at the same time as the notice 
of intended procurement; 
 Article IX: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 select a 
limited number of qualified suppliers to 
be invited to tender, the criteria that will be used to select them and, where 
applicable, any limitation on the 
number of suppliers that will be permitted to tender;  and 
  
(l) an indication that the procurement is 
covered by this Agreement. 
 11. Entities shall make clear, in the notices referred to 
in this Article or in the p ublication in which the notices 
appear, that the procurement is covered by the Agreement. 
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Summary Notice  
  
3. For each case of intended procurement, a 
procuring entity shall publish a summary notice that is 
readily accessible, at the same time as the publication of 
the notice of intended procurement, in one of the WTO 
languages.  The summary notice shall contain at least 
the following information:  8. For each case of intended procurement, the entity 
shall publish a summary notice in one of the official 
languages of the WTO.  The notice shall contain at least 
the following information: 
 
(a) the subject-matter of the procurement; 
 (a) the subject matter of the contract; 
 
(b) the final date for the submission of 
tenders or, where applicable, any final 
date for the submission of requests for participation in the procurement or for 
inclusion on a multi-use list;  and 
 (b) the time-limits set for the submission of 
tenders or an application to be invited to 
tender;  and 
 
(c) the address 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 medium listed in 
Appendix III as early as possible in each fiscal year a 
notice regarding their future procurement plans (hereinafter referred to as "notice of planned 
procurement").  The notice of planned procurement 
should include the subject-matter of the procurement and the planned date of the publication of the notice of 
intended procurement. 
 
 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 covered under Annex 2 or 3 
may use a notice of planned procurement as a notice of 
intended procurement provided that the notice of 
planned procurement includes as much of the information referred to in pa ragraph 2 as is available to 
the entity and a statement that interested suppliers 
should express their interest in the procurement to the 
procuring entity. 3. Entities in Annexes 2 and 3 may use a notice of 
planned procurement, as provide d for in paragraph 7, or a 
notice regarding a qualification system, as provided for in 
paragraph 9, as an invitation to participate.  
4. Entities which use a notice of planned procurement 
as an invitation to participate shall subsequently invite all 
suppliers who have expressed an interest to confirm their 
interest on the basis of information which shall include at least the information referred to in paragraph 6.  
 GPA/W/317 
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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 and financial 
capacities and the commercial and technical 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 supplie rs of other Parties.  
Qualification procedures sha ll 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 establishing the conditions for participation, a 
procuring entity:  
(a) shall not impose the condition that, in 
order for a supplier to participate in a procurement, the supplier has 
previously been awarded one or more 
contracts by a procuring entity of a 
given Party;  and  
  
(b) may require relevant prior experience 
where essential to meet the 
requirements of the procurement. 
   GPA/W/317 
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3. In assessing whether a supplier satisfies the 
conditions for participation, a procuring entity:   
(a) shall evaluate the financial capacity and 
the commercial and technical abilities 
of a supplier on the basis of that 
supplier's business activities both inside 
and outside the territory of the Party of the procuring entity;  and 
 (b) ... Any conditions for participation 
required from suppliers, including 
financial guarantees, technical 
qualifications and information necessary 
for establishing the financial, commercial and technical capacity of suppliers, as well 
as the verification of qualifications, shall 
be no less favourable to suppliers of other Parties than to domestic suppliers and 
shall not discriminate among suppliers of 
other Parties.  The financial, commercial and technical capacity of a supplier shall 
be judged on the basis both of that 
supplier's global business activity as well as of its activity in the territory of the 
procuring entity, taking due account of the 
legal relationship between the supply organizations; 
 
(b) shall base its evaluation on the 
conditions that the procuring entity has 
specified in advance in notices or tender 
documentation. 
  
4. Where there is supporting evidence, a Party, 
including its procuring entities, may exclude a supplier 
on grounds such as:  
(a) bankruptcy; 
 (b) false declarations; 
 (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. 
 
(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 on the commercial integrity of the supplier;  or 
 
(f) failure to pay taxes. 
  GPA/W/317 
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Article IX 
Qualification of Suppliers 
  
Registration Systems and Qualification Procedures  
  
1. A Party, including its procuring entities, may 
maintain a supplier registration system under which 
interested suppliers are required to register and provide 
certain information.  
 
  
2. Each Party shall ensure that: Article VIII 
 
In the process of qualifying suppliers, entities shall not discriminate among suppliers of  other Parties or between 
domestic suppliers and supplie rs of other Parties.  
Qualification procedures sha ll be consistent with the 
following: 
 
(g) each Party shall ensure that: 
 
(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 minimize 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 
suppliers of another Party in its procurement.    GPA/W/317 
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Selective Tendering 
  
4. Where a procuring entity  intends to use 
selective tendering, the entity shall: 
 
(a) include in the notice of intended 
procurement at least the information 
specified in Article VII:2(a), (b), (f), (g), (j), (k) and (l) and invite suppliers 
to submit a request for participation;  
and 
 
(b) provide, by the commencement of the 
time-period for tendering, at least the information in Article VII:2 (c), (d), (e), 
(h) and (i) to the qualified suppliers that 
it notifies as specified in Article XI:3(b). 
 Article VIII 
 
In the process of qualifying suppliers, entities shall not 
discriminate among suppliers of  other Parties or between 
domestic suppliers and supplie rs of other Parties.  
Qualification procedures sha ll 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 procurement process, complete the 
qualification procedures; 
 GPA/W/317 
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5. A procuring entity shall allow all qualified 
suppliers to participate in a particular procurement, 
unless the procuring entity states in the notice of 
intended procurement any li mitation on the number of 
suppliers that will be permitte d to tender and the criteria 
for selecting the limited number of suppliers. 
 Article VIII 
 
In the process of qualifying suppliers, entities shall not discriminate among suppliers of  other Parties or between 
domestic suppliers and supplie rs of other Parties.  
Qualification procedures sha ll be consistent with the 
following:  
(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 recognize 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, entities shall, for each intended procurement, invite tenders from 
the maximum number of domestic suppliers and suppliers 
of other Parties, consistent with the efficient operation of 
the procurement system.  They shall select the suppliers to 
participate in the procedure in a fair and non-
discriminatory manner.  
3. Suppliers requesting to pa rticipate 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.  GPA/W/317 
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6. Where the tender documentation is not made 
publicly available from the date of publication of the notice referred to in paragraph 4, 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 qualification system as an invitation to participate shall 
provide, subject to the considerations referred to in 
paragraph 4 of Article XVIII and in a timely manner, 
information which allows all those who have expressed an interest to have a meaningful opportunity to assess their 
interest in participating in the procurement.  This 
information shall include the information contained in the notices referred to in paragraphs 6 and 8, to the extent such 
information is available.  Information provided to one 
interested supplier shall be provided in a non-discriminatory manner to the other interested suppliers. 
 
Multi-Use Lists 
  
7. A procuring entity may maintain a multi-use list 
of suppliers, provided that a notice inviting interested 
suppliers to apply for inclusion on the list is: 
 
(a) published annually;  and 
 
(b) where published by electronic means, 
made available continuously, 
 
in the appropriate medium listed in Appendix III. 
 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: 
 
 
8. The notice provided for in paragraph 7 shall include:   
(a) a description of the goods or services, 
or categories thereof, for which the list may be used; 
 (a) the enumeration of the lists maintained, 
including their headings, in relation to the products or services or categories of 
products or services to be procured 
through the lists; 
 
(b) the conditions for participation to be 
satisfied by suppliers for inclusion on the list and the methods that the 
procuring entity will use to verify that a 
supplier satisfies 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; 
  GPA/W/317 
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(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 
 (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 this 
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. 
 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; 
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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, within the time-period provided for in 
Article XI:2, a procuring entity shall examine the 
request.  The procuring entity shall not exclude the 
supplier from consideration in respect of the procurement on the grounds that the entity has 
insufficient time to examine the request, unless, in 
exceptional cases, due to the complexity of the procurement, the entity is not able to complete the 
examination of the request within the time-period 
allowed for the submission of tenders.  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 recognize 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; 
 
(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  
3. Suppliers requesting to pa rticipate 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. 
 
Annex 2 and Annex 3 Entities 
  
12. A procuring entity covered under Annex 2 or 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 an d 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. 
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(a) the notice is published in accordance 
with paragraph 7 and includes the information required under paragraph 8, 
as much of the information required 
under Article VII:2 as is available and a 
statement that it constitutes a notice of 
intended procurement or that only the suppliers on the multi-use list will 
receive further notices of procurement 
covered by the multi-use list;  and  
 
(b) the entity promptly provides to 
suppliers that have expressed an interest in a given procurement to the entity, 
sufficient information to permit them to 
assess their interest in the procurement, including all remaining information 
required in Article VII:2, to the extent 
such information is available. 
 Article IX 
 
5. Entities which use a notice regarding a qualification system as an invitation to participate shall 
provide, subject to the considerations referred to in 
paragraph 4 of Article XVIII and in a timely manner, 
information which allows all those who have expressed an interest to have a meaningful opportunity to assess their 
interest in participating in the procurement.  This 
information shall include the information contained in the notices referred to in paragraphs 6 and 8, to the extent such 
information is available.  Information provided to one 
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 
concerned; 
 
(e) a statement that the notice constitutes an 
invitation to participate. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
13. A procuring entity covered under Annex 2 or 3 
may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 10 to tender 
in a given procurement, where there is sufficient time 
for the procuring entity to examine whether the supplier 
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  
3. Suppliers requesting to pa rticipate 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.  GPA/W/317 
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Information on Procuring Entity Decisions 
  
14. A procuring entity shall promptly inform any 
supplier that submits a request for participation in a 
procurement or application for inclusion on a multi-use 
list of the procuring entity's decision with respect to the 
request or application. 
 Article VIII 
 
(f) any supplier having requested to become a 
qualified supplier shall be advised by the 
entities concerned of the decision in this 
regard.  Qualified suppliers included on permanent lists by entities shall also be 
notified of the termination of any such lists 
or of their removal from them; 
 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; 
 15. Where a procuring entity rejects a supplier's request for participation in a procurement 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 supplier with a written explanation of the reasons for its decision. 
 
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 services being pr ocured, a procuring entity 
shall, where appropriate:  2. Technical specifications prescribed by procuring 
entities shall, where appropriate: 
 
(a) set out 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  GPA/W/317 
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(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 regulations
3, recognized national 
standards4, or building codes. 
 
3. Where design or descriptive characteristics are 
used in the technical specifications, a procuring entity should indicate, where appropriate, that it will consider 
tenders of equivalent goods or services that 
demonstrably fulfil the requirements of the procurement by including words such as "o r 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, type, 
specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of 
describing the procurement requirements and provided 
that, in such cases, the entity  includes words such as "or 
equivalent" in the tender documentation.  
 3. There shall be no requirement or reference to a 
particular trademark or trade name, patent, design or type, 
specific origin, producer or supplier, unless there is no 
sufficiently precise or intelligible way of describing the procurement requirements and provided that words such as 
"or equivalent" are included in the tender documentation. 
 
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 
 
7. A procuring entity shall make available to suppliers tender documentation that includes all 
information necessary to permit suppliers to prepare and 
submit responsive tenders.  Unless already provided in 
the notice of intended procurement, such documentation shall include a complete description of: 
 2. Tender documentation provided to suppliers shall 
contain all information necessary to permit them to submit 
responsive tenders, including information required to be 
published in the notice of inte nded procurement, except for 
paragraph 6(g) of Article IX, and the following:  GPA/W/317 
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(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 with 
the conditions for participation; 
 (f) any economic and technical requirement, 
financial guarantees and information or 
documents required from suppliers; 
 
(c) all evaluation criteria the entity will 
apply 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 evaluation of tenders and the cost elements to be 
included in evaluating tender prices, such 
as transport, insurance and inspection costs, and in the case of products or 
services of other Parties, customs duties 
and other import charges, taxes and 
currency of payment; 
 
(d) where the procuring entity will conduct 
the procurement by electronic means, 
any authentication and encryption 
requirements or other requirements related to the submission of information 
by electronic means; 
  
(e) where the procuring entity will hold an 
electronic auction, the rules, including 
identification of the elements of the tender related to the
 evaluation criteria, 
on which the auction will be conducted; 
  
(f) where there will be a public opening of 
tenders, the date, time and place for the 
opening and, where appropriate, the 
persons authorized to be present; 
 (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, such as whether on paper or by electronic means;  and 
 (i) the terms of payment; 
 
(j) any other terms or conditions; 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(h) any dates for the delivery of goods or 
the supply of services. 
  
8. In establishing any date for the delivery of 
goods or the supply of services being procured, a 
procuring entity shall take into account such factors as 
the complexity of the procurement, the extent of 
subcontracting anticipated and the realistic time required 
for 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 in to account 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 evaluation criteria set out in the notice of 
intended procurement 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) make available tender documentation to 
ensure that interested suppliers have sufficient time to submit responsive 
tenders; 
 
(b) provide, on request, the tender 
documentation to any interested supplier;  and 
 
(c) reply to any reasonable request for 
relevant information by any interested 
or participating supplier, provided that 
such information does not give that supplier an advantage over other 
suppliers. 
 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 the procedure, 
and shall reply promptly to any reasonable 
request for explanations relating thereto. 
 
(b) In selective procedures, entities shall 
forward the tender documentation at the 
request of any supplier requesting to participate, and shall reply promptly to any 
reasonable request for explanations 
relating thereto. 
 
(c) Entities shall reply promptly to any 
reasonable request for relevant information submitted by a supplier 
participating in the tendering procedure, 
on condition that such information does not give that supplier an advantage over its 
competitors in the procedure for the award 
of the contract. 
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Modifications  
  
11. Where, prior to the award of a contract, a 
procuring entity modifies the criteria or requirements set 
out in the notice of intended procurement or tender 
documentation provided to pa rticipating 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 suppliers that are participating at 
the time of the modification, 
amendment or re-issuance, where such 
suppliers are known to the entity, and in all other cases, in the same manner as 
the original information was made 
available;  and 
 
(b) in adequate time to allow such suppliers 
to modify and re-submit amended tenders, as appropriate. 
 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 supp liers concerned in adequate 
time to permit the suppliers to consider such information 
and to respond to it. 
 
 
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 necessary for transmitting 
tenders by non-electronic means from 
foreign as well as domestic points 
where electronic means are not used. 
 
Such time-periods, including any extension of the time-periods, shall be the same 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 intended procurement, the extent of subcontracting anticipated 
and the normal time for transmitting 
tenders by mail from foreign as well as domestic points. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
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 procur ing entity renders this time-
period impracticable, the time-period may be reduced to 
not less than 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, 5, 7 and 
8 a procuring entity shall establish that the final date for 
the submission of tenders shall not be less than 40 days from the date on which: 
 
(a) in the case of open tendering, the notice 
of intended procurement is published;  
or 
 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. 
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4. A procuring entity may reduce the time-period 
for tendering established in accordance with paragraph 3 to not less than 10 days where: 
 
(a) the procuring entity has published a 
notice of planned procurement as 
described in Article VII:4 at least 40 days and not more than 12 months in 
advance of the publication of the notice 
of intended procurement, and the notice of planned procurement contains: 
 
(i) a description of the 
procurement; 
 
(ii) the approximate
 final dates for 
the submission of tenders or 
requests for participation; 
 (iii) a statement that interested 
suppliers should express their 
interest in the procurement to the procuring entity; 
 
(iv) the address from which 
documents relating to the 
procurement may be obtained;  and 
 
(v) as much of the information that 
is required for the notice of 
intended procurement under 
Article VII:2, as is available; 
 3. The periods referred to  in paragraph 2 may be 
reduced in the circumstances set out below:  
 
(a) if a separate notice has been published 40 
days and not more than 12 months in 
advance and the notice contains at least: 
 
(i) as much of the information 
referred to in paragraph 6 of Article IX as is available; 
 
(ii) the information referred to in 
paragraph 8 of Article IX; 
 
(iii) a statement that interested 
suppliers should express their 
interest in the procurement to the 
entity;  and 
 
(iv) a contact point with the entity 
from which further information may be obtained, 
 
the 40-day limit for receipt of tenders may be 
replaced by a period sufficie ntly long to enable 
responsive tendering, which, as a general rule, shall not be less than 24 days, but in any case not 
less than 10 days; 
 
(b) the procuring entity, for recurring 
contracts, indicates in an initial notice of intended procurement that 
subsequent notices will provide time-
periods for tendering based on this paragraph;  or  
 
 (b) in the case of the second or subsequent 
publications dealing with contracts of a recurring nature within the meaning of 
paragraph 6 of Article IX, the 40-day limit 
for receipt of tenders may be reduced to not less than 24 days; 
 
(c) a state of urgency duly substantiated by 
the procuring entity renders the time-period for tendering established in 
accordance with paragraph 3 
impracticable.  
 (c) where a state of urgency duly 
substantiated by the entity renders impracticable the periods in question, the 
periods specified in paragraph 2 may be 
reduced but shall in no case be less than 10 days from the date of the publication 
referred to in paragra ph 1 of Article IX;  or
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5. A procuring entity may reduce the time-period 
for tendering established in accordance with 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 entity accepts tenders by electronic 
means. 
  
6. The use of paragraph 5, in conjunction with 
paragraph 4, shall in no case result in the reduction of 
the time-period for tendering established in accordance 
with paragraph 3 to less than 10 days from the date on which the notice of intended procurement is published. 
  
7. Notwithstanding any other provision in this 
Article, where a procuring entity purchases commercial 
goods or services, or any combination thereof, it may 
reduce the time-period for tendering established in accordance with paragraph 3 to not less than 13 days, 
provided that it publishes by electronic means, at the 
same time, both the notice of intended procurement and the tender documentation.  In addition, where the entity 
accepts tenders for commercial goods or services by 
electronic means, it may reduce the time-period established in accordance with paragraph 3 to not less 
than 10 days. 
  
8. Where a procuring entity covered under 
Annex 2 or 3 has selected a ll or a limited number of 
qualified suppliers, the time-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 procurements by entities listed in 
Annexes 2 and 3, be fixed by mutual 
agreement between the entity and the selected suppliers.  In the absence of 
agreement, the entity may fix periods 
which shall be sufficiently long to enable 
responsive tendering and shall in any case 
not be less than 10 days. 
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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) where the entity has indicated its intent 
to conduct negotiations in the notice of 
intended procurement required under 
Article VII:2;  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 tender is obviously the most 
advantageous in terms of the specific evaluation criteria set out in the notice 
of intended procurement 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. A procuring entity shall:  
(a) ensure that any elimination of suppliers 
participating in negotiations is carried 
out in accordance with the evaluation criteria set out in the notice of intended 
procurement 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 accordance with the criteria set forth 
in the notices and tender documentation; 
 
(b) where negotiations are concluded, 
provide a common deadline for the remaining participating suppliers 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 comp etition among suppliers or 
in a manner that discriminates against suppliers of any 
other Party or protects dom estic suppliers, a procuring 
entity may use limited tendering and may choose not to 
apply Articles VII through IX, X (paragraphs 7 through 11), XI, XII, XIV and XV only under any of the 
following circumstances:  
 1. The provisions of Articles VII through 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 discri mination among suppliers of 
other Parties or protecti on to domestic producers or 
suppliers: 
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(a) where: 
 
(i) no tenders were submitted or no 
suppliers requested 
participation; 
 
(ii) no tenders that conform to the 
essential requirements of the 
tender documentation were 
submitted; 
 
(iii) no suppliers satisfied the 
conditions for participation;  or 
 
(iv) the tenders submitted have been 
collusive, 
 
provided that the requirements of the tender 
documentation are not substantially modified; 
 (a) in the absence of tenders in response to an 
open or selective tender, or when the tenders submitted have been collusive, or 
not in conformity with the essential 
requirements in the tender, or from 
suppliers who do not comply with the 
conditions for participation provided for in accordance with this Agreement, on 
condition, however, that the requirements 
of the initial tender are not substantially modified in the contract as awarded; 
 
(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 
any of the following reasons: 
 
(i) the requirement is for a work of 
art; 
 
(ii) the protection of patents, 
copyrights or other exclusive 
rights;  or  
 (iii) due to an absence of 
competition for technical 
reasons; 
 (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; 
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(c) for additional deliveries by the original 
supplier of goods or services that were not included in the initial procurement 
where a change of supplier for such 
additional goods or services: 
 
(i) 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 initial procurement;  and 
 
(ii) would cause significant 
inconvenience or substantial 
duplication of costs for the 
procuring entity; 
 (d) for additional deliveries by the original 
supplier which are intended either as parts replacement for existing supplies, or 
installations, or as the extension of 
existing supplies, services, or installations 
where a change of supplier would compel 
the entity to procure equipment or services not meeting requirements of 
interchangeability with already existing 
equipment or services
5; 
 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.  
(f) when additional construction services 
which were not included in the initial contract but which were within the 
objectives of the original tender 
documentation have, through unforeseeable circumstances, become 
necessary to complete the construction 
services described therein, and the entity 
needs to award contracts for the additional 
construction services to the contractor carrying out the construction services 
concerned since the separation of the 
additional construction services from the initial contract would be difficult for 
technical or economic reasons and cause 
significant inconvenience to the entity.  However, the total value of contracts 
awarded for the additional construction 
services may not exceed 50 per cent of the amount of the main contract; 
 
(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 strictly necessary when, for 
reasons of extreme urgency brought about 
by events unforeseeable by the entity, the 
products or services could not be obtained 
in time by means of open or selective 
tendering procedures; 
 
(e) for goods purchased on a commodity 
market; 
 (h) for products purchased on a commodity 
market; 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(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 original 
development.  Original development of 
a first good or service may include limited production or supply in order to 
incorporate the results of field testing 
and to demonstrate that the good or service is suitable for production or 
supply in quantity to acceptable quality 
standards, but does not include quantity production or supply to establish 
commercial viability or to 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 through XIV
6; 
 
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. 
 
(g) for purchases made under exceptionally 
advantageous conditions that only arise 
in the very short term in the case of 
unusual disposals such as those arising 
from liquidation, receivership or 
bankruptcy, but not for routine purchases from regular suppliers;  or 
 (i) for purchases made under exceptionally 
advantageous conditi ons which only arise 
in the very short term.  This provision is 
intended to cover unusual disposals by 
firms which are not normally suppliers, or 
disposal of assets of businesses in liquidation or receivership.  It is not 
intended to cover routine purchases from 
regular suppliers; 
 
(h) where a contract is awarded to a winner 
of a design contest provided that: 
 
(i) the contest has been organized 
in a manner that is consistent with the principles of this 
Agreement, in particular 
relating to the publication of a notice of intended procurement;  
and 
 
(ii) the participants are judged by 
an independent jury with a view to a design contract being 
awarded to a winner. 
 (j) in the case of contracts awarded to the 
winner of a design contest provided that the contest has been organized in a manner 
which is consistent with the principles of 
this Agreement, notably as regards the publication, in the sense of Article IX, of 
an invitation to suitably qualified 
suppliers, to participate in such a contest which shall be judged by an independent 
jury with a view to design contracts being 
awarded to the winners. 
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2. A procuring entity shall prepare a report in 
writing on each contract aw arded under paragraph 1.  
The 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 limited tendering. 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 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 formula, 
that is based on the evaluation criteria 
set out in the tender documentation and 
that will be used in the automatic 
ranking or re-ranking during the auction; 
 
(b) the results of any initial evaluation of 
the elements of its tender where the 
contract is to be awarded on the basis of 
the most advantageous tender;  and 
 
(c) any other relevant  information relating 
to the conduct of the auction. 
  
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Article XV 
Treatment of Tenders and Awarding of Contracts 
  
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 solicite d under open or selective 
procedures by entities shall be received and opened under 
procedures and conditions guaranteeing the regularity of 
the openings.  The receipt and opening of tenders shall also be consistent with the national treatment and non-
discrimination provisions of this Agreement.  Information 
on the opening of tenders shall remain with the entity 
concerned at the disposal of the government authorities 
responsible for the entity in order that it may be used if required under the procedures of Articles XVIII, XIX, 
XX and XXII. 
 
Article XIV 
 3. Entities shall treat tenders in confidence.  In 
particular, they shall not pr ovide 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 time specified because of delay 
due solely to mishandling on the part of the entity.  
Tenders may also be considered in other exceptional circumstances if the procedures of the entity concerned so 
provide. 
 
3. Where a procuring entity provides a supplier 
with an opportunity to correct unintentional errors of 
form between the opening of tenders and the awarding of the contract, the procuring entity shall provide the 
same opportunity to all participating suppliers. 
 1. The submission, receipt and opening of tenders 
and awarding of contracts shall be consistent with 
the following: 
 
(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. 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Awarding of Contracts 
  
4. To be considered for an award, a tender shall be 
submitted in writing and shall, at the time of opening, 
comply with the essential requirements set out in the notices and tender documentation and be from a supplier 
that satisfies the conditions for participation. 
 1. The submission, receipt and opening of tenders 
and awarding of contracts shall be consistent with the 
following: 
 
(a) tenders shall normally be submitted in 
writing directly or by mail.  If tenders by telex, telegram or facsimile are permitted, 
the tender made thereby must include all 
the information necessary for the evaluation of the tender, in particular the 
definitive price proposed by the tenderer 
and a statement that the tenderer agrees to 
all the terms, conditions and provisions of 
the invitation to tender.  The tender must be confirmed promptly by letter or by the 
despatch of a signed copy of the telex, 
telegram or facsimile.  Tenders presented by telephone shall not be permitted.  The 
content of the telex, telegram or facsimile 
shall prevail where there is a difference or conflict between that content 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. 
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5. Unless a procuring entity determines that it is 
not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity 
has determined to be capable of fulfilling the terms of 
the contract and that, based solely on the evaluation 
criteria specified in the notices and tender 
documentation, has submitted:  
(a) the most advantageous tender;  or 
 (b) where price is the sole criterion, the 
lowest price. 
 (b) Unless in the public interest an entity 
decides not to issue the contract, the entity shall make the award to the tenderer who 
has been determined to be fully capable of 
undertaking the contract and whose tender, 
whether for domestic products or services, 
or products or services of other Parties, is either the lowest tender or the tender 
which in terms of the specific evaluation 
criteria set forth in the notices or tender documentation is determined to be the 
most advantageous. 
6. Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other 
tenders submitted, it may verify with the supplier that it satisfies the conditions for pa rticipation and is capable 
of fulfilling the terms of the contract. 
 (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 options, cancel 
a procurement or modify awarded contracts in a manner 
that circumvents the obligations under this 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 
  
1. A procuring entity shall promptly inform 
participating suppliers of the entity's contract award 
decisions and, on the request of a supplier, shall do so in writing.  Subject to paragra phs 2 and 3 of Article XVII, 
a procuring entity shall, on request, provide an 
unsuccessful supplier with an explanation of the reasons why 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 awards 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. 
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Publication of Award Information 
  
2. Not later than 72 days after the award of each 
contract covered by this Agreement, a procuring entity 
shall publish a notice in th e appropriate paper or 
electronic medium listed in Appendix III.  Where the 
entity publishes the notice only in an electronic 
medium, 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 services 
procured; 
 (a) the nature and quantity of products or 
services in the contract award; 
 
(b) the name and address of the procuring 
entity; 
 (b) the name and address of the entity 
awarding the contract; 
 
(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 offer 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 in accordance with 
Article XIII, a description of the 
circumstances justifying the use of limited tendering. (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. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Maintenance of Documentation, Reports, and 
Electronic Traceability 
  
3. Each procuring entity shall, for a period of at 
least three years from the date it awards a contract, 
maintain: 
 
(a) the documentation and reports of 
tendering procedures and contract 
awards relating to covered 
procurement, including the reports required under Article XIII;  and 
 
(b) 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 provisions of paragraph 1. Each report shall contain the name of the procuring entity, 
value and kind of goods or services procured, country of 
origin, and a statement of the conditions in this Article which prevailed.  This report shall remain with the entities 
concerned at the disposal of the government authorities 
responsible for the entity in order that it may be used if required under the procedures of Articles XVIII, XIX, XX 
and XXII. 
 
Collection and Reporting of Statistics 
  
4. Each Party shall collect and report to the 
Committee statistics on its contracts covered by this Agreement.  Each report shall cover one year and be 
submitted within two years of the end of the reporting 
period, and shall contain: Article XIX 
 
5. Each Party shall collect and provide to the Committee on an annual basis statistics on its 
procurements covered by this  Agreement.  Such reports 
shall contain the following information with respect to 
contracts awarded by all procurement entities covered 
under this Agreement: 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(a) for Annex 1 procuring entities: 
 
(i) the number and total value, for 
all such entities, of all 
contracts covered by this 
Agreement; 
 (ii) the number and total value of 
all contracts covered by this 
Agreement awarded by each such entity, broken down by 
categories of goods and 
services according to an internationally recognized 
uniform classification system;  
and 
 
(iii) the number and total value of 
all contracts covered by this Agreement awarded by each 
such entity under limited 
tendering; (a) for entities in Annex 1, statistics on the 
estimated value of c ontracts 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 sy stems;  ...; 
 (c) for entities in Annex 1, statistics, broken 
down by entity and by categories of 
products and services, on the number and total 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;  ... . 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(b) for Annex 2 and 3 procuring entities, 
the number and total value of contracts covered by this Ag reement 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 threshold value broken 
down by categories of entities and categories of produc ts 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. 
 
 
(c) estimates for the data 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. Where a Party publishes its statistics on an 
official website, in a manner that is consistent with the requirements of paragraph 4, the Party may substitute a 
notification to the Committee of the website address for 
the submission of the data under paragraph 4, with any instructions necessary to access and use such statistics. 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
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 substitute a notification to the Committee 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 a procurement was conducted fairly, 
impartially and in accordance with this Agreement, including information on the ch aracteristics and relative 
advantages of the successful tender.  In cases where 
release of the information would prejudice competition 
in future tenders, the Party that receives the information 
shall not disclose it to any supplier, except after consulting with, and obtaining the 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 competition in future tenders, this information shall not be disclosed 
except after consultation with and agreement of the Party 
which gave the information to the government of the unsuccessful tenderer. 
 
3. Available information concerning procurement by covered entities and their individual contract awards shall 
be provided, upon request, to any other Party. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Non-Disclosure of Information 
  
2. Notwithstanding any other provision of this 
Agreement, a Party, including its procuring entities, 
shall not provide to any particular supplier information 
that might prejudice fair competition between 
suppliers. 
 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.  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 wit hheld 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 this Agre ement shall be construed 
to require a Party, including its procuring entities, authorities and review bodies, to disclose confidential 
information where disclosure: 
 (a) would impede law enforcement; 
 
(b) might prejudice fair competition 
between suppliers; 
 
(c) would prejudice the legitimate 
commercial interests of particular 
persons, including the protection of 
intellectual property;  or 
 
(d) would otherwise be contrary to the 
public interest. 
 Article XIX 
 
4. Confidential information provided to any Party which would impede law enfo rcement 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 wit hheld 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, 
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Article XVIII 
Domestic Review Procedures 
  
Article XX 
Challenge Procedures  
1. Each Party shall provide a timely, effective, 
transparent and non-discriminatory administrative or 
judicial review procedure through which a supplier 
may challenge: 
 
(a) a breach of the Agreement;  or 
 (b) where the supplier does not have a 
right to challenge directly a breach of 
the Agreement under the domestic law of a Party, a failure to comply with a 
Party's measures implementing this 
Agreement, 
 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 proc urements in which they have, 
or have had, an interest.  
arising in the context of a covered procurement, in which the supplier has, or has had, an interest.  The procedural rules for all  
challenges shall be in writing and made 
generally available. 
 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 supplier has, or has had, an interest, that there has 
been a breach or a failure as referred to in paragraph 1, 
the Party of the procuring entity conducting the procurement shall encourage the entity and the supplier 
to seek resolution of the complaint through 
consultations.  The 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 its right to seek corrective measures under the ad ministrative or judicial 
review procedure. 
 Consultations 
 
1. In the event of a compla int by a supplier that there 
has been a breach of this Ag reement in the context of a 
procurement, each Party shall encourage the supplier to seek resolution of its complaint in consultation with 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. 
 
3. Each supplier shall be allowed a sufficient period of time to prepare a nd 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.  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 procuring 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 revi ew 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. ... 
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5. Where a body other than an authority referred 
to in paragraph 4 initially reviews a challenge, the Party shall ensure that the supp lier may appeal the initial 
decision to an impartial administrative or judicial 
authority that is independent of the procuring entity 
whose procurement is the subject of the challenge. 
  
6. Each Party shall ensure that a review body that 
is not a court shall have its decision subject to judicial 
review or have procedures that 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; 
 (g) documents are disclosed to the review 
body. 
 
(b) the participants to the proceedings 
(hereinafter referred to as 
"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 that the proceedings take place in public and that witnesses may be 
presented;  and 
 (d) proceedings can take place in public; 
 (f) witnesses can be presented; 
 
(f) the review body shall make its 
decisions or recommendations in a 
timely fashion, in writing, and shall include an explanation of the basis for 
each decision or recommendation. 
 (e) opinions or decisions are given in writing 
with a statement describing the basis for 
the opinions or decisions; 
 
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. 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
7. Each Party shall adopt or maintain procedures 
that provide for: 
 7. Challenge procedures shall provide for: 
 
(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.  The 
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.  Just cause for not 
acting shall be provided in writing;  
and 
 (a) rapid interim measures to correct 
breaches of the Agreement and to 
preserve commercial opportunities. Such 
action may result in suspension of the procurement process. However, 
procedures may provide that overriding 
adverse consequences for the interests concerned, including the public interest, 
may be taken into account in deciding 
whether such measures should be applied.  In such circumstances,  just cause for not 
acting shall be provided in writing; 
 
(b) where a review body has determined 
that there has been a breach  or a failure as referred to in paragraph 1, 
corrective action or compensation for 
the loss or damages suffered, which may be limited to either the costs for 
the preparation of the tender or the 
costs relating to the challenge, or both. 
 (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. 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
 
Article XIX 
Modifications and Rectifications to Coverage 
  
 
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 of its annexes to Appendix I (any of 
which is hereinafter referred to as "modification").  The 
Party proposing the modification (hereinafter referred to as "modifying Party") shall include in the 
notification: 
 
(a) for any proposed withdrawal
 of an 
entity from its annexes to Appendix I 
in exercise of its rights on the grounds that government control or influence 
over the entity's covered procurement 
has been effectively eliminated, evidence of such elimination;  or  
 
(b) for any other proposed modification, 
information as to the likely 
consequences of the change for the mutually agreed coverage provided for 
in this Agreement. 
  Article XXIV 
 6. Rectifications or Modifications  
(a) Rectifications, transfers of an entity from 
one Annex to another or, in exceptional 
cases, other modifications relating to Appendices I through IV shall be notified 
to the Committee, along with information 
as to the likely consequences of the change for the mutually agreed coverage 
provided in this Agreement. ... 
(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. … 
Objection to Notification 
  
2. Any Party whose rights under this Agreement 
may be affected by a proposed modification notified under paragraph 1 may notify the Committee of any 
objection to the proposed modification.  Such 
objections shall be made within 45 days from the date of the circulation to the Parties of the notification, and 
shall set out reasons for the objection. 
 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 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. ... 
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Consultations 
  
3. The modifying Party and any Party making an 
objection (hereinafter referred to as "objecting Party") 
shall make every attempt to resolve the objection 
through consultations.  In such consultations, the 
modifying and objecting Parties shall consider the 
proposed modification:  
(a) in the case of a notification under 
paragraph 1(a), in accordance with any indicative criteria adopted pursuant to 
paragraph 8(b), indicating the effective 
elimination of government control or influence over an entity's covered 
procurement;  and 
 (b) in the case of a notification under 
paragraph 1(b), in accordance with any 
criteria  adopted pursuant to paragraph 8(c), relating to the level of 
compensatory adjustments to be 
offered for modifications, with a view 
to maintaining a balance of rights and 
obligations and a comparable level of mutually agreed coverage provided in 
this Agreement. 
 6. Rectifications or Modifications 
(a) ... In other cases, the Chairman of the 
Committee shall promptly convene a 
meeting of the Committee.  
 
(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. 
Revised Modification 
  
4. Where 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. 
   GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Implementation of Modifications 
  
5. 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 have elapsed, and the modifying Party has 
informed the Committee in writing of 
its intention to implement the 
modification. 
 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 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. ... 
 
Withdrawal of Substantially Equivalent Coverage 
  
6. Where a modification becomes effective 
pursuant to paragraph 5(c), any objecting Party may 
withdraw substantially equivalent coverage.  
Notwithstanding Article IV:1(b), a withdrawal pursuant 
to this paragraph may be implemented solely with 
respect to the modifying Party.  Any objecting Party shall inform the Committee in writing of any such 
withdrawal at least 30 days before the withdrawal 
becomes effective.  A withdrawal pursuant to this paragraph shall be consistent with any criteria relating 
to the level of compensatory adjustment adopted by the 
Committee pursuant to paragraph 8(c).  6. Rectifications or Modifications 
(a) ... The Committee shall consider the 
proposal and any claim for compensatory adjustments, with a view to maintaining 
balance of rights and obligations and a 
comparable level of mutually agreed coverage provided in this Agreement 
prior to such notification. In the event of 
agreement not being reached, the matter may be pursued in accordance with the 
provisions contained in Article XXII. 
 (b) … In considering the proposed 
modification to Appendix I and any 
consequential compensatory adjustment, 
allowance shall be made for the market-
opening effects of the removal of government control or influence. 
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Arbitration Procedures to Facilitate Resolution of 
Objections 
  
7. Where the Committee has adopted arbitration 
procedures to facilitate the resolution of objections 
pursuant to paragraph 8, a modifying or any objecting 
Party may invoke the arbitration procedures within 
120 days of circulation of the notification of the proposed modification: 
 
(a) Where no Party has invoked the 
arbitration procedures within the 
time-period: 
 (i) notwithstanding 
paragraph 5(c), the proposed 
modification shall become effective where 130 days from 
the date of circulation of the 
notification of the proposed modification under 
paragraph 1 have elapsed, and 
the modifying Party has 
informed the Committee in 
writing of its intention to implement the modification;  
and 
 (ii) no objecting Party may 
withdraw coverage pursuant to 
paragraph 6. 
 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. ... 
 
(b) Where a modifying Party or objecting 
Party has invoked the arbitration procedures: 
  
(i) notwithstanding 
paragraph 5(c), the proposed 
modification shall not become 
effective before the completion of the arbitration procedures; 
  
(ii) any objecting Party that 
intends to enforce a right to 
compensation, or to withdraw substantially equivalent 
coverage pursuant to 
paragraph 6, shall participate in the arbitration proceedings; 
   GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
(iii) a modifying Party should 
comply with the results of the arbitration  procedures in 
making any modification 
effective pursuant to 
paragraph 5(c);  and 
  
(iv) where a modifying Party does 
not comply with the results of 
the arbitration procedures in making any modification 
effective pursuant to 
paragraph 5(c), any objecting Party may withdraw 
substantially equivalent 
coverage pursuant to paragraph 6, provided that any 
such withdrawal is consistent 
with the result of the arbitration procedures. 
  
Committee Responsibilities 
  
8. The Committee shall adopt:  
 
(a) arbitration procedures to facilitate 
resolution of objections under 
paragraph 2; 
 (b) indicative criteria that demonstrate the 
effective elimination of government 
control or influence over an entity's covered procurement;  and 
 
(c) criteria for determining the level of 
compensatory adjustment to be offered 
for modifications made pursuant to 
paragraph 1(b) and of substantially 
equivalent coverage  under paragraph 6. 
  
 
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 any representation made by 
another Party with respect to any matter affecting the operation of this Agreement.  
 2. ... Any Party thus approached shall give 
sympathetic consideration to the representations or 
proposals made to it. GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
2. Where 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: 
 
(a) the failure of another Party or Parties to 
carry out its obligations under this 
Agreement;  or 
 (b) 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 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 Parties to carry out its 
obligations under this Agreem ent, 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 (hereinafter referred to as 
"DSB"), as specified below.  ... 
 
3. The Dispute Settlement Understanding shall apply to consultations and the settlement of disputes 
under this Agreement, with the exception that, 
notwithstanding paragraph 3 of Article 22 of the 
Dispute Settlement Understanding, any dispute arising 
under any Agreement listed in Appendix 1 to the 
Dispute Settlement Understanding other than this Agreement shall not result in the suspension of 
concessions or other obligati ons 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 
Appendix 1 of the Dispute Settlement Understanding. 
 1. The provisions of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes under 
the WTO Agreement (hereinafter referred to as the 
"Dispute Settlement Understanding") shall be applicable except as otherwise specifically provided below. 
 
3. The DSB shall have the authority to establish 
panels, adopt panel and Appe llate Body reports, make 
recommendations or give rulings on the matter, maintain 
surveillance of implementation of rulings and 
recommendations, and authorize suspension of concessions and other obligati ons under this Agreement or 
consultations regarding reme dies when withdrawal of 
measures found to be in contra vention 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. 
 
7. Notwithstanding paragra ph 2 of Article 22 of the 
Dispute Settlement Understa nding, 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 Agreem ent, 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. 
  GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
 
Article XXI 
Institutions  
  
Article XXI 
Institutions 
Committee on Government Procurement 
  
1. There shall be a Committee on Government 
Procurement composed of representatives from each of 
the Parties.  This Committee shall elect its own Chairman and shall meet as necessary, but not less than 
once a year, for the purpose of affording Parties the 
opportunity to consult on any matters relating to the operation of this Agreement or the furtherance of its 
objectives, and to carry out such other responsibilities 
as may be assigned to it by the Parties.  1. A Committee on Government Procurement 
composed of representatives from each of the Parties shall 
be established.  This Committee shall elect its own Chairman and Vice-Chairman and shall meet as necessary 
but not less than once a year for the purpose of affording 
Parties the opportunity to cons ult on any matters relating to 
the operation of this Agreement or the furtherance of its 
objectives, and to carry out su ch 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 estab lish working parties or 
other subsidiary bodies which sh all carry out such functions 
as may be given to them by the Committee. 
3. The Committee shall annually: 
 
(a) review the implementation and 
operation of this Agreement;  and 
 (b) inform the General Council of its 
activities, pursuant to Article IV:8 of 
the Marrakesh Agreement Establishing the World Trade Organization 
(hereinafter referred to as "WTO 
Agreement"), and of developments relating to the implementation and 
operation of this Agreement. 
 Article XXIV 
 
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. 
 
Observers  
  
4. Any WTO Member that is not a Party to this 
Agreement shall be entitled to participate in the 
Committee as an observer by submitting a written notice to the Committee.  Any WTO observer may 
submit a written request to the Committee to participate 
in the Committee as an observer, and may be accorded 
observer status by the Committee. 
 Article XVII 
 2. Governments not Parties to the Agreement which 
comply 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. 
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
 
Article XXII 
Final Provisions  
  
Article XXIV 
Final Provisions 
Acceptance and Entry into Force  
 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 1994 or have, by that date, signed the Agreement subject to ratification and subsequently 
ratified the Agreement before 1 January 1996. 
 1. This Agreement shall enter into force on 1 
January 1996 for those governments1 whose agreed 
coverage is contained in th e Annexes of Appendix I of 
this Agreement, and which have, by signature, accepted 
the Agreement on 15 April 1994, or have, by that date, 
signed the Agreement subject to ratification and have 
subsequently ratified the Ag reement before 1 January 
1996. 
 
Footnote  
1 For the purpose of this Agreement, the term 
"government" is deemed to include the competent authorities of the European Union. 
 Footnote 
 
8 For the purpose of this Agreement, the term 
"government" is deemed to include the competent authorities of the European Communities. 
 
Accession  
 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 contrac ting 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 
30
th day following the date of its accession to the 
Agreement.  2. Any Member of the WTO may accede to this 
Agreement on terms to be agreed between that Member 
and the Parties, with such terms stated in a decision of the Committee.  Accession shall take place by deposit 
with the Director-General of the WTO of an instrument 
of accession that states the terms so agreed.  This Agreement shall enter into force for a Member 
acceding to it on the 30
th day following the deposit of 
its instrument of accession.  
Reservations  
 4. Reservations 
 
 Reservations may not be entered in respect of any 
of the provisions of this Agreement. 3. No Party may enter a reservation in respect of any provision of this Agreement.   GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
Domestic Legislation  
 5. National Legislation 
 
(a) Each government accepting or acceding to 
this Agreement shall ensure, not later than 
the date of entry into force of this 
Agreement for it, the conformity of its 
laws, regulations and administrative procedures, and the rules, procedures and 
practices applied by the entities contained 
in its lists annexed hereto, with the provisions of this Agreement. 
 4. Each Party shall ensure, not later than the date 
of entry into force of this Agreement for it, the 
conformity of its laws, regul ations and administrative 
procedures, and the rules, procedures and practices 
applied by its procuring entities, with the provisions of 
this Agreement.  
 
 
5. Each Party shall inform the Committee of any 
changes to its laws and regulations relevant to this 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 relevant to this Agreement and in the 
administration of such laws and 
regulations. 
 
Future Negotiations and Future Work Programmes  
 7. Reviews, Negotiations and Future Work  
 
(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. 
 6. Each Party shall seek to avoid introducing or continuing discriminatory measures that distort open procurement.  
7. Not later than the end of three years from the 
date of entry into force of the Protocol Amending the Agreement on Government Procurement, adopted on 
30 March 2012, and periodically  thereafter, the Parties 
shall undertake further negotiations, with a view to improving this Agreement, progressively reducing and 
eliminating discriminatory measures, and achieving the 
greatest possible extension of its coverage among all Parties on the basis of mutual reciprocity, taking into 
consideration the needs of developing countries. 
 7. Reviews, Negotiations  and Future Work   
 
(b) Not later than the end of the third year 
from the date of entry into force of this 
Agreement and periodically thereafter, the Parties thereto shall undertake further 
negotiations, with a vi ew 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. 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
8. (a) The Committee shall undertake further 
work to facilitate the implementation of this Agreement and the negotiations 
provided for in paragraph 7, through 
the adoption of work programmes for 
the following items: 
 
(i) the treatment of small and 
medium-sized enterprises; 
 (ii) the collection and 
dissemination of statistical 
data; 
 
(iii) the treatment of sustainable 
procurement; 
 
(iv) exclusions and restrictions in 
Parties' Annexes;  and 
 
(v) safety standards in 
international procurement. 
  
(b) The Committee: 
 
(i) may adopt a decision that 
contains a list of work programmes on additional 
items, which may be reviewed 
and updated periodically
1;  and 
 
(ii) shall adopt a decision setting 
out the work to be undertaken on each particular work 
programme under 
subparagraph (a) and any work programme adopted under 
subparagraph (b)(i).
2 
  
                                                      
1 See GPA/113, Appendix 2, Annex B,  Decision of the Committee on Government Procurement on 
Adoption of Work Programmes . 
2 See GPA/113, Appendix 2, Annexes C-G.  GPA/W/317 
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 TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
9. Following the conclusion of the work 
programme to harmonize rules of origin for goods being undertaken under the Agreement on Rules of 
Origin in Annex 1A to the WTO Agreement and 
negotiations regarding trade in services, the Parties 
shall take the results of th at work programme and those 
negotiations into account in amending Article IV: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 Es tablishing the World Trade 
Organization (hereinafter referred 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. 
 
10. Not later than the end of the fifth year from the 
date of entry into force of the Protocol Amending the Agreement on Government Procurement, the 
Committee shall examine the applicability of Article 
XX:2(b).   
Amendments  
 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. 11. The Parties may amend this Agreement.  A 
decision to adopt an amendment and to submit it for acceptance by the Parties shall be taken by consensus.  
An amendment shall enter into force: 
 
 (a) except as provided for in 
subparagraph (b), in respect of those Parties that accept it, upon 
acceptance by two thirds of the 
Parties and thereafter for each other Party upon acceptance by it; 
 
 (b) for all Parties upon acceptance by 
two thirds of the Parties if it is an 
amendment that the Committee, by 
consensus, has determined to be of a nature that would not alter the rights 
and obligations of the Parties. 
 
Withdrawal 
 10. Withdrawal 
 
(a) Any Party may withdraw from this 
Agreement.  The withdrawal shall take 
effect upon the expiration of 60 days from 
the date on which written notice of withdrawal is received by the Director-
General of the WTO.  Any Party may 
upon such notification request an immediate meeting of the Committee. 
 12. Any Party may withdraw  from this Agreement.  
The withdrawal shall take effect upon the expiration of 
60 days from the date the Director-General of the WTO 
receives written notice of the withdrawal.  Any Party 
may, upon such notification, request an immediate meeting of the Committee. 
 
 GPA/W/317 
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  TEXT IN REVISED GPA (G PA/113, APPENDIX 1) CORRESPONDING TEXT IN GPA (1994)  
13. Where a Party to this Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to this Agreement with effect on the date on which it ceases to 
be a Member of the WTO. 
 (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 Agr eement between Particular 
Parties 
 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. 
 14. This Agreement shall not apply as between any 
two Parties where either Party, at the time either Party 
accepts or accedes to this Agreement, does not consent 
to such application.  
 
Appendices 
 12. Notes, Appendices and Annexes 
 
 The Notes, Appendices and Annexes to this 
Agreement constitute an integral part thereof. 15. The Appendices to this  Agreement constitute 
an integral part thereof. 
 
Secretariat 
 13. Secretariat 
 
This Agreement shall be serviced by the WTO Secretariat. 16. This Agreement shall be serviced by the WTO 
Secretariat. 
 
 
Deposit 
 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 modi fication thereto pursuant to 
paragraph 6 and of each amendment thereto pursuant to 
paragraph 9, and a not ification of each acceptance thereof 
or accession thereto pursuant to  paragraphs 1 and 2 and of 
each withdrawal therefrom pursu ant to paragraph 10 of this 
Article. 
 17. This Agreement sha ll be deposited with the 
Director-General of the WTO, who shall promptly furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to Article XIX and of each amendment pursuant to paragraph 11, and a notification of each 
accession thereto pursuant to paragraph 2 and of each 
withdrawal pursuant to paragraphs 12 or 13.  
Registration 
 15. Registration 
 
 This Agreement shall be registered in accordance 
with the provisions of Artic le 102 of the Charter of the 
United Nations. 
 18. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.
  
  GPA/W/317 
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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 1994 
(NUMBERING) CORRESPONDING PROVISION IN THE 
REVISED GPA TEXT (GPA/113 
APPENDIX 1) 
(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 ...")  
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I 
Scope and Coverage  Article II 
Scope and Coverage 
paragraph 1 Article II:1 
Article II:2(a)(i) and (d)-(e) 
footnote 1, first sentence ("For each Party,...") Article II:4 
footnote 1, second sentence ("... Relevant 
thresholds are specified in...") Article II:2(c) 
paragraph 2 Article II:2(b) 
paragraph 3 Article II:5 GPA/W/317 
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  PROVISION IN THE GPA 1994 
(NUMBERING) CORRESPONDING PROVISION IN THE 
REVISED GPA TEXT (GPA/113 
APPENDIX 1) 
(NUMBERING) 
paragraph 4 Article II:2(c) 
Article II 
Valuation of Contracts  Article II 
Scope and Coverage 
Valuation  
paragraph 1 Article II:6 chapeau  
footnote 2 Article II:2(c) 
Article II:6  
paragraph 2 Article II:6(b) 
paragraph 3 Article II:6(a) 
paragraph 4 chapeau Article II:7 chapeau 
subparagraph 4(a) Article II:7(a) 
subparagraph 4(b) Article II:7(b) 
paragraph 5  chapeau Article II:8 chapeau 
subparagraph 5(a) Article II:8(a) 
subparagraph 5(b) Article II:8(b) 
paragraph 5, last sentence Article II:8(c) 
paragraph 6 Article II:6(b)(ii) 
Article III 
National Treatment and Non-discrimination  Article IV 
General Principles 
National Treatment and Non-Discrimination 
paragraph 1 chapeau Article IV:1 chapeau  
subparagraph 1(a) Article IV:1(a) 
subparagraph 1(b) Article IV:1(b) 
paragraph 2 chapeau Article IV:2 chapeau   GPA/W/317 
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 PROVISION IN THE GPA 1994 
(NUMBERING) CORRESPONDING PROVISION IN THE 
REVISED GPA TEXT (GPA/113 
APPENDIX 1) 
(NUMBERING) 
subparagraph 2(a) Article IV:2(a) 
subparagraph 2(b)  Article IV:2(b) 
paragraph 3 Article IV:7 
Article IV 
Rules of Origin Article IV  
General Principles 
Rules of Origin 
paragraph 1 Article IV:5 
paragraph 2 Article XXII:9 
Article V 
Special and Differential Treatment 
for Developing Countries Article V 
Developing Countries 
paragraph 1 chapeau Article V:1 
subparagraph 1(a)  
subparagraph 1(b)  
subparagraph 1(c)  
subparagraph 1(d)  
paragraph 2 Article V:2  
paragraph 3 Article V:2 
paragraph 4 Article V:3(a) 
paragraph 5 Article V:6 
paragraph 6 Article V:3(a) 
paragraph 7 Article V:9,10 
paragraph 8 Article V:8 GPA/W/317 
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  PROVISION IN THE GPA 1994 
(NUMBERING) CORRESPONDING PROVISION IN THE 
REVISED GPA TEXT (GPA/113 
APPENDIX 1) 
(NUMBERING) 
paragraph 9 Article V:8 
paragraph 10 Article V:8 
paragraph 11  
paragraph 12  
paragraph 13 Article V:8 
paragraph 14 Article V:10 
paragraph 15  
Article VI 
Technical Specifications Article X 
Technical Specifications and Tender 
Documentation 
Technical Specifications 
paragraph 1 Article I(u), defin ition of technical specification 
Article X:1 
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(s), definition of standard 
paragraph 3 Article X:4 
paragraph 4 Article X:5 
Article VII 
Tendering Procedures Article X 
Technical Specifications and Tender 
Documentation 
Tendering Procedures  
paragraph 1 Article IV:4(a)  GPA/W/317 
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 PROVISION IN THE GPA 1994 
(NUMBERING) CORRESPONDING PROVISION IN THE 
REVISED GPA TEXT (GPA/113 
APPENDIX 1) 
(NUMBERING) 
paragraph 2 Article XVII:2 
subparagraph 3(a) Article I(m) , definition of open tendering 
subparagraph 3(b) Article I(q), de finition of selective tendering 
subparagraph 3(c) Article I(h), definition of limited tendering  
Article VIII 
Qualification of Suppliers Article IX 
Qualification of Suppliers 
chapeau Article VIII:1 
paragraph (a) Article IX:4 
paragraph (b), first sentence Article VIII:1 
paragraph (b), second and subseque nt sentences Article VIII:3(a) 
paragraph (c) Article IX:5 
Article IX:11 
paragraph (c), second sentence Article I(p ), definition of qualified supplier 
paragraph (c), last sentence Article IX:13 
paragraph (d) Article IX:10 
paragraph (e) Article IX:11 
Article IX:13 
paragraph (f), entire Article IX:14 
Article IX:15 
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:4(a-b) GPA/W/317 
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(NUMBERING) 
Article IX Invitation to Participate Regarding Entended 
Procurement  Article VII 
Notices 
paragraph 1 Article VII:1(a) 
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(j) 
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)  GPA/W/317 
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subparagraph 8(b) Article VII:3(b) 
subparagraph 8(c) Article VII:3(c) 
paragraph 9 chapeau Article IX:7  
subparagraph 9(a) Article IX:8(a) 
subparagraph 9(b) Article IX:8(b) 
subparagraph 9(c) Article IX:8(d) 
subparagraphs 9(d)-(e) and their chapeau ("When 
such a notice...") Article IX:12(a)-(b)  
paragraph 9, final pa ragraph ("However, 
when...") Article IX:9 
paragraph 10 Article X:11 
paragraph 11 Article VII:2(l) 
Article IX:8(e) 
Article X 
Selection Procedures Article IX 
Qualification of Suppliers  
paragraph 1 Article IX:5 
paragraph 2 Article I(j) 
paragraph 3 Article IX:5 
Article IX:11 
Article IX:13 
paragraph 4  
Article XI 
Time-limits for Tendering and Delivery Article XI 
Time-Periods 
subparagraph 1(a) Article XI:1 
subparagraph 1(b)  GPA/W/317 
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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) Article XI:4 
subparagraph 3(b) Article XI:4(b) 
subparagraph 3(c) Article XI:4(c) 
subparagraph 3(d) Article XI:8 
paragraph 4 Article X:8 
Article XII 
Tender Documentation Article X 
Technical Specifications and Tender Documentation  
Tender Documentation 
paragraph 1  
paragraph 2 chapeau  Article X:7 chapeau 
subparagraph 2(a) Article VII:2(h) 
subparagraph 2(b) Article VII:2(a) 
subparagraph 2(c) Article VII:2(i) 
subparagraph 2(d) Article VII:2(h) 
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)  GPA/W/317 
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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 Article XV 
Treatment of Tenders and Contract Awards 
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 Article XII 
Negotiation 
paragraph 1 chapeau Article XII:1 chapeau 
subparagraph 1(a) Article XII:1(a) 
subparagraph 1(b) Article XV:1(b) 
paragraph 2  
paragraph 3 Article XV:1 
Article XVII:2 GPA/W/317 
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subparagraph 4(a) Article XII:2(a) 
subparagraph 4(b)  
subparagraph 4(c)  
subparagraph 4(d) Article XII:2(b) 
Article XV 
Limited Tendering Article XIII 
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) Article XIII:1(c) 
subparagraph 1(g)  
subparagraph 1(h) Article XIII:1(e) 
subparagraph 1(i) Article XIII:1(g) 
subparagraph 1(j) Article XIII:1(h) 
paragraph 2 Article XIII:2 
Article XVI:3(a)-(b) 
Article XVI 
Offsets Article IV 
General Principles   GPA/W/317 
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Offsets 
paragraph 1 Article IV:6 
paragraph 2 Article V:3(b) 
footnote 7 Article I(l), definition of offsets 
Article XVII 
Transparency Article XXI 
Institutions  
Observers 
paragraph 1  
paragraph 2 Article XXI:4 
Article XVIII 
Information and Review as Regards Obligations 
of Entities Article XVI 
Transparency of Procurement Information  
Publication of Award Information  
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:14 
Article IX:15 
subparagraph 2(c) Article XVI:1 GPA/W/317 
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paragraph 3 Article XVI:1 
paragraph 4 Article XVII:2 
Article XVII:3 
 
Article XIX Information and Review as Regards Obligations 
of Parties   
paragraph 1 Article VI:1 
Article VI:2(a) 
paragraph 2 Article XVII:1 
paragraph 3 Article XVII:1 
paragraph 4 Article XVII:3 
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)  GPA/W/317 
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paragraph 5, final paragraph ("To the extent that...")  
Article XX 
Challenge Procedures Article XVIII 
Domestic Review 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 
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) 
subparagraph 6(c) Article XVIII:6(d) 
subparagraph 6(d) Article XVIII:6(e) 
subparagraph 6(e) Article XVIII:6(f) 
subparagraph 6(f) Article XVIII:6(e) 
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) GPA/W/317 
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paragraph 8 Article XVIII:6(f) 
Article XXI 
Institutions Article XXI 
Institutions  
paragraph 1 Article XXI:1 
paragraph 2 Article XXI:2 
Article XXII 
Consultations and Dispute Settlement Article XX 
Consultations and Dispute Settlement  
paragraph 1 Article XX:3  
paragraph 2, first and sec ond sentences Article XX:2 
paragraph 2, third sentence Article XX:1 
paragraph 3 Article XX:3 
paragraph 4  
paragraph 5  
paragraph 6  
paragraph 7 Article XX:3 
Article XXIII 
Exceptions to the Agreement Article III 
Exceptions to the Agreement 
paragraph 1 Article III:1 
paragraph 2 Article III:2 
Article XXIV Final Provisions Article XXII 
Final Provisions  
paragraph 1 Article XXII:1 
footnote 8 footnote 1 
paragraph 2 Article XXII:2  GPA/W/317 
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subparagraph 3(a)  
subparagraph 3(b)  
footnote 9  
subparagraph 3(c)  
subparagraph 3(d)  
subparagraph 3(e)  
paragraph 4 Article XXII:3 
subparagraph 5(a) Article XXII:4 
subparagraph 5(b)  Article XXII:5 
subparagraph 6(a) and (b), first sentence Article XIX:1 
subparagraph 6(a) and (b), second sentence  Article XIX:2, 5 
subparagraph 6(a), third sentence Article XIX:3 
subparagraph 6(b), third sentence Article XIX:3 
Article XIX:7 
subparagraph 6(a) and (b), f ourth sentence Article XIX:6 
subparagraph 6(a), fifth sentence  Article XIX:7 
subparagraph 7(a) Article XXI:3 
subparagraph 7(b)  Article XXII:7 
subparagraph 7(c) Article XXII:6 
paragraph 8  
paragraph 9 Article XXII:11  
subparagraph 10(a) Article XXII:12 GPA/W/317 
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subparagraph 10(b) Article XXII:13 
paragraph 11 Article XXII:14 
paragraph 12 Article XXII:15 
paragraph 13 Article XXII:16 
paragraph 14 Article XXII:17 
paragraph 15 Article XXII:18 
closing paragraph (" Done at Marrakesh...")    
NOTES  
first paragraph ("The terms 'country' or 
'countries'...") Article I(d), definition of country or countries 
second paragraph ("In the case of a separate...") Article I(d), definition of country or countries 
Article I, paragraph 1  
third paragraph ("Having regard...") Article II:3(e) 
APPENDIX I, ANNEX 5  
Definition of "construction services" Article I(c) 
 
 
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