RESTRICTED  
  
GPA/TN1994/3/Rev.19  
26 April 2007 
(24-2757) Page: 1/26 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
  
LEGAL CHECK OF THE REVISED TEXT OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT AS AT 19 APRIL  2007*,** 
CLEAN TEXT  
NOTE  BY THE SECRETARIAT  
Revision  
In the informal closing session held on 1 9 April 2007, the Secretariat was asked to issue two versions 
of the provisionally agreed revised GPA text based on the work carried out that week on the "legal 
check"– a "track changes" document showing the changes compared to GPA/W/297  and a "clean" 
version of the sam e text showing how the unopposed changes would look . N.B.s placed on the text 
by Parties were to be retained in both documents, and both were to be circulated only in 
"Job document" form . In his statement, the Chairman indicated that "nothing will be deeme d agreed 
until the complete results of the legal check are adopted".  
 
This note embodies the clean version of the text showing how the unopposed changes would look.  
 
The attached version of the text does not include Article XXII of the revised Agreement or  the Draft 
Decision on Arrangement for the period of co -existence of the 1994 Agreement on Government 
Procurement and the [2007] Agreement on Government Procurement, in view of the negotiators' 
notes that have been placed on those provisions and that parti cipants did not carry out a legal 
drafting check of these provisions.  
 
 
_______________  
 
 
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs240) was deres tricted on 8 November 2023.  GPA/TN1994/3/Rev.19  
- 2 - 
  Table of Contents  
Article  I Definitions  ................................ ................................ ................................ .........  3 
Article  II Scope and Coverage  ................................ ................................ ..........................  5 
Article  III Security and General Exceptions  ................................ ................................ .........  7 
Article IV  General Principles  ................................ ................................ .............................  7 
Article  V Developing Countries  ................................ ................................ ..........................  8 
Article  VI Information on the Procurement System  ................................ .............................  10 
Article  VII Notices  ................................ ................................ ................................ ..........  10 
Article  VIII Conditions for Participation  ................................ ................................ .............  12 
Article IX  Qualification of Suppliers  ................................ ................................ ...................  12 
Article  X Technical Specifications and Tender Documentation  ................................ ...............  14 
Article  XI Time-Periods  ................................ ................................ ................................ ... 16 
Article  XII Negotiation  ................................ ................................ ................................ .... 18 
Article  XIII Limited Tendering  ................................ ................................ ..........................  18 
Article  XIV Electronic Auctions  ................................ ................................ .........................  19 
Article  XV Treatment of Tenders and Awarding of Contracts  ................................ .................  19 
Article  XVI Transparency of Procurement Information  ................................ .........................  20 
Article  XVII  Disclosure of Information  ................................ ................................ ...............  21 
Article  XVIII  Domestic Review Procedures  ................................ ................................ .........  22 
Article  XIX Modifications and Rectifications to Coverage  ................................ ......................  23 
Article  XX Consultations and Dispute Settlement  ................................ ................................  25 
Article  XXI Institutions  ................................ ................................ ................................ ... 25 
Article XXII  Final Provisions  ................................ ................................ .............................  26 
 
 
  GPA/TN1994/3/Rev.19  
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  Preamble  
 
The Parties to this Agreement (hereinafter referred to as " the 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  that measures regarding govern ment 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 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 Agree ment 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 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 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; 
 
Having undertaken  further negotiations in pursuance of these objectives  pursuant to 
Article  XXIV:7(b) and (c) of the Agreement on Government Procurement done at Marrakesh on 
15 April 1994 (hereinafter referred to  as "the 1994 Agreement "); [N.B.: This provision is related 
to the final status of the Agreement. ] 
 
Hereby agree  as follows:  
 
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 Provisional U nited 
Nations  Central Product Classification (CPC);  
 
(d) country include s 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 GPA/TN1994/3/Rev.19  
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  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 n ew 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;  
 
(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 where by the procuring entity 
contacts a suppli er or suppliers of its choice;  
 
(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 ent ity has determined satisfy 
the conditions for participation in that list, and that the procuring entity intends to use 
more than once;  
 
(k) notice of intended procurement  means a notice published by a procuring entity 
inviting interested suppliers to submi t 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, investm ent, counter -trade and similar action or 
requirement;  
 
(m) open tendering  means a procurement method where by all interested suppliers may 
submit a tender;  
 
(n) person  means a natural person or a juridical person;  
 
(o) procuring entity  means an entity cover ed 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;  
 
(q) selective tendering  means a procurement method where by only qualified suppliers 
are invited by the procuring entity to 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 an d 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;  
 
(t) supplier  mean s a person or group of persons that provides or could provide goods or 
services ; and 
 
(u) technical specification  means a tendering requirement that:  
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  (i) lays down the characteristics of goods or services to be procured, including 
quality, performance, sa fety 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  II Scope and Coverage  
Application of Ag reement  
 
1. This Agreement applies to any measure regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic means.  
 
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 
 
(ii) not procured with a view to commercial sale or resale, or for use in the production 
or supply of goods or service s for commercial sale or resale;  
 
(b) by any contractual means, including : purchase ; lease; and rental or hire purchase, with 
or without an option to buy;  
 
(c) for which the value, as estimated in accordance with paragraphs  6 through 8, equals or 
exceeds t he relevant threshold specified in a Party 's annexes to Appendix  I, at the time 
of publication of a notice in accordance with Article  VII; 
 
(d) by a procuring entity ; and 
 
(e) that is not otherwise exclu ded from coverage in paragraph 3  or a Party's annexes  to 
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;  
 
(d) public employment contrac ts; 
 
(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 GPA/TN1994/3/Rev.19  
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  (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 cond ition would be inconsistent with this Agreement.  
 
4. Each Party shall specify the following information in its annexes to Appendix I1: 
 
(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 services , other than construction services,  covered by thi s Agreement;  
 
(e) in Annex  5, the construction services covered by this Agreement ; and 
 
(f) in Annex  6, any General Notes.  
 
5. Where a procuring entity, in the context of covered procurement, requires 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.  
 
Valuation  
 
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring  entity shall:  
 
(a) neither divide a procurement into separate procurements nor select or use a particular 
valuation method for estimating the value of a procurement with the intention of totally 
or partially excluding it from the application of this Agree ment; and 
 
(b) include the estimated maximum total value of the procurement over its entire duration, 
whether awarded to one or more suppliers, taking into account all forms of 
remuneration, including:  
 
(i) premiums, fees, commissions and interest ; and 
 
(ii) where the procurement provides for the possibility of option clauses, the value of 
such optional purchases.  [N.B.: Parties are still considering this change .] 
 
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 (here inafter referred to as "recurring 
procurements"), the calculation of the estimated maximum total value shall be based on:  
 
(a) the value of recurring procurements of the same type of good or  service awarded during 
the preceding 12  months or the procuring entity's preceding fiscal year, adjusted , where 
possible , to take into account anticipated changes in the quantity or value of the good 
or service being procured over the following 12 months ; or 
 
(b) the estimated value of recurring procurements 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.  
 
 
1 Negotiators' Note:  The Parties are still considering whether to add a specific Annex on goods to 
Appendix I.  GPA/TN1994/3/Rev.19  
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  8. In the case of procurement by lease, rental or hir e purchase of goods or services, or 
procurement for which a total price is not specified, the basis for valuation shall be:  
 
(a) in the case of a fixed -term contract:  
 
(i) where the term of the contract is 12  months or less, the total estimated maximum 
value for its duration, or  
 
(ii) where the term of the contract exceeds 12  months, the total estimated maximum 
value, including any estimated residual value;  
 
(b) where the contract is for an indefinite period, the estimated monthly instalment 
multiplied by 48 ; and 
 
(c) where it is not certain whether the contract is to be a fixed -term contract, 
subparagraph  (b) shall be used.  
 
Article  III Security and General Exceptions  
1. Nothing in this Agreement shall be construed to prevent any Party from t aking 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.  
 
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 restri ction on international trade, nothing in this Agreement shall 
be construed to prevent any Party from imposing or enforcing measures:  
 
(a) necessary to protect public morals, order or safety;  
 
(b) necessary to protect human, animal or plant life or health;  
 
(c) necessary to protect intellectual property ; or 
 
(d) relating to goods or services of persons with disabilities, philanthropic institutions or 
prison labour.  
 
Article IV General Principles  
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: 
 
(a) domestic goods, services and suppliers ; and 
 
(b) goods, services and suppliers of any other Party.  
 
2. With respect to any measure regarding covered p rocurement, a Party, including its procuring 
entities, shall not:  
 
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basis of the degree of foreign affiliation or ownership ; or 
 
(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.  GPA/TN1994/3/Rev.19  
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  Use of Electronic Means  
 
3. When conducting covered procurement by e lectronic 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 interopera ble 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 inappropr iate 
access.  
 
Conduct of Procurement  
 
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 tenderin g; 
 
(b) avoids conflicts of interest ; and 
 
(c) prevents corrupt practices.  
 
Rules of Origin  
 
5. For purposes of covered procurement,  a Party shall not apply rules of origin to goods or 
services imported 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.  
 
Offsets  
 
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, 
take account of, impose or enforce any offset.  [N.B.: Parties are still considering this change.]  
 
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 affecting trade in service s other than measures governing 
covered procurement.  
 
Article  V Developing Countrie s 
[N.B. : Parties are still considering the changes to this Article.]  
 
1. In negotiations on accession to, and in the implementation and administration 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 (collectively referred to 
hereinafter as "developing countries", unless specifical ly identified otherwise), recognizing that these 
may differ significantly from country to country . As provided for in this Article and upon request, the 
Parties shall accord special and differential treatment to:  
 
(a) least-developed countries ; and 
 
(b) any other developing country, where and to the extent that this special and differential 
treatment meets its development needs.  
 GPA/TN1994/3/Rev.19  
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  2. Upon accession by a developing country to this Agreement, each Party shall provide 
immediately to the goods, services and su ppliers 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 
appropri ate balance of opportunities under this Agreement.  
 
3. Based on its development needs, and with the agreement of the Parties, a developing country 
may adopt or maintain one or more of the following transitional measures, during a transition period 
and in a ccordance with a schedule, set out in its Annex 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 t ender 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 provi de national 
treatment under a preferential agreement ; and 
 
(ii) is transparent, and the preference and its application in the procurement are 
clearly described in the notice of intended procurement;  
 
(b) an offset, provided that any requirement for, or con sideration of, the imposition of the 
offset is clearly stated in the notice of intended procurement;  
 
(c) the phased -in addition of specific entities or sectors ; and 
 
(d) a threshold that is higher than its permanent threshold.  
 
4. In negotiations on accession to this Agreement, the Parties may agree to the delay of the 
application of any specific obligation in this Agreement, other than Article IV:1(b), by an acceding 
developing country while that country completes its implementation o f 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, but not t o exceed three years . 
 
5. Any developing country that has  negotiated an implementation  period for an obligation under 
paragraph  4 shall list in its Annex 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.  
 
6. After this Agreement has entered into force for a developing country, the Committee, 
on request of the developing country, may:  
 
(a) extend the trans ition period for a measure adopted or maintained under paragraph  3 or 
any implementation period negotiated under 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.  
 
7. A developing country  that has adopted or maintained  a transitional measure  under  
paragraph  3 or 6, an implementation period  under  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 that it is in compliance with this Agreement at the end of any such period . The developing 
country sha ll promptly notify the Committee of such steps.  
 
8. The Parties shall give due consideration to any request by a developing country for technical 
cooperation and capacity building in relation to that country's accession to, or implementation of, 
this Agree ment.  GPA/TN1994/3/Rev.19  
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  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. 
 
10. The Committee shall review the operation and effectiveness of this Article every five  years.  
 
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 a ccessible to the public ; 
and 
 
(b) provide an explanation thereof to any Party, on request.  
 
2. Each Party shall list:  
 
(a) in Appendix II, the electronic or paper media in which the Party publishes the 
information  described in  paragraph  1; 
 
(b) in Appendix  III, the electronic or paper media in which the Party publishes the notices 
required by Articles VII, IX:7 and XVI:2 ; and 
 
(c) in Appendix IV, the website address or addresses where the Party publishes:  
 
(i) its procurement statistics pursuant to Article XVI:5, as a substitute for the 
submission of the data required under Article XVI:4;  
 
(ii) its notices concerning awarded contracts pursuant to Article XVI:6, as a substitute 
for the report required under Article XVI:4.  
 
3. Each Party shall promptly notify the Committee of any modification to the Party's information 
listed in Appendix II, III or IV.  
 
Article  VII Notices  
Notice of Intended Procurement  
 
1. For each covered procurement, 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, for at least any minimum period of time specified in Appendix III, through a 
single point of access ; 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.  
 
2. Except as otherwise provided in this Agreement, each notice of intended procurement shall 
include:  
 GPA/TN1994/3/Rev.19  
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  (a) the name and address of the procuring entity and other information necessary to contact 
the procuring entity and obtain all relevant documents relating to the procurement, and 
their cost and terms of payment, if any;  
 
(b) a description of the procurement, in cluding the nature and the quantity of the goods or 
services to be procured or, where the quantity is not known, the estimated quantity;  
 
(c) for recurring contracts, if possible, an estimate of the timing of subsequent notices of 
intended procurement;  
 
(d) a description of any options;  
 
(e) the time -frame for delivery of goods or services or the duration of the contract;  
 
(f) the procurement method that will be used and whether it will involve negotiation or 
electronic auction;  
 
(g) where applicable, the address and any final date for the submission of requests for 
participation in the procurement;  
 
(h) the address and the final date for the submission of tenders;  
 
(i) the language or languages in which tenders or requests for participation  [must] [may]  
be submitted, if other than an official language of the Party of the procuring entity;  
 
(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;  
 
(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.  
 
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 in tended procurement, in 
one of the WTO languages . The summary notice shall contain at least the following information:  
 
(a) the subject -matter of the procurement;  
 
(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 
 
(c) the address from which documents relating to the procurement may be requested.  
 
Notice of Planned Procurement  
 
4. Procuring entities are encourag ed 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 
planne d procurement should include the subject -matter of the procurement and the planned date of 
the publication of the notice of intended procurement.  
 GPA/TN1994/3/Rev.19  
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  5. A procuring entity covered  under  Annex  2 or 3 may use a notice of planned procurement as a 
notice of inten ded procurement provided that  the notice of planned procurement includes as much 
of the information referred to in paragraph  2 as is available and a statement that interested suppliers 
should express their interest in the procurement to the procuring entity. 
 
Article  VIII Conditions for Participation  
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a supplier has the legal  and financial capacities and the  commercial and 
technical abilities to undertake the relevant procurement.  
 
2. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial  capacity and  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;  
 
(b) shall base its evaluation on the conditions that the procuring entity has  specified in 
advance in notices or tender documentation;  
 
(c) 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 Par ty; and 
 
(d) may require relevant prior experience where essential to meet the requirements of the 
procurement.  
 
3. Where there is supporting evidence, a Party, including its procuring entities, may exclude a 
supplier on grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) significant or persistent deficiencies in performance of any substantive requirement or 
obligation under a prior contract or contracts;  
 
(d) final judgments in respect of serious crimes or other serious offences;  
 
(e) professio nal misconduct or acts or omissions that adversely reflect upon the commercial 
integrity of the supplier ; or 
 
(f) failure to pay taxes.  
 
Article IX  Qualification of Suppliers  
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintain a supplier registration system under 
which interested suppliers are required to register and provide certain information.  
 
2. Each Party shall ensure that:  
 
(a) its procuring entities make efforts to minimize differences in their qualification 
procedures ; and 
 
(b) where its procuring entities maintain registration systems, the entities make efforts to 
minimize differences in their registration systems.  
 GPA/TN1994/3/Rev.19  
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  3. A Party, including its procuring entities, sha ll 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.  
 
Selective Tendering  
 
4. Where a procuring enti ty 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).  
 
5. A procuring entity shall recognize as a qualified supplier any domestic supplier and any 
supplier of another Party that meets the conditions for participation in a particular procurement, 
unless the procuring entity states in the notice  of intended procurement any limitation on th e number 
of suppliers that will be permitted to tender and the criteria for selecting the limited number of 
suppliers.  
 
6. Where the tender documentation is not made publicly available from the date of publication 
of the notice referred to in paragraph  4, a 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. 
 
Multi-Use Lists  
 
7. A procuring entity may maintain a multi -use list of suppliers, provided th at a notice inviting 
interested suppliers to apply for inclusion on the list is:  
 
(a) published annually ; and 
 
(b) where published by electronic means, made available continuously,  
 
in the appropriate medium listed in Appendix  III. 
 
8. The notice provided for in paragraph 7 shall include:  
 
(a) a description of the goods or services, or categories thereof, for which the list may be 
used;  
 
(b) the conditions for participation to be satisfied by suppliers and the methods that the 
procuring entity will use to verify a supplier's satisfaction of the conditions;  
 
(c) the name and address of the procuring entity and other information necessary to contact 
the entity and obtain all relevant documents relating to the list;  
 
(d) the 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 
 
(e) an indication that the list may be used for procurement cov ered by this Agreement.  
 
9. Notwithstanding paragraph  7, where a multi -use list will be valid for three years or less, a 
procuring entity may publish the notice referred to in paragraph  7 only once, at the beginning of the 
period of validity of the list, p rovided that the notice:  GPA/TN1994/3/Rev.19  
- 14 - 
  (a) states the period of validity and that further notices will not be published ; and 
 
(b) is published by electronic means and is made available continuously during the period 
of its validity.  
 
10. A procuring entity shall allow s uppliers 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.  
 
11. Where a supplier that is not included on a multi -use list submits a request for participation in 
a procuremen t based on a multi -use list and all required documents relating thereto, within the 
time-period provided for in Article XI:2, a procuring entity shall examine the request . 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 reque st 
within the time -period allowed for the submission of tenders.  
 
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:  
 
(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 n otice 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 to the entity 
in a given procurement, sufficient information to permit them to assess their interest in 
the procurement, including all remaining information required in Article  VII:2, to the 
extent such information is available . 
 
13. A supplier having applied for inclusion o n a multi -use list in accordance with paragraph  10 
may be allowed to tender in a given procurement, where there is sufficient time for the procuring 
entity to examine whether it satisfies the conditions for participation.  
 
Information on Procuring Entity D ecisions  
 
14. A procuring entity shall promptly inform any supplier that submits a request for participation 
or application for inclusion on a multi -use list of the procuring entity's decision with respect to the 
request.  
 
15. Where a procuring entity reje cts a supplier's request for participation or application for 
inclusion on a multi -use list, ceases to recognize a supplier as qualified, or removes a supplier from 
a multi -use list, the entity shall promptly inform the supplier and, on request of the supp lier, 
promptly provide the supplier with a written explanation of the reasons for its decision.  
 
Article  X Technical Specifications and Tender Documentation  
Technical Specifications  
 
1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe 
any conformity assessment procedure with the purpose or the effect of creating unnecessary 
obstacles to international trade.  
 
2. In prescribing the technical specifications for the goods or services being procured, a pr ocuring 
entity shall, where appropriate:  
 
(a) set out  the technical specification in terms of performance and functional requirements, 
rather than design or descriptive characteristics ; and GPA/TN1994/3/Rev.19  
- 15 - 
  (b) base the technical specification on international standards, where such exist ; otherwise, 
on national technical reg ulations, recognized national standards or building codes.  
 
3. Where design or descriptive characteristics are used in the technical specifications, a procuring 
entity should indicate, where appropriate, that it will consider tenders of equivalent goods or  services 
that demonstrably fulfil the requirements of the procurement by including words such as "or 
equivalent" in the tender documentation.  
 
4. A procuring entity shall not prescribe technical specifications that require or refer to a 
particular tradema rk 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 wor ds such as "or equivalent" in 
the tender documentation.  
 
5. A procuring entity shall not seek or accept, in a manner that would have the effect of 
precluding competition, advice that may be used in the preparation or adoption of any technical 
specification  for a specific procurement from a person 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 t o promote the conservation of natural 
resources or protect the environment.  
 
Tender Documentation  
 
7. A procuring entity shall provide to suppliers tender documentation that includes all information 
necessary to permit suppliers to prepare and submit respo nsive tenders . Unless already provided in 
the notice of intended procurement, such documentation shall include a complete description of:  
 
(a) the procurement, including the nature and the quantity of the goods or services to be 
procured or, where the quan tity is not known, the estimated quantity and any 
requirements to be fulfilled, including any technical specifications, conformity 
assessment certification, plans, drawings or instructional materials;  
 
(b) any conditions for participation of suppliers, including a list of information and 
documents that suppliers are required to submit in connection therewith;  
 
(c) all evaluation criteria to be considered in the awarding of the contract, and, except 
where price is the sole criterion, the relati ve importance of such criteria;  
 
(d) where the procuring entity will conduct the procurement by electronic means, any 
authentication and encryption requirements or other requirements related to the receipt 
of information by electronic means;  
 
(e) where the  procuring  entity will hold an electronic auction, the rules, including 
identification of the elements of the tender related to the evaluation criteria, on which 
the auction will be conducted;  
 
(f) where there will be a public opening of tenders, the date,  time and place for the opening 
and, where appropriate, the persons authorized to be present;  
 
(g) any other terms or conditions, including terms of payment and any limitation on the 
means by which tenders may be submitted, e.g., paper or electronic means ; and 
 
(h) any dates for the delivery of goods or the supply of services.  
 
8. In establishing any delivery date for the goods or services being procured, a procuring entity 
shall take into account such factors as the complexity of the procurement, the exten t 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.  [N.B. : Should de -stocking be changed GPA/TN1994/3/Rev.19  
- 16 - 
  to re -stocking?]  
 
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 avai lable 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.  
 
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 participating 
suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all 
such modifications or amended or re -issued noti ce or tender documentation:  
 
(a) to all suppliers that are participating at the time the information is amended, if known, 
and in all other cases, in the same manner as the original information ; and 
 
(b) in adequate time to allow such suppliers to modify a nd re-submit amended tenders, as 
appropriate.  
 
Article  XI Time -Periods  
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 ten ders, taking into 
account such factors as:  
 
(a) the nature and complexity of the procurement;  
 
(b) the extent of subcontracting anticipated ; and 
 
(c) the time for transmitting tenders from foreign as well as domestic points where 
electronic means are not used.  
 
Such time -periods, including any extension of the time -periods, shall be the same for all interested 
or participating suppliers.  
 
Deadlines  
 
2. A procuring entity that uses selective tendering shall establish that the final date for the 
submissi on of requests for participation shall not, in principle, be less than 25  days from the date of 
publication of the notice of intended procurement . Where a state of urgency duly substantiated by 
the procuring entity renders this time -period impracticable, t he time -period may be reduced to not 
less than 10  days.  
 
3. Except as provided for in paragraphs  4 and 5, a procuring entity shall establish that the final 
date for the submission of tenders shall not be less than 40  days from the date on which:  
 GPA/TN1994/3/Rev.19  
- 17 - 
  (a) in the case of open tendering, the notice of intended procurement is published ; or 
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi -use list.  
 
4. A procuring entit y may reduce the time -period for tendering set out in paragraph  3 to not less 
than 10  days where:  
 
(a) the procuring entity 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;  
 
(b) the procuring entity, for procurements of a recurring nature, indicates in an initial notice 
of intended procurement that subsequent notices will provide time periods for tendering 
based on this paragraph ; or 
 
(c) a state of urgency duly substantiated by the procuring entity renders such time -period 
impracticable.  
 
5. A procuring entity may reduce the time -period for tendering set out in paragraph  3 by 
five days for each one of the fo llowing 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 te nders can be received by electronic means by the procuring entity.  
 
6. The use of paragraph  5, in conjunction with paragraph  4, shall in no case result in the 
reduction of the time -period for tendering set out in paragraph 3 to less than 10  days from the date 
on which the notice of intended procurement is published.  
 
7. Notwithstanding any other time -period in this Article, where a procuring entity purchases 
commercial goods or services,  or any combination thereof,  it may reduce the time -period for 
tendering set out in paragraph  3 to not less than 13 days, provided that it publishes by electronic 
means, at the same time, both the notice of intended procurement and the tender documentation . 
Where the entity also accepts tenders for commercial goods or services by electronic means, it may 
reduce the time period set out in paragraph  3 to not less than 10 days.  
 
8. Where a procuring entity covered under  Annex  2 or 3 has selected all or a limited number of 
qualified suppliers, the time -period for tendering ma y 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.  
 GPA/TN1994/3/Rev.19  
- 18 - 
  Article  XII Negotiation  
1. A Party may provide for its procuring entities to conduct negotiatio ns: 
 
(a) in the context of procurements in which they have indicated such intent in the notice of 
intended procurement required under Article  VII:2; 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.  
 
2. A procuring entity shall:  
 
(a) ensure that any elimination of suppliers participating in negotiations is carried out in 
accordance with the evaluati on criteria set out in the notice of intended procurement or 
tender documentation ; and 
 
(b) where negotiations are concluded, provide a common deadline for the remaining 
participating suppliers to submit any new or revised tenders.  
 
Article  XIII Limited Tendering  
1. Provided that it does not use this provision for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers of any other Part y or protects domestic 
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 the following 
circumstances:  
 
(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;  
 
(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;  
 
(c) for additional deliveries by the original supplier of goods or services t hat 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 
 GPA/TN1994/3/Rev.19  
- 19 - 
  (ii) would cause significant inconvenience or substantial duplication of costs for the 
procuring entity;  
 
(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;  
 
(e) for goods purchased on a commodity market;  
 
(f) where a procuring entity pr ocures 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 pro duction 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 estab lish 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 ; [and] 
[or] 
 
(h) where a contract is awarded to a winner of a design contest provided that:  
 
(i) the contest has been organized in a manner that is consistent with the principles 
of this Agreement, in particular relating to the publication of a notice of intended 
procurement ; and 
 
(ii) the participants are judged by an independent jury with a view to a design 
contract being awarded to a winner.  
 
2. A procuring entity shall prepare a report in writing on each contract awarded under 
paragraph  1. Each such report shall include the name of the procuring entity, the value and kind of 
goods or services procured and a statement indicating the circumstances and conditions described 
in parag raph 1 that justified the use of limited tendering.  
 
Article  XIV Electronic Auctions  
Where a procuring entity intends to conduct a covered procurement using an electronic auction, the 
entity shall provide each participant, before commencing the electronic auction, with:  
 
(a) the automatic evaluation method, including the mathematical formula, that is based on 
the evaluation criteria set out in the tender documentation and that will be used in the 
automatic ranking or re -ranking during the auction ; 
 
(b) the results of any initial evaluation of the elements of its tender where the contract is 
to be awarded on the basis of the most advantageous tender ; and 
 
(c) any other relevant information relating to the conduct of the auction.  
 
Article  XV Treatme nt of Tenders and Awarding of Contract s 
Treatment 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.  
 
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.  GPA/TN1994/3/Rev.19  
- 20 - 
  3. When a procuring entity provides suppliers with opp ortunities to correct unintentional errors 
of form between the opening of tenders and the awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating suppliers.  
 
Awarding of Contracts  
 
4. To be considered for an award, a tender shall be 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.  
 
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 sole ly on the evaluation criteria specified in the 
notices and tender documentation, has submitted : [N.B.: Parties are still considering these 
changes.]  
 
(a) the most advantageous tender ; or 
 
(b) where price is the sole criterion, the lowest price.  
 
6. Where a  procuring entity receives a tender with a price that is abnormally lower than the 
prices in other tenders submitted, it may verify with the supplier that it satisf ies the conditions for 
participation and is capable of fulfilling the terms of the contract.  
 
7. A procuring entity shall not use option clauses, cancel a procurement or modify awarded 
contracts in a manner that circumvents the obligations under this Agreement.  
 
Article  XVI Transparency of Procurement Information  
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform participating suppliers of the entity's contract award 
decisions and, on request, shall do so in writing . Subject to paragraphs 2 and 3 of Article  XVII, a 
procuring entity shall, on request, provide an unsucces sful 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.  
 
Publication of Award Information  
 
2. Not later than 72  days after the award of each contract covered by this Agreement, a procuring 
entity shall publish a notice in the appropriate paper or electronic medium listed in Appendix  III. 
Where only an electronic medium is used, the information shall remain readily accessible for a 
reasonable period of t ime. The notice shall include at least the following information:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successfu l tender or the highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award ; and 
 
(f) the type of procurement method used, and in cases where limited tendering was used  
in accordance with  Article  XIII, a description of the circumstances justifying the use of 
limited tendering.  
 GPA/TN1994/3/Rev.19  
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  Maintenance of Documentation, Reports and Electronic Traceability  
 
3. Each procuring entity shall, for a period of at least three  years from the award of the contra ct 
maintain:  
 
(a) 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.  
 
Collection and Report ing 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:  
 
(a) for Annex  1 procuring entities:  
 
(i) the number and total value, for all such entities, of contracts covered by this 
Agreement;  
 
(ii) the number and total value of all contracts covered by thi s Agreement awarded 
by such entities, broken down by categories of goods and services according to 
an internationally recognized uniform classification system ; and 
 
(iii) the number and total value of contracts covered by this Agreement awarded by 
each suc h entity under limited tendering;  
 
(b) for Annex  2 and 3 procuring entities, the number and total value of contracts covered 
by this Agreement awarded by all such entities, broken down by Annex ; and 
 
(c) estimates for the information required under subpara graphs (a) and (b), with an 
explanation of the methodology used to develop the estimates, where it is not feasible 
to provide the data.  
 
5. Where a Party publishes its statistics on an official website, the Party may substitute a 
notification  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, in accordance with the 
requirements of paragraph 4 . 
 
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  
 
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 characteristics and relative advantages of the successful 
tender. In cases where release of the information would prejudice competition in future tenders, the 
Party that receives that information shall not disclose it to any supplier, except after consultation 
with, and agreement of, the Party that provided the infor mation.  
 GPA/TN1994/3/Rev.19  
- 22 - 
  Non-Disclosure of Information  
 
2. Notwithstanding any other provision of this Agreement, a Party, including its procuring 
entities, shall not provide to a ny particular supplier information that might prejudice fair competition 
between suppliers.  
 
3. Nothing in this Agreement 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 competi tion between suppliers;  
 
(c) would prejudice the legitimate commercial interests of particular persons, including the 
protection of intellectual property ; or 
 
(d) would otherwise be contrary to the public interest.  
 
Article  XVIII  Domestic Review Procedures  
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 ri ght 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,  
 
arising in the context of a covered procurement, in which the supplier has, or has had, an inte rest. 
The procedural rules for all  challenges shall be in writing and made generally available.  
 
2. In the event of a complaint  by a supplier, arising in the context of covered procurement in 
which the supplier has, or has had, an interest, that there has been a breach  or a failure as set out 
in paragraph  1, the Party concerned shall encourage its procuring entity and the supplier to seek 
resolution of the complaint through consultations . The procuring entity shall accord impartial and 
timely consideration to any such complaint in a manner that is not prejudicial to the supplier's 
participation in ongoing or future procurement or right to seek corrective measures under the 
administrative or judicial review procedure.  
 
3. Each supplier shall be allowed a suff icient period of time to prepare and submit a challenge,  
which in no case shall be less than 10  days from the time when the basis of the challenge became 
known or reasonably should have become known to the supplier.  
 
4. Each Party shall establish or design ate 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.  
 
5. Where a body other than an authority referred  to in paragraph  4 initially reviews a challenge, 
the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative 
or judicial authority that is independent of the procuring entity whose procurement is the subject of 
the challenge.  
 
6. A review body that is not a court shall either be subject to judicial review or have procedures 
that provide that:  
 
(a) the procuring entity shall respond in writing to the challenge  and disclose all relevant 
documents to the review body;  
 GPA/TN1994/3/Rev.19  
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  (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;  
 
(c) the participants shall have the right to be represen ted and accompanied;  
 
(d) the participants shall have access to all proceedings;  
 
(e) the participants shall have the right to request that the proceedings take place in public 
and that witnesses may be presented ; and 
 
(f) decisions or recommendations rela ting to challenges by suppliers shall be provided, in 
a timely fashion, in writing, with an explanation of the basis for each decision or 
recommendation.  
 
7. Each Party shall adopt or maintain procedures that provide for:  
 
(a) rapid interim measures to preserve the 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, inclu ding 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 
 
(b) where a review body has determined that there has been a breach or a failure as set 
out 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.  
 
Article  XIX Modifications and Rectification s 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 (referred to generally in this Article 
as "modification") of its annexes to Appendix I.  The Pa rty 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 o r 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.  
 
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.  
 
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 
 GPA/TN1994/3/Rev.19  
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  (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 thi s 
Agreement.  
 
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 no tify the Committee in accordance with paragraph  1, and 
any such revised modification shall only be effective after fulfilling the requirements of this Article.  
 
Implementation of Modifications  
 
5. A proposed modification shall become effective only where:  
 
(a) no Party submits to the Committee a 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 t hat 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 
of its intent ion to implement the modification.  
 
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 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). [N.B. : Parties are considering a reference to Article IV:2 .] 
 
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 c irculation of the notification of the proposed modification.  
 
(a) Where no Party has invoked the arbitration procedures within the time -period:  
 
(i) notwithstanding paragraph 5(c), the proposed modification shall become effective 
where 130 days from the date of circulation of the notification of the proposed 
modification under paragraph 1 have elapsed, and the modifying Party has 
informed the Committee of its intention to implement the modification ; and 
 
(ii) no objecting Party may withdraw coverage pursu ant to paragraph 6.  
 
(b) Where a modifying Party or objecting Party has invoked the arbitration procedures:  
 
(i) notwithstanding paragraph 5(c), the proposed modification shall not become 
effective before the completion of the arbitration procedures;  
 
(ii) any objecting Party that intends to enforce a right to compensation, or to 
withdraw substantially equivalent coverage pursuant to paragraph 6, shall 
participate in the arbitration proceedings;  
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  (iii) a modifying Party should comply with the results of the  arbitratio n 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) arbitratio n 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 determin ing 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  
1. Each Party shall accord sympathetic consid eration to and shall afford adequate opportunity 
for consultation regarding such representations as may be made by another Party with respect to 
any matter affecting the operation of this Agreement.  
 
2. Where any Party considers that any benefit accruing t o 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").  
 
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 obligations under this Agreement, and any dispute arising 
under this Agreement shall not result in the suspension of concessions or other obligations under 
any other Agreement listed in A ppendix  1 of the Dispute Settlement Understanding . 
 
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 o wn 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 o ther responsibilities as may be assigned to it by the Parties.  
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  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.  
 
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 WTO 
Agreement , and of developments relating to the implementation and operation of this 
Agreeme nt. 
 
Observers  
 
4. Any WTO Member that is not a Party to this Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a written notice to the 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 XXII  Final Provisions  
[N.B. : The Parties are still considering Article XXII  and the Draft Decision on Arrangement 
for the period of co -existence of the 1994 Agreement on Government Procurement and 
the [2007] Agreement on Government Procurement .] 
 
 
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