RESTRICTED  
  
GPA/TN1994/4/Rev.8  
 
27 February 2006  
(24-3134) Page: 1/84 
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   
 
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 10 FEBRUARY 2006*,** 
NOTE  BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 10 February  2006 (as reflected in Job  No. 1058 of 
15 February  2006) and the corresponding provisions of the 1994 Agreement currently in force.  
 
For information, at the end of this paper a second table lists the numbering of the provisions of the 
1994 Agreement in their sequence and the numbering of the corresponding provisions in the revised 
draft text.  
 
The two  tables in this document do not reproduce or reference the following parts of the revised 
draft text of the Agreement, added at the informal meetings in the week of 30  May 2005 and further 
discussed at the informal meetings in the week of 18  July 2005: 
 
− the proposal by the United States as to the suggested structure and content of  the 
Annexes to Appendix  I; and 
 
− two suggested decisions by the Committee pursuant to Article XVII of the draft 
revised text of the Agreement [ Modifications and Rectifications to Coverage].  
 
_______________  
 
 
* English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs1 93) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.8  
 
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Preamble  
Article  I  Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV Publication of Procurement 
Information  
Article  V Publication of Notices  
Article  VI Time-Periods  
Article  VII Information on Intended 
Procurements  
Article  VIII Conditions for Participation  
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
[Article  XII Use of Electronic 
[Auctions ]US,KOR,JPN,NOR,HKC 
[Means ]EC]EC,NOR,KOR,US 
Article  XIII Transparency of Procurement 
Information  
Article  XIV Disclosure of Information  
Article  XV Developing Countries  
Article  XVI Exceptions to the Agreement  
Article  XVII Modifications and Rectifications to 
Coverage  
Article  XVIII Domestic Review Procedures for 
Supplier Challenges  
Article  XIX Consultations and Dispute 
Settlement  
Article  XX Institutions  
Article  XXI 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 Trans parency  
Article  XVIII Information and Review as Regards 
Obligations of Entities  
Article  XIX Information and Review as Regards 
Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute 
Settlement  
Article  XXIII Exceptions to the Agreement  
Article XXIV  Final Provisions  
Notes  
 
Preamble  
  
 Parties to this Agreement (hereinafter 
referred to as "Parties"),  
  Parties to this Agreement  (hereinafter 
referred to as "Parties"),  
 
 Recognizing  the need for an 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 
framewor k for the conduct of world trade;  
 
 Recognizing  that measures regarding 
government procurement should not be prepared, 
adopted or applied so as to afford protection to 
domestic suppliers, goods or services or discriminate 
among foreign suppliers, goods or  services;  
  Recognizing  that laws, regulations, 
procedures and practices regarding government 
procurement should not be prepared, adopted or 
applied to foreign or domestic products and services 
and to foreign or domestic suppliers so as to afford 
protecti on to domestic products or services or 
domestic suppliers and should not discriminate 
among foreign products or services or among foreign 
suppliers;  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 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 establish 
international procedures on notification, consultation, 
surveillance and d ispute settlement with a view to 
ensuring a fair, prompt and effective enforcement of 
the international provisions on government 
procurement and to maintain the balance of rights 
and obligations at the highest possible level;  
 
 [Recognizing  the need to ta ke into account 
the development, financial and trade needs of 
developing countries, in particular the least -
developed countries;]* [NB: To be revised in light 
of revision of relevant provisions related to 
developing countries.]  
  Recognizing  the need to t ake into account 
the development, financial and trade needs of 
developing countries, in particular the least -
developed countries;  
 
 Recognizing the desirability of transparent 
measures regarding government procurement and 
the importance of carrying out pr ocurements in a 
transparent and impartial manner, and avoiding 
conflicts of interest and corrupt practices, in 
accordance with relevant international instruments[, 
where applicable]HKC[, such as the United Nations 
Convention Against Corruption]EC,US,SWI,NOR,KOR,HKC; 
  Recognizing  that it is desirable to provide 
transparency of laws, regulations, procedures and 
practices regarding government procurement;  
 [Recognizing  the need for procuring entities 
to be able to exclude a supplier convicted of 
misconduct on specific grounds;]EC,NOR,SWI 
  
 Recognizing the importance of using, and 
encouraging the use of, electronic means for 
procurement covered by this Agreement;  
  
  Desiring , in accordance with paragraph 6(b) 
of Article  IX of the Agreement on Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
 
 Desiring  to encourage acceptance of and 
accession to this Agreement  by WTO Members not 
party to it;  
  Desiring  to encourage acceptance of and 
accession to this Agreement by governments not 
party to it;  
 
 Having undertaken  further negotiations in 
pursuance of these objectives;  
  Having  undertaken  further negotiations in 
pursuance of these objectives;  
 
 Hereby agree  as follows:  
  Hereby agree  as follows:  
 
 
* Unattributed brackets [ ] indicates language that Part ies are still considering.  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  I 
Definitions  
  
For purposes of th e Agreement:  
  
(a) [build -operate -transfer contract  
and public works concession 
contract mean  any contractual 
arrangement the primary purpose 
of which is to provide for the 
construction or rehabilitation of 
physical infrastructure, plant, 
buildings, facilities or other 
govern ment-owned works and 
under which, as consideration for a 
supplier's execution of a contractual 
arrangement, a procuring entity 
grants to the supplier, for a 
specified period of time, temporary 
ownership or a right to control and 
operate, and demand payment  for 
the use of such works for the 
duration of the contract;]US 
[Market Access Issue ] 
  
(b) commercial goods and services  
mean goods and services [with 
[essentially]HKC [the 
same]EC,NOR,SWI,ISR,HKC characteristics 
[similar to]US,CDA,JPN 
[as]EC,NOR,SWI,ISR ,HKC those of goods 
and services] that are sold or 
offered for sale in the commercial 
marketplace to, and customarily 
purchased by, non -governmental 
buyers for non -governmental 
purposes[;  it includes goods and 
services with modifications 
customary in the c ommercial 
marketplace]EC; 
  
(c) construction services contract  
means a contract that has as its 
objective the realization by 
whatever means of civil or building 
works, based on Division  51 of the 
Provisional U.N. Central Product 
Classification (CPC);  
 Appendix I, Annex 5  
 A construction services contract is a contrac t 
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 or countries  include any 
separate customs territory that is a 
Party to the Agreement.  In the case 
of a separate customs territory that 
is a Party to the Agreement, where 
an expression in the Agreement is 
qualified by the term "national", 
such expression shall be read as 
pertaining to that customs territory, 
unless otherwise specified;  
 Notes  
 The terms "country" or "countries" as used 
in this Agreement, including the 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;   GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) electronic auction  means an 
iterative process involving the use 
of electronic means for the 
presentation of either or both new 
prices or new values [for]EC,SWI,NOR 
[based on]US,HKC,CDA non-price 
[evaluation criteria]HKC,US,CDA 
[elements of the tenders]EC,SWI,NOR, 
resulting in an automatic ranking 
[or re -ranking]US,EC,SWI,NOR of tenders 
[through an automatic evaluation 
method or application of a 
mathematical formula]EC,SWI,NOR,US;  
(g) [electronic means  means  using 
electronic equipment for the 
electronic processing (including 
digital compression) and storage of 
data that is transmitted, conveyed 
and received by Internet, by wire, 
by radio, by optical means or by 
other electromagnetic means;]EC,NOR 
  
(h) in wr iting or written  means any 
worded or numbered expression 
that can be read, reproduced and 
later communicated.  It may include 
electronically transmitted and stored 
information;  
  
(i) limited tendering  means a 
procurement method where the 
procuring entity contacts a supplier 
or suppliers of its choice, only under 
the circumstances specified in 
Article  X; 
 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. 
 
(j) measure  means any law, 
regulation, procedure, 
administrative guidance or practice, 
or any action of a procuring entity 
relating to a  covered procurement ; 
  
(k) 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;  
  
(l) notice of intended procurement  
means a notice published by a 
procuring entity in accordance with 
Article  V inviting interested 
suppliers to submit tenders;  
  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(m) offsets  in government procurement 
means any conditions or 
undertakings that encourage local 
development  or improve a Party's 
balance -of-payments accounts, 
such as the use of domestic content, 
the licensing of technology, 
investment, counter -trade and 
similar actions;  
 Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
improve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 
(n) open tendering  means a 
procurement method where all 
interested suppliers ma y 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.  
 
(o) person  means a natural person or a 
juridical person;  
  
(p) procuring entity  means an entity 
covered under Annexes  1, 2 and 3 
of Appendix  I of each Party;  
  
(q) 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 f or 
participation in a particular intended 
procurement. ...  
 
(r) selective tendering  means a 
procurement method where only 
suppliers satisfying the conditions 
for participation are invited by the 
procuring entity to submit a tender;  
 Article VII  
3. For the purposes of this Agreement:  
 
... 
 
 (b) Selective tendering procedures are 
those 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.  
 
(s) services  includes construction 
services, unless otherwise spec ified; 
  
(t) standard  means a document 
approved by a recognized body, that 
provides, for common and repeated 
use, rules, guidelines or 
characteristics for products or 
services or related processes and 
production methods, with which 
compliance is not manda tory. It may 
also include or deal exclusively with 
terminology, symbols, packaging, 
marking or labelling requirements as 
they apply to a product, service, 
process or production method;  
 Footnote  
4. For the purpose of this Agreement, a 
standard is a document approved by a recognized 
body, that provides, for common and repeated use, 
rules, guidelines or characteristics for products or 
services or related processes and production 
methods, with which compliance is not mandatory.  It 
may also include or de al exclusively with terminology, 
symbols, packaging, marking or labelling 
requirements as they apply to a product, service, 
process or production method.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(u) supplier  means a person or group 
of persons that provides or could 
provide goods or services;  
  
(v) 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 a s 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 n ot 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. [Subject to Article  XVI, t]CDA [T]his 
Agreement applies to any measure regarding covered 
procurement[, whether or not it is conducted 
exclusively or partially by electronic 
means] .EC,US,SWI,NOR,ISR,KOR,JPN 
 1. This Agreement applies to any law, 
regulation, procedure o r practice regarding any 
procurement by entities covered by this Agreement, 
as specified in Appendix I.  
 
Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in particular 
aim to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly identified and that al l 
available information relating to a particular contract 
can be identified.  When a Party intends to innovate, 
it shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
 
2. For the purposes of the Agree ment, covered 
procurement means procurement for  governmental 
purposes:  
 
(a) of goods, services, or any 
combination thereof:  
 
(i) as specified in Appendix  I; 
and 
 
(ii) not procured with a view to 
commercial sale or resale, Article  I 
1. This Agreement applies to any law, 
regulation, procedure or practice regarding any 
procurement by entities covere d by this Agreement, 
as specified in Appendix I.  
 
2. This Agreement applies to procurement by 
any contractual means, including through such 
methods as purchase or as lease, rental or hire 
purchase, with or without an option to buy, including 
any combinatio n of products and services.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
or for use in the production 
or supply of goods or 
services for commercial 
sale or resale ; 
 
(b) by any contractual means, including 
purchase;  lease;  rental or hire 
purchase, with or without an option 
to buy [and build -operate -transfer 
contracts and public works 
concession contracts]US; 
[Bracketed Language – Market 
Access Issue ] 
 
(c) for which the value, as estimated in 
accordance with paragraph  9, 
equals or exceeds the relevant 
threshold specified in 
[Appendix  I/paragraph  4], at the 
time of publication of a notice in 
accordance with Article  V; 
 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the time 
of publication of the notice in accordance with Article 
IX. 
 
(d) by a procuring entity[;  and 
 
(e) that is not excluded from coverage 
by the 
Agreement] .US,EC,JPN,NOR,SWI,ISR,HKC,KOR 
 Article I  
1. This Agreement applies to any law, 
regulation, procedure or practice regarding any 
procurement by entities covered by this Agreement, 
as specified in Appendix I.  
[3. Regardless of whether a Party classifies 
software as a good or a service, paragraph  2(a) 
includes software [that is delivered on a carrier 
medium or that is delivered, accessed, or used by 
electronic means]US,CDA, unless a Party explicitly 
excludes software from its [services]JPN 
coverage.]US,CDA,JPN,SWI 
  
[4. Without prejudice to Article  [Exceptions ], 
the Agreement applies to any procurement:  
 
(a) of central government entities 
where the value is estimated to 
equal or exceed:  
- SDR 130,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts for 
construction services;  
 
(b) of sub -central government entities 
where the value is estimated to 
equal or exceed:  
- SDR 200,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts for 
construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is 
estimated to equal or exceed:  
- SDR 400,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts for 
construction services.]EC,NOR Article I  
4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the time 
of publication of the notice in accordance with Article 
IX. 
 
Footnote  
1. ... Relevant thresholds are specified in each 
Party's Annexes.  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Market Access Issue ] 
 
[5. The Agreement does not apply to:]US,CDA,JPN 
 
[(a) acquisition or rental of land, 
existing buildings, or other 
immovable property or the rights 
thereon;  
 
(b) acquisition of fiscal agency or 
depository services, liquidation and 
management services for regulated  
financial institutions, and sale and 
distribution services for 
government debt;  
 
(c) non-contractual agreements or any 
form of assistance that a Party 
provides, including cooperative 
agreements, grants, loans, equity 
infusions, guarantees, and fiscal 
incentives;  
 
(d) purchases funded by international 
grants, loans or other assistance, 
where the provision of such 
assistance is subject to conditions 
inconsistent with this Agreement;  
 
(e) procurement for the direct purpose 
of providing foreign assistance;  
 
(f) procurement of any good or service 
component of a contract where 
either the entity conducting the 
procurement or the procurement 
itself is not covered by th e 
Agreement;  and 
 
 (g) employment of government 
employees.]US [Market Access Issue ] 
  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. For each Party, Appendix  I shall be divided 
into [six/seven]  Annexes:  
 
(a) Annex  1 specifies the central 
government entities whose 
procurement is covered by th e 
Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose 
procurement is covered by th e 
Agreement;  
 
(c) Annex  3 specifies all other entities 
whose procurement is covered by 
the Agreement;  
 
[(d) Annex  4 specifies the goods 
covered by th e 
Agreement;]US,CDA,JPN,SWI 
 
(e) Annex  [4/5] specifies the services 
covered by th e Agreement;  
 
(f) Annex [5/6] specifies the 
construction services covered by 
the Agreement;  and 
 
(g) Annex  [6/7] sets out the General 
Notes applicable to the Annexes.  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.  
 
 ... 
 
Compliance   
7. Each Party shall [take such reasonable 
measures as may be available to it to]CDA ensure that 
the procuring entities listed in its Appendix  I comply 
with the provisions of [Articles  VII to X of]CDA the 
Agreement in conducting covered procurement.   [NB: 
The United States questions whether this 
paragraph could be deleted.]  
 Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
8. Where a procuring entity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procure in accordance with particular 
requirements, Article  III shall apply mutatis  mutandis  
to such requirements.  
 Article  I 
3. Where entities, in the context of 
procurement covered under this Agreement, require 
enterprises not included in Appendix I to award 
contracts in accordance with particular requirements, 
Article  III shall apply mutatis mutandis to such 
requirements.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Valua tion Article  II 
Valuation of Contracts  
 
9. 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 contrac ts2 for purposes of 
implementing this Agreement.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the time 
of publication of the notice in accordance with Article 
IX. 
 
(a) neither divide a procurement into 
separate procurements nor select 
or use a particular valuation method 
for estimating the value of a 
procurement with the intention of 
totally or partially excluding it from 
the application of th e Agreemen t; 
and 
 Article  II 
3. The selection of the valuation method by the 
entity shall not be used, nor shall any procurement 
requirement be divided, with the intention of avoiding 
the application of this Agreement.  
 
(b) include the estimated maximum 
total value of the procurement over 
its entire duration, whether 
awarded to one or more suppliers, 
taking into account all forms of 
remuneration, including:  
 
(i) premiums, fees, 
commissions, interest [and 
other revenue streams 
that may be provided for in 
such pr ocurements]  
[Market Access Issue]  
[NB: related to B -O-T 
and public works 
concession contracts] ; 
and 
 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
 
(ii) where the procurement 
provides for the possibility 
of option clauses, the 
estimated maximum total 
value of the procurement, 
inclusive of optional 
purchases.  
 6. In cases where an 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.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. Where an individual requirement [for a 
procurement]US,CDA,HKC,JPN results in [the award of more 
than one contract, or in the award of contract s in 
separate parts, the calculation of the estimated 
maximum total value shall be based on]US,CDA,HKC,JPN 
[more than one procurement over a certain period, 
the estimated value shall be the greater of]EC: 
 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 aggregate value of [recurring 
contracts]US,CDA,HKC,JPN 
[procurements]EC of the same type 
of good or service awarded during 
the preceding 12  months or 
preceding fiscal year, adjusted 
where possible to take into account 
anticipated changes in the quantity 
or value of the good or service 
being procured over the 
subsequent 12  months;  or 
  (a) the actual value of similar 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 aggregate value of 
[recurring contracts]US,CDA,HK C,JPN 
[procurements]EC of the same type 
of good or service to be awarded 
during the procuring entity's fiscal 
year or the 12  months [subsequent 
to the initial contract award, 
whichever is greater]US,CDA,HKC 
[starting with the initial 
procurement award]EC,JPN 
  (b) the estimated value of recurring 
contracts in the fiscal year or 12 
months subsequent to the initial 
contract.  
 
11. 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 esti mated 
monthly instalment multiplied by 
48; and 
  (b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by 48.  
 
(c) where there is doubt as to whether 
the contract is to be a fixed -term 
contract, subparagraph  (b) shall be 
used.  
 If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  III 
General Principles  
  
Article  III 
National Trea tment and Non -discrimination  
 
National Treatment and Non -Discrimination   
1. With respect to any measure and any 
covered procurement, a 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, 
procedu res and practices regarding government 
procurement covered by this Agreement, each Party 
shall provide immediately and unconditionally to the 
products, services and suppliers of other Parties 
offering products or services of the Parties, treatment 
no less 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.  
 
2. With respect to any measure and any 
covered procurement a Party, including its procuring 
entities, shall not:  
 2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by  this Agreement, each Party 
shall ensure:  
 
(a) treat a locally established supplier 
less favourably than another locally 
established supplier on the basis of 
degree of foreign affiliation or 
ownership;  nor 
  (a) that its entities shall not treat a 
locally -established supplier less 
favourably than another locally -
established supplier on the basis of 
degree of foreign affiliation or 
ownership;  and 
 
(b) discriminate against a locally 
established supplier on the basis 
that the goods or services offered  
by that supplier for a particular 
procurement are goods or services 
of any other Party.  
  (b) that its entities shall not 
discriminate against locally -
established suppliers on the basis 
of the country of production of the 
good or service being supplied, 
provided that the country of 
production is a Party to the 
Agreement in accordance with the 
provisions of Article  IV. 
 
[Use of Electronic Means  
 
3. When conducting covered procurement by 
electronic means, a procuring entity shall[:   
 
(a)] ensure that the procurement is 
conducted using generally available 
[and interoperable]EC,NOR 
information technology systems 
and software, including those 
related to authentication and 
encryption of information[;  and 
 
(b) maintain mechanisms that ensure 
integrity of, and prevent 
inappropriate access to, requests 
for participation and 
tenders]EC,US,ISR]US,EC,KOR,SWI,HKC,JPN,ISR,
NOR. 
 Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessar y obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in particular 
aim to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly identified an d that all 
available information relating to a particular contract 
can be identified.  When a Party intends to innovate, 
it shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Conduct of Procurement  
 Article  VII 
Tendering Procedures  
 
4. A procuring entity shall conduct covered 
procurement in a manner that:  
 
(a) is consistent with the Agreement, 
using methods such as open 
tendering, selective tendering, and 
limited tendering;  
 
(b) is transparent and impartial[, 
except where it is specifically 
provided otherwise in the 
Agreement];  and 
 
(c) avoids conflicts of interest and 
corrupt practices.  
 
[Ensuring Integrity in Government Procurement  
 
4bis. Each Party, including its procuring entities, 
shall establish or maintain procedures to declare 
ineligible for participation in the Party's covered 
procurements, either indefinitely or for a stated 
period of time, suppliers that the Party has 
determined to have engaged in fraudulen t or other 
illegal actions in relation to procurement.  On the 
request of any Party, a Party shall identify the 
suppliers determined to be ineligible under these 
procedures, and, where appropriate, exchange 
information regarding those suppliers or the 
fraud ulent or illegal action.]US 1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
Rules of Origin  
 Article  IV 
Rules of Origin  
 
5. For purposes of covered procurement, no 
Party may apply rules of origin to goods or services 
imported from or supplied by another Party that are 
different from the rules of origin the Party applies at 
the same time in the normal course of trade to 
imports or supplies of the same goods or services 
from the same Party.  
 1. A Party shall not apply rules of origin to 
products or services imported or supplied for 
purposes of government procurement covered by this 
Agreement from other P arties, which are different 
from the rules of origin applied in the normal course 
of trade and at the time of the transaction in question 
to imports or supplies of the same products or 
services from the same Parties.  
 
Offsets  
 Article  XVI 
Offsets  
 
6. With regard to covered procurement, a 
Party, including its procuring entities, shall not seek, 
take account of, impose or enforce offsets in the 
qualification and selection of suppliers, goods or 
services, in the evaluation of tenders, or in the award 
of contracts[, prior to or in the course of a 
procurement process]US,CDA,KOR  [or at any other stage 
of the procurement]US 
 
[With regard to covered procurement, a Party, 
including its procuring entities, shall not seek, take 
account of, impose or enforce offsets.]US,JPN 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 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Measures Not Specific to Procurement  
  
7. The provisi ons of paragraphs  1 and 2 shall 
not apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties and charges, other 
import regulations or formalities, and measures 
affecting trade in serv ices 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 charg es, other 
import regulations and formalities, and measures 
affecting trade in services other than laws, 
regulations, procedures and practices regarding 
government procurement covered by this Agreement.  
 
 
Article  IV 
Publication of Procurement Information  
  
Each Party shall:  
 
(a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of general 
application, standard contract 
clauses that are mandated by law or 
regulation and are incorporated by 
reference in notices and tender 
documentation and procedure 
regarding covered procurement, 
and any modifications thereof, in 
officially designated electronic or 
paper media that are widely 
disseminated and remain readily 
accessible to the public and that are 
in the app ropriate publications 
listed in Appendix  IV; and 
 Article  XIX 
1. Each Party shall promptly publish any law, 
regulation, judicial decision, administrative ruling of 
general application, and any procedure (including 
standard contract clauses) regarding gover nment 
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. ... 
(b) provide an explanation thereof to 
any Party, on request.  
 1. ... Each Party shall be prepared, upon 
request, to explain to any other Party its government 
procurement procedures.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  V 
Publication of Notices  
 
Notice of Intended Procurement  
  
Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in the 
circumstances described in Article  X, a procuring 
entity shall publish a notice of intended procurement 
in the appropriate media listed in Appendix  II. Such 
media shall be widely disseminated and shall remain 
readily accessible to the public [by electronic 
means]CDA,EC. [Each Party shall maintain a [free of 
charge]EC gateway electronic site that includes [links 
to]CDA the notices of procuring entities.]CDA,EC [[For 
procuring entiti es in Annex  1, the]JPN,US 
[The]EC,NOR,SWI,KOR notices shall be accessible by 
electronic means free of charge through a single point 
of access.]EC,NOR,KOR,SWI,JPN,US [For procuring entities in 
Annexes  2 and 3, a Party shall:  
 
 (a) encourage its entities to make the 
notices available by electronic 
means;  and 
 
 (b) to the extent possible, maintain [a 
gateway]CDA,US [an] electronic site 
that includes a link to the electronic 
sites of such entities.]US,JPN 
 1. In accordance with paragraphs  2 and 3, 
entities shall publish an invitation to participate for all 
cases of intended procurement, except as otherwise 
provided for in Article  XV (limited tendering).  The 
notice shall be published in the appropriate 
publication listed in Appendix  II. 
 
2. The invit ation to participate may take the 
form of a notice of proposed procurement, as 
provided for in paragraph  6. 
 
2. Each notice of intended procurement shall 
include:  
 6. Each notice of proposed procurement, 
referred to in paragraph  2, shall contain the follo wing 
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  
 
(b) a description of the proc urement, 
including the nature and the 
quantity of the goods or services to 
be procured or, where the quantity 
is not known, the estimated 
quantity;  
 
 (c) for recurring contracts, if possible, 
an estimate of the timing of 
subsequent notices of intended 
procurement;  
 
 (d) a description of any options;  
 6. (a) the nature and quantity, including 
any options for further 
procurement and, if possible, an 
estimate of the timing when such 
options may be exercised;  in the 
case of recurring contracts the 
nature and quantity and, if 
possible, an estimate of the timing 
of the subsequent tender notices 
for the products or services to be 
procured;  
 
(e) the time -frame for delivery of goods 
or services or the duration of the 
contract;  
 6. (c) any date for starting delivery or 
completion of delivery of goods or 
services;  
 
(f) the procurement method that will 
be used and whether it will involve 
negotiation or electronic auction;  6. (b) whether the procedure is open or 
selective or will involve 
negotiation;  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(g) the address and the time -limits for 
the submission of tenders and, 
where applicable, any time -limits 
for the submission of requests for 
participation in the procurement;  
 
(h) the language or languages in which 
tenders or requests for participation 
must be submitted, if other than an 
official language of the Party of the 
procuring entity;  
 6. (d) the address and final date for 
submitting an application to be 
invited to tender or for qualifying 
for the suppliers’ list, or for 
receiving tenders, as well as the  
language or languages in which 
they must be submitted;  
 
(i) 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 
by electronic means at the same 
time as the notice of intended 
procurement]JPN,US,CDA,EC,NOR,SWI,KOR,ISR
; 
 6. (f) any eco nomic and technical 
requirements, financial guarantees 
and information required from 
suppliers;  
(j) where, pursuant to Article  VIII, a 
procuring entity intends to select a 
limited number of qualified 
suppliers to be invited to tender, the 
criteria that wi ll be used to select 
them and, where applicable, any 
limitation on the number of 
suppliers that will be permitted to 
tender;  and 
  
(k) an indication that the procurement 
is covered by th e Agreement.  
 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.  
 
Summary Notice  
  
3. For each case of intended procurement, 
[where the notice of intended procurement is not 
already published in one of the official languages of 
the WTO,]US,CDA,HKC,ISR a procuring entity shall publish, 
by the time of publication of the notice of intended 
procurement, in a readily accessible summary notice 
at least the following information in one of th e WTO 
languages:  
 8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO.  The notice shall contain 
at least the following information:  
 
(a) the subject -matter of the 
procurement;  
 (a) the subject matter of the contract;  
 
(b) the time -limits set for the 
submission of tenders or, where 
applicable, any time -limits for the 
submission of requests for 
participation in the procurement or 
for inclusion on a multi -use list;  and 
 (b) the tim e-limits set for the 
submission of tenders or an 
application to be invited to tender;  
and 
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) the addresses from which 
documents relating to the 
procurement may be requested.  
 (c) the addresses from which 
documents relating to the 
contracts may be requested.  
 
Notice of Planned Procurement  
  
4. [Each Party shall encourage its procuring 
entities] [Procuring entities are encouraged] to 
publish as early as possible in each fiscal year a notice 
regarding their future procurement plans.  The notice 
should include the subject -matter of the procurement 
and the planned date of the publication of the notice 
of intended procurement.  
 7. Each notice of planned procurement referred 
to in paragraph 3 shall contain as much of the 
information referred to in pa ragraph  6 as is available.  
It shall in any case include the information referred to 
in paragraph 8 and:  
 
 (a) a statement that interested 
suppliers should express their 
interest in the procurement to the 
entity;  
 
 (b) a contact point with the entity from 
which further information may be 
obtained.  
 
5. A procuring entity in 
[Annex  2 and]US Annex  3 may use a notice of planned 
procurement as a notice of intended procurement 
provided that it includes as much of the information 
in paragraph  2 as is availab le and a statement that 
interested suppliers should express their interest in 
the procurement to the entity.  
 3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement, as provided for in 
paragraph  7, or a notice regarding a qualification 
system, as provided for in paragraph  9, as an 
invitation to participate.  
 
4. Entities which 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. 
 
 
Article  VI 
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 exte nt 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 common for all interested or 
participating suppliers.  
 1. (a) Any prescribed time -limit shall be 
adequate to allow suppliers of 
other Parties as well as domestic 
suppliers to prepare and submit 
tenders before the closing of the 
tendering procedures.  In 
determining any such time-limit, 
entities shall, consistent with their 
own reasonable needs, take into 
account such factors as the 
complexity of the intended 
procurement, the extent of 
subcontracting anticipated and the 
normal time for transmitting 
tenders by mail from foreign  as 
well as domestic points.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (b) Each Party shall ensure that its 
entities shall take due account of 
publication delays when setting the 
final date for receipt of tenders or 
of applications to be invited to 
tender.  
 
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 [either]US,CDA the notice of intended 
procurem ent [or a notice inviting suppliers to submit 
requests for participation in Article  VIII:6]US,CDA. 
Where a state of urgency duly substantiated by the 
procuring entity renders this time -period 
impracticable, the time -period may be reduced to not 
less 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 [through  7]CDA,US,JPN, 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) the notice of intended procurement 
is published [and the tender 
documentation is availab le]KOR,SWI; 
or [NB: The EC is considering the 
bracketed language.]  
 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) 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. 
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity may reduce the time -
period for tendering set out in paragraph  3 to not less 
than 10  days where:  
 3. The periods referred to in paragraph 2 may 
be reduced in the circumstances set out below:  
 
 (a) ... the 40 -day limit for receipt of 
tenders may be replaced by a 
period sufficiently long to enable 
responsive tendering, which, as a 
general rule, shall not be less than 
24 days, but in any case not less 
than 10 days;  
 
(a) the procuring entity published [a 
separate notice, including]CDA a 
notice of planned procurement 
under Article  V:4 at least 40  days 
and not more than 12  months in 
advance [of the publication of the 
notice of intended procurement]EC, 
and [such notice] [the notice of 
planned procurement]EC contains:  
 
(i) a description of the 
procurement;  
 
(ii) the approximate time-
limits for the submission of 
tenders or requests for 
participation;  
 
(iii) a statement that 
interested suppliers should 
express their interest in 
the procurement to the 
procuring entity;  
 
(iv) the address from which 
documents relating to the 
procurement may be 
obtained;  and 
 
(v) as much of the information 
that is required under 
Article  V:2 for the notice of 
intended procurement, as 
is available;  
 3. (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 inf ormation 
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 cont act point with the entity 
from which further 
information may be obtained,  
 
... 
 
[(b) the procuring entity publishes a 
second or subsequent notice 
relating to contracts of a recurring 
nature;]CDA,US 
 3. (b) in the case of the second or 
subsequent publications dealing 
with contracts of a recurring nature 
within the meaning of paragraph 6 
of Article  IX, the 40 -day limit for 
receipt of tenders may be reduced 
to not less than 24 days;  
 
[(c) the procuring entity procures 
commercial goods or services, 
provided that the entity publishes by 
electronic means at the same time 
the notice of intended procurement 
and the complete tender 
documentation;]CDA,JPN or 
  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) a state of urgency duly 
substantiated by the procuring 
entity renders such time -period 
impracticable.  
 3. (c) where a state of urgency duly 
substantiated by the entity renders 
impracticable the periods in 
question, the periods specified in 
paragraph  2 may be reduced but 
shall in no case be less than 
10 days from the date of the 
publication referred to in 
paragraph  1 of Article  IX; or 
 
5. A procuring entity may reduce the time -
period for tendering set out in paragraph  3 by 
five days for each one of the following circumstances:  
 
(a) the notice of intended procurement 
is published by electronic means ; 
 
(b) all the tender documentation is 
made available by electronic means 
from the date of the publication of 
the notice of intended 
procurement [; and 
 
(c) the tenders can be received by 
electronic means by the procuring 
entity ].US,CDA,J PN,HKC 
  
6. The use of paragraph  5, in conjunction with 
paragraph  4, shall in no case result in the reduction 
of those time -periods to less than 10  days from the 
date on which the notice of intended procurement is 
published.  
  
[7. Notwithstanding any other time -periods in 
this Article, where a procuring entity is purchasing 
commercial goods or services and the notice of 
intended procurement and the tender documentation 
are published by electronic means[, and the tenders 
may be recei ved by electronic means,]EC,CDA,JPN the 
entity may reduce the time -period for tendering set 
out in paragraph  3 to no less than 
[15]EC,JPN [three]CDA days, provided such time is 
sufficient to allow suppliers to submit responsive 
[electronic]EC,CDA,JPN tende rs.]EC,CDA,JPN 
 
[7bis. [Notwithstanding any other time -period in 
this Article,] Where a procuring entity purchases 
commercial goods or services, it may reduce the 
time-period for tendering set out in paragraph  3 to 
not less than 15 days, provided that it p ublishes by 
electronic means, at the same time, both the notice 
of intended procurement and the complete tender 
documentation.  Where the entity also accepts tenders 
for commercial goods and services by electronic 
means, it may reduce the tendering period s et out in 
paragraph  3 to not less than ten days. ]US 
  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
8. Where a procuring entity in 
Annex  [2 or]US,CDA 3 has selected all 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.  
 
 
Article  VII 
Information on Intended Procurements  
  
Article  XII 
 
Tender Documentation  
 Tender Documentation  
 
 1. If, in tendering procedures, an entity allows 
tenders to be submitted in several languages, one of 
those languages shall be one of the official languages 
of the WTO.  
 
1. A procuring entity shall provide to suppliers 
tender documentation that includes all information 
necessary to permit suppliers to prepare and submit 
responsive tenders.  Unless already provided in the 
notice of intended procuremen t, 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 intended 
procurement, except for paragraph 6(g) of Article  IX, 
and the following:  
 
(a) the procurement, including the 
nature and the quantity of the 
goods or services to be procured or, 
where the quantity is not known, 
the estimated quantity and any 
requirements to be fulfilled, 
including any technical 
specifications, conformity 
certification, plans, drawings or 
instructional materials;  
  (g) a complete description of the 
products or services required or of 
any requirements including 
technical specifi cations, conformity 
certification to be fulfilled, 
necessary plans, drawings and 
instructional materials;  
 
(b) any conditions for participation of 
suppliers including a list of 
information and documents that 
suppliers are required to submit in 
connection therewith;  
  (f) any economic and technical 
requirement, financial guarantees 
and information or documents 
required from suppliers;  
 
(c) all criteria, including any cost 
factors, to be considered in the 
awarding of the contract, and, 
except where price is the sole 
criterion, the relative importance of 
such criteria ; 
  (h) the criteria for awarding the 
contract, including any factors 
other than price that are to be 
considered in the 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;  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 
under which the auction will be 
conducted, including identification 
of the [quantifiable [elements of the 
tender,]EC,JPN,NOR,SWI]US,EC,JPN,NOR,SWI 
[price and non -price 
criteria]CDA,HKC,US [on which the 
auction will be conducted]EC,NOR; 
  
(f) where there will be a public opening 
of tenders, the date, time and place 
for the opening and, where 
appropriate, the persons authorized 
to be present;  and 
  (e) the persons authorized to be 
present at the opening of tenders 
and the date, time and place of this 
opening;  
 
(g) any other terms or conditions, 
including terms of payment and any 
limitation on the means by which 
tenders may be submitted, e.g., 
paper or electronic means.  
  (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 
  (a) the address of the entity to which 
tenders should be sent;  
 
 (b) the address where requests for 
supplementary information should 
be sent;  
 
 
 (c) the language or languages in which 
tenders and tendering documents 
must be submitted;  
 
 (d) the closing date and time for receipt 
of tenders and the length of time 
during which any tender should be 
open for acceptance;  
 ... 
 
 (k) in accordance with Article XVII the 
terms and conditions, if any, under 
which tenders from countries not 
Parties to this Agreement, but 
which apply the procedures of that 
Article, will be entertained.  
 
2. In establishing any delivery date for the 
goods or services being procured, a procuring entity 
shall take into account such factors as the complexity 
of the procurement, the extent of subcontr acting 
anticipated and the realistic time required for 
production, de -stocking and transport of goods from 
the points of supply or for supply of services.  
 Article  XI 
4. Consistent with the entity's own reasonable 
needs, any delivery date shall take into 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.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procuring entity shall promptly:  
 
(a) provide, on request, the tender 
documentation to any supplier 
participating in the procurement;  
and 
 
(b) reply to any reasonable request for 
relevant information by a supplier 
participating in the procurement, 
provide d that such information does 
not give that supplier an advantage 
over its competitors in the 
procurement.  
 Article XII  
Forwarding of Tender Documentation by the Entities  
3. (a) In open procedures, entities shall 
forward the tender documentation 
at the request of any supplier 
participating in 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.  
 
Technical Specifications  
 Article  VI 
Technical Specifications  
 
4. 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.  
 
5. In prescribing the technical specifications for 
the goods or services being procured, a procuring 
entity shall, where appropriate:  
 2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical specification, 
in terms of performance and 
functional requirements, rather 
than design or descriptive 
characteristics;  and 
  (a) be in terms of performance rather 
than design or descriptive 
characteristics;  and 
(b) base the technical specification on 
international standards, where such 
exist;  otherwise, on national 
technical regulations, recognized 
nation al standards or building 
codes.  
  (b) be based on international 
standards, where such exist;  
otherwise, on national technical 
regulations3, recognized national 
standards4, or building codes.  
 
6. Where design or descriptive characteristics 
are used in the technical specifications, a procuring 
entity should, where appropriate, include words such 
as "or equivalent" in the technical specifications and 
consider tenders that demonstrably meet the 
[requirements defined by the]EC [required]US design 
or descrip tive characteristics and are fit for the 
purposes intended.  
 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 in telligible 
way of describing the procurement requirements and 
provided that words such as "or equivalent" are 
included in the tender documentation.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. A procuring entity shall not prescribe 
technical specifications that require or refer to a 
particular trademark or trade name, patent, 
copyright, design or type, specific origin, producer or 
supplier, unless there is no other sufficiently precise 
or intelligible way of describing the procurement 
requirements and provided that, in such cases, wor ds 
such as "or equivalent" are included in the tender 
documentation.  
  
8. 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 technica l 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 
prepa ration of specifications for a specific 
procurement from a firm that may have a commercial 
interest in the procurement.  
 
9. [For greater certainty, t]US [T]CDA[his Article is 
not intended to preclude a]US,CDA [A]EC,HKC,NOR Party, 
including its procuring entities, [shall not be 
precluded]EC,HKC,NOR from preparing, adopting, or 
applying technical specifications to promote the 
conservation of natural resources or protect the 
environment[ , provided that such technical 
specifications are consistent with 
paragraphs  4 through  8]JPN,EC,NOR,SWI. 
  
Modifications  
  
10. Where, prior to the award of a contract, a 
procuring entity modifies the criteria or technical 
requirements set out in a notice or tender 
documentation provided to participating suppliers, or 
amends or reissues a notice or tender documentation, 
it shall transmit in writing all such modifications or 
amended or re -issued notice or tender documentation:  
 
(a) to all the suppliers that are 
partic ipating at the time the 
information is amended, if known, 
and in all other cases, in the same 
manner as the original information;  
and 
 
(b) in adequate time to allow such 
suppliers to modify and re -submit 
amended tenders, as 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 noti ce, 
the amendment or the re -issued notice shall be given 
the same circulation as the original documents upon 
which the amendment is based.  Any significant 
information given to one supplier with respect to a 
particular intended procurement shall be given 
simultaneously to all other suppliers concerned in 
adequate time to permit the suppliers to consider such 
information and to respond to it.  
 
Article  XIV 
4.  Entities shall not, in the course of 
negotiations, discriminate between different suppliers. 
In parti cular, they shall ensure that:  
 
 ... 
 
 (b) all modifications to the criteria and to 
the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VIII 
Conditions for Participation  
  
Article  VIII 
Qualification of Suppliers  
 
General Requirements  
  
1. A procuring entity shall limit any conditions 
for participation in a procurement to those that are 
essential to ensure that a supplier has the legal, 
commercial, technical, and financial abilities to 
undertake the relevant procurement.  
 In the process of qualifying suppliers, entities shall not 
discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other 
Parties.  Qualification procedures shal l 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 assessing whether a supplier sat isfies the 
conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial, 
commercial, and technical abilities of 
a supplier on the basis of that 
supplier's business activities both 
inside and outside the territory of the 
Party of the procuring entity;  
  (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 determination on the 
conditions that the procuring entity 
has specified in advance in notices or 
tender documentation;  
  
(c) may not impose the condition that, 
in order for a supplier to participate 
in a procurement, the supplier has 
previously been awarded one or 
more contracts by a procuring entity 
of a given Party;  and 
 
(d) may require relevant prior 
experience where essential to meet 
the requirements of the 
procurement.  
  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procuring entity may exclude a supplier on 
grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) significant [or persistent]HKC 
deficiencies in performance of any 
substantive requirement or 
obligation under a prior contract;  
 
(d) final judgments in respect of serious 
crimes or other serious public 
offences;  
 
[(e) professional misconduct or acts or 
omissions that adversely reflect upon 
the professional conduct, integrity or 
honesty of the supplier;]HKC,EC 
 
(f) failure to pay taxes.   (h) nothing in subparagraphs (a) 
through (g) shall preclude the 
exclusion of any supplier on grounds 
such as bankruptcy or false 
declarations, provided that such an 
action is consistent with the national 
treatment and non -discrimination 
provisions of this Agreement.  
 
[Uniformity of Qualification Procedures  [and 
Regist ration Systems]KOR,US,EC 
  
[4. A Party, including its procuring entities, may 
maintain a supplier registration system under which it 
invites suppliers interested in participating in its 
procurement to register and provide [basic supplier 
information]KOR,U S [certain information relating to the 
supplier]EC.]KOR,US,EC,NOR 
  
5. Each Party shall ensure that:  
 Article VIII  
(g) each Party shall ensure that:  
 
(a) each procuring entity and its 
constituent parts follow a single 
qualification procedure, except in 
cases of duly substantiated need for 
a different procedure;  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) its procuring entities make efforts to 
minimize differences in their 
qualification procedures [and[, 
where applicable,]HKC,US,EC 
registration systems]KOR,US,EC 
.]EC,KOR,SWI,US,NOR 
 (ii) efforts be made to minimize 
differences in qualification 
procedures betwee n entities.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Selective Tendering  
  
6. A procuring entity  that intends to use 
selective tendering shall, in the notice of intended 
procurement[, or in the notice inviting suppliers to 
submit a request for participation that is published in 
the appropriate media listed in Appendix  [ ] and 
includes the information in Article  V:2(a), (b), (h), (i) 
and (j)[and (k)]CDA]US,CDA: 
 
(a) invite suppliers to submit a request 
for participation;  and 
 
(b) indicate the [address and the]CDA,US 
time-limit for sub mitting requests for 
participation, as provided for in 
Article  VI:2. 
 Article  VII 
3. For the purposes of this Agreement:  
 
 ... 
 
 (b) Selective tendering procedures are 
those procedures under which, 
consistent with paragraph 3 of 
Article X and other relevant 
provisions of this Agreement, those 
suppliers invited to do so by the 
entity may submit a tender.  
 
Article  VIII 
... Qualification procedures shall be consistent with the 
following:  
 
(a) any conditions for participation in 
tendering procedures shall be 
published in adequate time to 
enable interested suppliers to 
initiate and, to the extent that it is 
compatible with efficient operation 
of the procurement process, 
complete the qualification 
procedures;  
 
7. A procuring entity shall rec ognize as qualified 
suppliers all domestic suppliers and suppliers of other 
Parties that meet the conditions for participation in a 
particular procurement, unless the procuring entity 
states in the notice  or, where publicly available, in the 
tender documen tation,  any limitation on the number of 
suppliers that will be permitted to tender and the 
criteria for such limitation.  
 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 
particu lar 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;  
 
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 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 efficie nt operation of the procurement system.  
They shall select the suppliers to participate in the 
procedure in a fair and non -discriminatory manner.  
 
2. Entities maintaining permanent lists of 
qualified suppliers may select suppliers to be invited to 
tender fr om among those listed.  Any selection shall 
allow for equitable opportunities for suppliers on the 
lists. 
 
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional suppliers 
permitted to participate shall be limited only by the 
efficient operation of the procurement sy stem.  
 
8. Where the tender documentation is not made 
publicly available from the date of publication of the 
notice referred to in paragraph  6, a procuring entity 
shall ensure that those documents are made available 
at the same time to all the qualified su ppliers selected 
in accordance with paragraph  7. 
 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 t imely 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.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
9. Where a supplier submits a request for 
participation, and all required documents relating 
thereto, within the time -limit, as provided for in 
Article  VI:2, a procuring entity, [whether or not it uses 
a multi -use list,]EC,SWI,NOR shall examine the request and 
may not exclude the supplier from con sideration in 
respect of the procurement on the grounds that the 
procuring entity has insufficient time to examine the 
application[, unless, 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]US,JPN [before 
commencement of the tendering 
period]HKC]US,HKC,JPN,NOR. 
 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 
partic ular 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  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles VIII and IX.  The number of additional suppliers 
permitted to participate shall be limited only by the 
efficient operation of the procurement system.  
 
 Article  X 
4. Requests to participate in selective tendering 
procedures may be submitted by telex, te legram or 
facsimile.  
 
Multi-Use Lists  
  
10. A procuring entity may maintain a multi -use 
list of suppliers, provided that it annually publishes [or 
otherwise makes available continuously in electronic 
form]US,CDA,JPN,HKC a notice inviting interested suppliers 
to apply for inclusion on the list in one of the 
appropriate media listed in Appendix  [ ]. The notice 
shall include:  
 Article  IX 
9. In the case of selective tendering procedures, 
entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the 
publications listed in Appendix  III a notice of the 
following:  
 
(a) a description of the goods and 
services, or categories thereof, for 
which the list may be used;  
 (a) the enumeration of the lists 
maintained, including their headings, 
in relation to the products or services 
or categories of products or services 
to be procured through the lists;  
 
(b) the conditions for participation to be 
satisfied by suppliers and the 
methods that the procuring entity 
will use to verify a supplier's 
satisfaction of the conditions;  
 (b) the conditions to be fulfilled by 
suppliers with a view to their 
inscription on those lists and the 
methods according to which each of 
those conditions will be verified b y 
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/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) the period of validity of the list and 
the means for its renewal or 
termination, or where the period of 
validity is not provided, an indication 
of the method by which notice will be 
given of the termination of use of the 
list; and 
 Article IX  
(c) the period of validity of the lists, and 
the formalities for their renewal.  
 
Article VIII  
 (f) … Qualified suppliers included on 
permanent lists by entities shall also 
be notified of the termination of any 
such lists or of their removal from 
them;  
 
(e) an indication that the list may be 
used for pro curement covered by the 
Agreement.  
 Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered by 
the Agreement.  
 
[11. Notwithstanding paragraph  10, a procuring 
entity may publish the notice referred to in 
paragraph  10 only once, at the beginning of the validity 
of the list, provided that:  
 
(a) the period of validity is three years or 
less and is stated in the notice;  and 
 
(b) the notice states that further notices 
will not be published.]EC,US,NOR 
 Article IX  
9. ... 
 
However, when the duration of the qualification system 
is three years or less, and if the duration of the system 
is made clear in the notice and it is also made clear 
that further notices will not be published, it shall be 
sufficient to publish the notice once only, at the 
beginning of the system.  Such a system shall not be 
used in a manner which circumvents the provisions of 
this Agreement.  
 
12. 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;  
 
Annex  [2 and]US 3 Entities  [NB: The EC is 
questioning the need to differentiate between 
Annex  1 and Annex  2 entities.]  
  
13. A procuring entity listed in Annex  [2 or]US 3 
may use a notice inviting suppliers to apply for 
inclusion on a multi -use list as a notice of intended 
procurement, provided that:  Article IX  
3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement as provided for in paragraph 
7, or a notice regarding a qualification system, as 
provided for in paragraph 9, as an invitation to 
participate.  
 
(a) the notice sets out, in addition to the  
information required in 
paragraph  10, as much of the 
information required in Article  V:2 as 
is available and contains a statement 
that it constitutes a notice of 
intended procurement [or that only 
the suppliers on the multi -use list will 
receive further n otice of 
procurements that are covered by 
the multi -use list]US,JPN; [and]US 
 
(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, Article IX  
5. Entities which use a notice regarding a 
qualification system as an invitation to participate shall 
provide, s ubject 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 th e other interested 
suppliers.  
 
9. ... When such a notice is used as an invitation 
to participate in accordance with paragraph 3, the GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
including all remaining information 
required in Article  V:2, to the extent 
such information is available[;  and 
 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.  
 
(c) a supplier having applied for 
inclusion on a multi -use list in 
accordance with paragraph  12 shall 
be allowed to tender in a given 
procurement, if there is sufficient  
time to examine whether it satisfies 
the conditions for 
participation]EC,NOR,JPN. 
 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 proce dures for 
qualification;  
 
Article  X 
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under Articles 
VIII and IX.  The number of additional suppliers 
permitted to participate shall be limited only by the 
efficient operation of the procurement system.  
 
Information on Procuring Entities’ Decisions  
  
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 its 
decision.  
 
15. Where a procuring entity rejects a supplier's 
request for participation or application for i nclusion on 
a multi -use list, ceases to recognize a supplier as 
qualified, or removes a supplier from a multi -use list, 
the entity shall inform the supplier and, on request of 
the supplier, promptly provide the supplier with a 
written explanation of the re asons for its decision.  
 Article VIII  
 (f) any supplier having requested to 
become a qualified supplier shall be 
advised by the entities concerned of 
the decision in this regard.  Qualified 
suppliers included on permanent lists 
by entities shall also be not ified 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;  ... 
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IX 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. A Party may provide for its procuring entities 
to conduct negotiations:  
 1. A Party may provide for entities to conduct  
negotiations:  
 
(a) in the context of procurements in 
which they have indicated such 
intent in the notice of intended 
procurement in paragraph  2 of 
Article  V; or 
 (a) in the context of procurements in 
which they have indicated such 
intent, namely in the notice referred 
to in paragraph 2 of Article IX (the 
invitation to suppliers to participate 
in the procedure for the proposed 
procurement);  or 
 
(b) where it appears from the evaluation 
that no one tender is obviously the 
most advantageous in terms of the 
specific evaluation criteria set forth in 
the notices or tender documentation.  
 (b) when it appears from evaluation 
that no one tender is obviously the 
most advantageous in terms of the 
specific evaluation criteria set forth 
in the notices or tender 
documentation.  
 2. Negotiations shall primarily be used to identify 
the strengths and weaknesses in tenders.  
 
3. Entities shall treat tenders in confidence. In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
 
2. A procuring entity shall:  
 
 (a) ensure that any elimination of 
tenderers in negotiations is carried 
out in accordance with the  evaluation 
criteria set out in the notices or 
tender documentation;  and 
 4. Entities shall not, in the course of 
negotiations, discriminate between different suppliers.  
In particular, they shall ensure that:  
 
 (a) any elimination of participants is 
carrie d out in accordance with the 
criteria set forth in the notices and 
tender documentation;  
 
  (b) all modifications to the criteria and 
to the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 
 (c) all remaining participants are 
afforded an opportunity to submit 
new or amended submissions on the 
basis of the revised requirements;  
and 
 
 (b) when negotiations are concluded, 
provide a common deadline for the 
remaining tenderers to submit any 
new or revised tenders.  
  (d) when negotiations are concluded, all 
participants remaining in the 
negotiations shall be permitted to 
submit final tenders in accordance 
with a common deadline.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  X 
Limited Tendering  
  
Article  XV 
Limited Tendering  
 
1. Provided that it does not use this provision for 
the purpose of avoiding competition among suppliers 
or in a manner that discriminates against suppliers of 
the other Parties, or that protects domestic suppliers, 
a procuring entity may use a limited tenderi ng 
[procedure] and may choose not to apply Articles  [V, 
VI, VII:1 -3 and 9, VIII, IX, and XI:1  and 3-9]US,CDA,JPN 
in 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 discrimination 
among suppliers of other Parties or protection to 
domestic p roducers or suppliers:  
 
Article VII  
3. For the purposes of this Agreement:  
 
(c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. 
 
 
(a) provided that the requirements of the 
tender documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted or no suppliers 
applied to meet the 
conditions for participation;  
 
(ii) where no tenders that 
conform to the essential 
requirements of the tender 
documentation were 
submitted;  
 
(iii) where no suppliers satisfied 
the conditions for 
participation;  or 
 
(iv) where the tenders 
submitted have been 
collusive;  
 Article XV:1  
 (a) in the absence of tenders in response 
to an open or selective tender, or 
when the tenders submitted have 
been collusive, or not in conformity 
with the essential requirements in 
the tender, or from suppliers who do 
not comply with the conditions for 
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;  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) where the goods or services can be 
supplied only by a particular supplier 
and no reasonable alternative or 
substitute goods or services exist for 
the following reasons:  
 
(i) the requirement is for a 
work of art;  
 
(ii) the protection of patents, 
copyrights or other 
exclusive rights[, or 
proprietary 
information]US,CDA,JPN; or 
[NB: The EC and 
Switzerland are 
wondering what is the 
extent or definition of 
proprietary information.]  
 
(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;  
 
(c) for additional deliveries of goods or 
services by the original supplier that 
are intended ei ther as replacement 
parts, extensions, or continuing 
services for existing equipment, 
software, services or installations, 
where a change of supplier would 
compel the entity to procure goods or 
services that do not meet 
requirements of interchangeability 
with [or are not operable with]EC,US,JPN 
existing equipment, software, 
services, or installations;  [that 
would:  
 
(i) alter the operation or use of 
the existing goods or 
services;  or 
 
(ii) due to the change of goods 
or services, require existing 
equipment or services to be 
altered;]CDA 
[NB: Switzerland notes that the 
relationship between (c), (g) and 
(h) needs further scrutiny.]  
  (d) for additional deliveries by the 
original supplier which are intended 
either as parts replacement for 
existing sup plies, 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 services5; 
 
Footnote  
5. It is the understanding that "existing 
equipment" includes software to the extent that the 
initial procurement of the software was covered by the 
Agreement.  
(d) in so far 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 under 
tendering procedures consistent with 
Articles  [ ]; 
  (c) in so far as is strictly necessary 
when, for reasons of extrem e 
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;  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 standard s, 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 XIV6; 
 
Footnote  
6. Original developm ent 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) where additional 
[construction]JPN,CDA,US,KOR services 
which were not included in the initial 
procurement but which w ere within 
the objectives of the original tender 
documentation have, through 
unforeseeable circumstances, 
become necessary to complete the 
services described therein, and the 
entity needs to award contracts for 
the additional services to the 
contractor car rying out the services 
concerned since the separation of the 
additional services from the initial 
procurement would be difficult for 
technical or economic reasons and 
cause significant inconvenience to 
the procuring entity.  However, the 
total value of cont racts awarded for 
the additional services may not 
exceed 50  per cent of the amount of 
the main procurement;  [NB: 
Switzerland;  Hong Kong, China;  
Norway;  and the EC question why 
this should be limited to 
construction.]  
  (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 difficu lt 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;  
 
(h) for new [con struction]JPN,CDA,US,KOR 
services consisting of the repetition 
of similar services which conform to 
a basic project for which an initial 
contract was awarded following an 
open or selective procurement 
method and for which the procuring 
entity has indicated  in the notice of 
intended procurement concerning 
the initial service, that a limited 
procurement method might be used 
in awarding contracts for such new 
services;  
  (g) for new construction services 
consisting of the repetition of similar 
construction ser vices which conform 
to a basic project for which an initial 
contract was awarded in accordance 
with Articles  VII through XIV and for 
which the entity has indicated in the 
notice of intended procurement 
concerning the initial construction 
service, that limi ted tendering 
procedures might be used in 
awarding contracts for such new 
construction services;  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term in the case of 
unusual disposals such as arising 
from liquidation, receivership or 
bankruptcy and not for routine 
purchases from regular suppliers;  
and 
  (i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term.  This provision is 
intended to cover unusual disposals 
by firms which are not normally 
suppliers, or disposal of assets of 
businesses in liquidation or 
receivership.  It is not intended to 
cover routine purchases from regular 
suppliers;  
 
(j) in the case of a contract awarded to 
a winner of a design contest provided 
that: 
 
(i) the contest has been 
organized in a manner that 
is consistent with the 
principles of the Agreement, 
notably as regards the 
publication of a notice of 
intended procurement;  and 
 
(ii) the participants are judged 
by an independent jury with 
a view to a design contract 
being awarded to a winner.  
  (j) in the case of contracts awarded to 
the winner of a design 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 w inners.  
 
2. A procuring entity shall prepare a report in 
writing on each contract awarded under paragraph  1. 
Each such report shall include the name of the 
procuring entity, the value and kind of goods or 
services procured and a statement indicating the 
circumstances and conditions described in paragraph  1 
that justified the use of such procedures.  
 2. Entities shall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph  1. Each report shall contain the name of the 
procuring  entity, value and kind of goods or services 
procured, country of origin, and a statement of the 
conditions in this Article which prevailed.  This report 
shall remain with the entities concerned at the disposal 
of the government authorities responsible for the entity 
in order that it may be used if required under the 
procedures of Articles  XVIII, XIX, XX and XXII.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XI 
Treatment of Tenders and Contract Awards  
  
Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
 
Treatment of Tenders  Opening of Tenders  
 
1. A procuring entity shall receive, open and 
treat all tenders under procedures that guarantee the 
fairness and impartiality of the procurement process, 
and the confidentiality of tenders.  
 3. All tenders solicited under open or selective 
procedures by entities shall be received and opened 
under procedures and conditions guaranteeing the 
regularity of the openings.  The receipt and open ing 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 provide information intended 
to assist particular pa rticipants 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. When a procuring entity provides suppliers 
with opportunities to correct unintentional errors of 
form between the o pening of tenders and the awarding 
of the contract, the procuring entity shall provide the 
same opportunities to all participating suppliers.  
 1. (b) the opportunities that may be given 
to tenderers to correct unintentional 
errors of form between the opening 
of tenders and the awarding of the 
contract shall not be permitted to 
give rise to any discriminatory 
practice.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Awarding of Contracts  
 
4. To be considered for award, a tender must be 
in writing and must, at the time of opening, comply 
with the es sential requirements of the notices and 
tender documentation and be from a supplier that 
satisfies any 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 f acsimile.  
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 C ontracts  
4. (a) To be considered for award, a tender 
must, at the time of opening, conform 
to the essential requirements of the 
notices or tender documentation and 
be from a supplier which complies 
with the conditions for participation. 
... 
 
 (c) Awards shall be made in accordance 
with the criteria and essential 
requirements specified in the tender 
documentation.  
 
5. A procuring entity shall not use option clauses 
in a manner that circumvents the provisions of the 
Agreement.  
 5. Option clauses sha ll not be used in a manner 
which circumvents the provisions of the Agreement.  
 
6. Unless a procuring entity determines that it is 
not in the public interest to award a contract, it shall 
award the contract to the supplier that the entity has 
determined to be fully capable of undertaking the 
contract and whose tender is either the lowest price or 
the tender that the entity has determined to be the 
most advantageous solely on the basis of the 
requirements and evaluation criteria specified in the  
notices or tender documentation.  
 4. (b) Unless in the public interest an entity 
decides not to issue the contract, the 
entity shall make the award to the 
tenderer who has been determined 
to be fully capable of undertaking the 
contract and whose tender, w hether 
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.  
 
7. Where a procuring entity receives a tender 
with a price that is abnormally lower than the prices in 
other tenders submitted, it may verify with the 
tenderer that it can comply with the conditions of 
participation and be capable of fulfill ing the terms of 
the contract.  
 4. (a) ... If an entity has received a tender 
abnormally lower than other tenders submitted, it may 
enquire with the tenderer to ensure that it can comply 
with the conditions of participation and be capable of 
fulfilling the terms of the contract.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
8. A procuring entity shall not cancel a 
procurement or modify awarded contracts in a manner 
that circumvents the obligations of the Agreement.  
  
 
[Article  XII Use of Electronic 
[Auctions ]US,KOR,JPN,NOR,HKC [Means ]EC]EC,NOR,KOR,US  
[NB: The location and content of paragraphs 1 
and 2 are still under discussion.]  
  
[1. Covered procurement conducted, exclusively 
or partially, by electronic means shall be subject to the 
provisions of the Agreement.]EC,SWI,SGP 
 
[2. When conducting covered procurement 
electronically, a procuring entity shall:  
 
(a) ensure that the procurement is 
conducted in a manner that is 
consistent with the Agreement, in 
particular by using non -
discriminatory, generally a vailable 
and interoperable information 
technology systems and software, 
including those related to 
authentication and encryption;  
 
(b) ensure that all information necessary 
to permit suppliers to prepare and 
submit responsive tenders, including 
any authent ication and encryption 
requirements, is included in the 
tender documentation;  
 
(c) use mechanisms which clearly and 
unambiguously guarantee that, 
before the expiry of the deadlines 
set, the integrity of data is 
preserved, access to tenders and 
request to participate is prohibited 
and the timing of receipt of tenders 
and request to participate is 
accurately established.]EC 
 
[[3./1.]  Where a procuring entity intends to conduct a 
covered procurement using an electronic auction, the 
entity shall pro vide participants, before commencing 
the electronic auction, with:  
 
(a) the automatic evaluation method or 
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;  and 
 
(b) any other relevant information 
relating to the conduct of the  
auction.]EC,NOR,KOR,US,JPN,HKC 
 Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in the 
Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These cons ultations shall in particular aim 
to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through transparent 
procedures, that contracts covered under the 
Agreement are clearly ide ntified and that all available 
information relating to a particular contract can be 
identified.  When a Party intends to innovate, it shall 
endeavour to take into account the views expressed by 
other Parties regarding any potential problems.  
 
 
Article  XIII 
Transparency of Procurement Information  
  
Article XVIII  
Information and Review as Regards Obligations of 
Entities  
 
Information Provided to Suppliers  
  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. A procuring entity shall promptly inform 
participating suppliers of the entity's contract award 
decisions and, on request, in writing.  Subject to 
Article  XIV, a procuring entity shall, on request, 
provide an unsuccessful supplier with an explanation of 
the reasons that the entity did not select its tender and 
the relative advantages of the succ essful 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 unsuccessf ul tenderer, 
pertinent information concerning the 
reasons why its tender was not 
selected and on the characteristics 
and relative advantages of the 
tender selected as well as the name 
of the winning tenderer.  
 
Publication of Award Information  
  
2. Not later than 72  days after the award of each 
contract covered by the Agreement, a procuring entity 
shall publish a notice in an officially designated 
publication listed in Appendix  II that may be in an 
electronic or paper medium.  Where only an electronic 
medium is used, the information shall remain readily 
accessible for a reasonable period of time.  The notice 
shall include at least the following information:  
 1. Entities shall publish a notice in the 
appropriate publication listed in Appendix II not later 
than 72 days after the award of each contract under 
Articles  XIII through XV.  These notices shall contain:  
(a) a description of the goods or services 
procured;  
  (a) the nature and quantity of products 
or services in the contract award;  
 
(b) the name and a ddress 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 pursuant to 
Article  [X (Limited Tendering) ], a 
description of the circumstances 
justifying the use of such procedure.  
  (f) where appropriate, means of 
identifying the notic e 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.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Maintenance of Documents, Reports[, and Electronic 
Traceability]US,EC,JPN,NOR,SWI,KOR,HKC 
  
3. Each procuring entity shall maintain 
documentation and reports of tendering procedures 
and contract awards relating to covered procurement, 
including the reports provided for in Article  [X (Limited 
Tendering) ], and shall retain such documentation and 
repor ts for a period of at least three  years from the 
award of the contract.  
 
[4. A procuring entity shall ensure that the 
conduct of procurement by electronic means is fully 
traceable for a period of at least three  years from the 
award of the contract.]US,EC,J PN,NOR,SWI,KOR,HKC 
 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 preva iled. 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 Report o f Statistics  
  
5. Each Party shall collect and report to the 
Committee statistics on its contracts covered by the 
Agreement.  Each report shall cover one  year and be 
submitted within two  years of the end of the reporting 
period, and shall contain:  
 Article XIX  
5. Each Party shall collect and provide to 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 Annex  1 procuring entities:  
 
(i) the number and total value, 
for all such entities, of 
contracts covered by the 
Agreement;  
 
(ii) the number and total value 
of all contracts covered by 
the Agreement awarded by 
such entities, broken down 
by [categories 
of]US,CDA,JPN,NOR,HKC,SWI goods 
and services according to 
a[n internationally 
recognized]CDA,US,JPN,NOR,HKC 
uniform classification 
system;  and 
 
(iii) the number and total value 
of contracts covered by the 
Agreement awarded by each 
such entity under limited 
tendering;  
 (a) for entities in Annex  1, statistics on 
the estimated value of contracts 
awarded, both above and below the 
threshold value, on a global basis and 
broken down by entities;  ...; 
 
(b) for enti ties in Annex  1, statistics on 
the number and total value of 
contracts awarded above the 
threshold value, broken down by 
entities and categories of products 
and services according to uniform 
classification systems;  ...; 
 
(c) for entities in Annex  1, statis tics, 
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;  ... . 
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) for Annex  2 and 3 procuring entities, 
the number and total value of 
contracts covered by the Agreement 
awarded by all such entities, broken 
down by Annex;  and 
 5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement.  Such 
reports shall contain the following information with 
respect to contracts awarded by all p rocurement 
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 products and services;  
 
(c) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
above the threshold value under each 
of the cases of Article  XV; and 
 
 (d) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
under derogations to the Agreement 
contained i n the relevant Annexes.  
 
(c) where data to be provided under 
subparagraph  [(a) and]EC,US,JPN,NOR,SWI
 (b) is not available, estimates shall 
be provided.  
  
 5. ... To the extent that such information is 
available, each Party shall provide statistics on the 
country of origin of products and services purchased by 
its entities.  With a view to ensuring that such statistics 
are comparable, the Committee shall provide guidance 
on methods to be used.  With a view to ensuring effective 
monitoring of  procurement covered by this Agreement, 
the Committee may decide unanimously to modify the 
requirements of subparagraphs (a) through (d) as 
regards the nature and the extent of statistical 
information to be provided and the breakdowns and 
classifications t o be used.  
 
6. Where a Party publishes its statistics on an 
official website, the Party may substitute a notification 
of the website address for the submission of the data, 
with any instructions necessary to access and use such 
statistics.  
  
7. 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 of the website 
address for the submission of the data, with any 
instructions necessary to access and use such data.  
  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIV 
Disclosure of Information  
  
Provision of Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
 
1. On request of any other Party, a Party shall 
provide promptly any information necessary to 
determine whether the procurement was conducted 
fairly, impartially and in accordance with the 
Agreemen t, including information on the 
characteristics and relative advantages of the 
successful tender.  In cases where release of this 
information would prejudice competition in future 
tenders, the Party that receives that information shall 
not disclose it to an y supplier, except after consultation 
with, and agreement of, the Party that provided the 
information.  
 2. The government of an unsuccessful tenderer 
which is a Party to this Agreement may seek, without 
prejudice to the provisions under Article  XXII, such 
additional information on the contract award as may be 
necessary to ensure that the procurement was made 
fairly and impartially.  To this end, the procuring 
government shall provide information on both the 
characteristics and relative advantages of the winn ing 
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 entitie s and their individual 
contract awards shall be provided, upon request, to 
any other Party.  
 
2. Notwithstanding any other provision of the 
Agreement, a Party, including its procuring entities, 
may not provide information to a particular supplier 
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 sha ll 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 
informati on on the contract award, contained in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular ent erprises, public or private, or might 
prejudice fair competition between suppliers.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Nothing in the Agreement shall be construed 
to require a Party, including its procuring entities, 
authorities, and review bodies, to release confidential 
information under the Agreement where release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition 
between suppliers;  
 
(c) would prejudice the legitimate 
commercial interests, including the 
protection of intellectual property, of 
particular persons;  or 
 
(d) would otherwise be contrary to the 
public interest.  
 
[4. Information subject to paragraph  3 shall be 
made available to an authority or review body under 
Article  XVIII or a panel under Article  XIX where it is 
determined by the authori ty, review body or panel that 
such information is necessary for it to decide the 
outcome of a challenge or a dispute.  Any information 
subsequently made available pursuant to this 
paragraph shall be subject to procedures to ensure that 
its confidentiality i s preserved.]EC 
 Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest of particular 
enterprises, public or private, or might prejudice fair 
competition between suppliers shall not be revealed 
without formal authorization from the party providing 
the information.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, conta ined in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or  might 
prejudice fair competition between suppliers.  
 
 
Article  XV 
Developing Countries  
  
Article V  
Special and Differential Treatment for Developing 
Countries  
 
1. In negotiations on accession to, and in the 
implementation and administration of, the Agreement, 
the Parties shall take special consideration of 
developing countries' and least -developed countries' 
(collectively referred to hereafter as "developing 
countries", unless specifically identified otherwise) 
development, financial and trade needs and 
circumstances, recognizing that these may differ 
significantly from country to country.  In this context, 
the Parties shall give due consideration to requests by 
a developing country for transitional measures with 
regard to its market access commitments  under 
paragraph  3, as well as its implementation of the 
[procedural obligations of the]US,CDA,JPN Agreement 
under paragraph  6. [As provided for in this Article, the 
Parties shall accord special and differential treatment 
to: 
 
 (a) least-developed countrie s; and 
 
 (b) any other developing country, where 
and to the extent that this special 
and differential treatment meets its 
development needs.]EC,HKC,NOR,SWI,KOR 
 Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, throu gh 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: ...  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (a) safeguard their balance -of-
payments position and ensure a 
level of reserves adequate for the 
implementation of programmes of 
economic development;  
 
 (b) promote the establishment or 
development of domestic industries 
including the development of small -
scale and cottage in dustries in rural 
or backward areas; and economic 
development of other sectors of the 
economy;  
 
 (c) support industrial units so long as 
they are wholly or substantially 
dependent on government 
procurement;  and 
 
 (d) encourage their economic 
development th rough regional or 
global arrangements among 
developing countries presented to 
the Ministerial Conference of the 
World Trade Organization 
(hereinafter referred to as the 
"WTO") and not disapproved by it.  
 
[2. Each Party shall provide immediately to the 
goods, services and suppliers of the developing country 
the most favourable treatment offered by that Party 
under Appendix  I upon accession of the developing 
country[, unless the developing country has scheduled 
transitional measures other than price prefe rences or 
offsets].EC,SWI,KOR]EC,NOR,SWI,KOR,HKC 
 
[2bis. Upon accession by a developing country to the 
Agreement, each Party shall provide immediately to 
the goods, services, and suppliers of that country the 
most favourable coverage that the Party provide s 
under Appendix  I to any other Party to the Agreement, 
[unless the developing country has scheduled 
transitional measures other than price preferences, 
and]US subject to any terms negotiated between that 
Party and the developing country in order to mainta in 
an appropriate balance of opportunities under the 
Agreement.]US,CDA,JPN 
 2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, fa cilitate 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 
countries to be covered by the provisions of this 
Agreement.  Developed countries, in the preparation of 
their coverage lists under the provisions of this 
Agreement, shall endeavour to include entities 
procuring products and services of export interest to 
developing cou ntries.  
 
Special Treatment for Least -Developed Countries  
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Dev eloping Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those 
Parties with respect to products or services originating 
in those Parties, in the context of any general or 
specific m easures in favour of developing country 
Parties.  A Party may also grant the benefits of this 
Agreement to suppliers in least -developed countries 
which are not Parties, with respect to products or 
services originating in those countries.  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Based on its de velopment needs, and with the 
agreement of the Parties, a developing country may, 
upon its accession to the Agreement, adopt or retain 
one or more of the following transitional measures, in 
accordance with a phase -out schedule, set out in an 
Annex to its A ppendix  I, and in a manner that does not 
discriminate among the Parties:  
 
(a) a price preference programme, 
provided that the programme:  
 
(i) provides a preference only 
for the part of the tender 
incorporating goods or 
services originating in the 
developing country applying 
the preference or goods or 
services originating in other 
developing countries that 
have preferential 
agreements with the 
developing country applying 
the preference;  and 
 
(ii) is transparent, and the 
preference and its 
applicatio n in the 
procurement are clearly 
described in the notice of 
intended procurement and 
the notice inviting suppliers 
to apply for participation in 
procurement covered by the 
Agreement;  
 Agreed Exclusions  
4. A developing country may negotiate with 
other parti cipants in negotiations 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 o f 
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 subparagrap h 1(d) 
may also negotiate exclusions to its lists, having 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 p articular, 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.  
 
(b) an offset, provided that any 
requirement for, or consideration of, 
the imposition of the offset is clearly 
stated in the notice of intended 
procurement and the notice inviting 
suppliers to apply for participation in 
procurement covered by the 
Agreement;  
 Article XVI  
2. Nevertheless, having regard to general policy 
considerations, including those relating to 
development, a developing country may at the time of 
accession negotiate conditions for the use of offsets, 
such as requirements for the incorporation of domestic 
content.  Such requirements shall be used only for 
qualification to participate in the procurement process 
and not as criteria for awarding contracts.  Conditions 
shall be objective, clearly defined and non -
discriminatory.  They shall be set forth in the coun try'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 and other do cumentation.  
 
(c) the phased -in addition of specific 
entities or sectors;  and 
  
(d) a transitional threshold that is 
higher than its permanent 
threshold.  
  GPA/TN1994/4/Rev.8  
 
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4. Where the Parties have agreed to transitional 
measures [other than price preferences [or 
offsets]EC,SWI,ISR]EC,SWI,US under paragraph  3 for a 
developing country other than a least -developed 
country, any Party may limit the scope of coverage that 
the Party provides to that country during the 
application of the transitional measu res in order to 
maintain an appropriate balance of opportunities under 
the Agreement.  Any such limitations shall be clearly 
identified in the Committee's accession decision and in 
each Party's Annexes or Notes to Appendix  I. [NB: 
Canada;  Norway;  and Hong K ong, China suggest 
to delete this paragraph because of 
paragraph  2.] 
 Article V  
2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement , facilitate increased 
imports from developing countries, bearing in mind the 
special problems of least -developed countries and of 
those countries at low stages of economic 
development.  
 
Coverage  
3. With a view to ensuring that developing 
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 dev eloping 
countries to be covered by the provisions of this 
Agreement.  Developed countries, in the preparation of 
their coverage lists under the provisions of this 
Agreement, shall endeavour to include entities 
procuring products and services of export inter est to 
developing countries.  
 
Special Treatment for Least -Developed Countries  
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller  
Participation of Developing Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those 
Parties with respect to products or services originating 
in those Parties, in the context of any general or 
specific measures in favour of developing country 
Parties.  A Party may also grant the benefits of this 
Agreement to suppliers in least -developed countries 
which are not Parties, with respect to products or 
services originating in those countries . 
 
[5. The agreed -upon transition period shall not 
exceed 10  years for developing countries and 20  years 
for least -developed countries.]EC,SWI,KOR  
PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. In order for a developing country to bring its 
measures into conformity with the Agreement, it  may, 
with the agreement of the Parties, apply a specified 
implementation period, which shall be:  
 
(a) for a least -developed country, 
[three]US,CDA years upon its 
accession to the Agreement;  and 
 
(b) for any other developing country, 
the period necessary to adopt 
measures relating to [specific 
procedural obligations of]CDA,JPN,US 
the Agreement,  
 
provided that the developing country complies with 
Article  III:1(b) . 
  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Any developing country that has been 
permitted to apply an implementation period under 
paragraph  6 shall list in an Annex to its Appendix  I the 
implementation period, and where applicable, specific 
procedural obligations and any interim measures that 
it will take with regard to those obligati ons. 
  
8. After the Agreement has entered into force for 
a developing country, the Committee, on request of the 
developing country[, and with a three -fourths majority 
vote,]EC,NOR,SWI,KOR may: 
(a) extend the transition period for 
measures permitted under 
paragraph  3 or the implementation 
period permitted under paragraph  6 
where a developing country 
demonstrates a need for the 
extension;  or 
 
(b) approve the application of new 
transitional measures that are set 
out in paragraph  3, in special 
circumstances 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 entitie s, products or 
services that are included in its coverage lists, having 
regard to the particular circumstances of each case and 
taking duly into account the provisions of 
subparagraphs  1(a) through 1(c).  After entry into force 
of this Agreement, a developi ng 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 r egard to the particular circumstances of each 
case and taking duly into account the provisions of 
subparagraph  1(d). Each request to the Committee by 
a developing country Party relating to modification of a 
list shall be accompanied by documentation releva nt to 
the request or by such information as may be 
necessary for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
 
9. At the end of the transition period for 
measures permitted under paragraph  3, the 
implementation period permitted under paragraph  6, 
and any extensions permitted under paragraph  8, the 
developing country shall fully comply with the 
Agreement.  
  
10. A developing country ben efiting from a 
transitional measure provided for in paragraphs  3 or 8, 
or an implementation period provided for in 
paragraph  6, or any extension thereof under 
paragraph  8 shall take such steps as may be necessary 
to ensure the fulfilment of all of its obli gations at the 
end of any such period.  The developing country shall 
notify the Committee of such steps, including any 
special technical cooperation and capacity building 
needs.  
  
11. During a developing country's accession 
process or after the entry into force of the Agreement 
for that country, the Parties shall give due 
consideration to any request by such country for 
technical cooperation and capacity building in relation 
to that country's implementation of the Agreement.  
 Technical Assistance for D eveloping 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 assista nce, which shall be provided on 
the basis of non -discrimination among developing 
country Parties, shall relate, inter alia, to: 
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 - 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 ma de 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 o r services which are the subject of the 
intended procurement.  
 
[12. Notwithstanding the other provisions in this 
Article, the Parties may provide special market access 
opportunities for least -developed countries that are not 
Parties to the Agreement, but that agree to apply 
transparent procedures that are generally consistent 
with the Agreement.]US 
 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.  
 
13. The Committee shall review the operation and 
effectiveness of this Article every five years.  
 Article  V 
7. Such agreed exclusions as mentioned in 
paragraphs 4, 5 and 6 shall be subject to review in 
accordance with the provisions of paragraph  14 below.  
 
Review  
14. The Committee shall review annually the 
operation and effectiveness of this Article and, after 
each three years of its operation on the basis of reports 
to be submitted by Parties, shall carry out a major 
review in order to evaluate its effects.  As part of the 
three -yearly reviews and with a view to achieving the 
maximum implementation of the provisions of this 
Agreement, including in particular Article  III, and 
having re gard to the development, financial and 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 exten ded. 
 
 15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph 7 of 
Article XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, financial 
and trade situation.  
 GPA/TN1994/4/Rev.8  
 
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Article  XVI 
Exceptions to the Agreement  
  
Article  XXIII 
Exceptions to the Agreement  
 
1. Nothing in the Agreement shall be construed 
to prevent any Party from taking any action or not 
disclosing any information that it considers necessary 
for the protection of its essential security interests 
relating to the procurement of arms, ammunition or 
war materials, or to procurement indispensable for 
national security or for national defence purposes.  
 1. Nothing in this Agreement shall be construed 
to prevent any Party from taking any action or not 
disclosing any information which it considers necessary 
for the protection of its essential security interests 
relating to the procurement of arms, ammunition or w ar 
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 restriction on 
international trade, nothing in the Agreement shall be 
construed to prevent any Party from imposing or 
enforcing measures:  
 
(a) necessary to protect public moral s, 
order or safety;  
 
(b) necessary to protect human, 
animal or plant life or health;  
 
(c) necessary to protect intellectual 
property;  or 
 
(d) relating to goods or services of 
handicapped persons, of 
philanthropic institutions or of 
prison labour.  
 
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to protect 
human, animal or plant life or health.]US,CDA [NB: 
Japan;  Norway;  and Hong Kong, China can join a 
consensus on this paragraph.]  
 2. Subject to the requirement that such 
measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable 
discrimination between countries where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shal l 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 property;  or relating to the 
products or services of handicapped persons, of  
philanthropic institutions or of prison labour.  
[4. Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to untying of such 
aid, the Agreement does not apply to procurement 
made  in furtherance of tied aid to developing countries 
so long as it is practised by Parties.]JPN,KOR,CDA,US [NB: 
Location needs to be reconsidered.  Norway;  
Hong Kong, China;  and Switzerland propose to 
delete this paragraph.]  [Market Access Issue ] 
 Notes  
 
Article  1, paragraph  1 
 Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect to the 
untying of such aid, this Agreement does not apply to 
procurement made in furtherance of tied a id to 
developing countries so long as it is practised by 
Parties.  
 GPA/TN1994/4/Rev.8  
 
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Article  XVII  
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 (referred to generally in this Article as 
"modification") of Appendices I through IV.  The Party 
proposing the modification ("modifying Party") shall 
include in the notificatio n: 
 
[(a) for any proposed withdrawal of an 
entity from Appendix  I in exercise of 
its rights on the grounds that 
government control or influence over 
it has been effectively eliminated, 
[including by virtue of 
liberalization,]EC,NOR,SWI evidence that 
such g overnment control or influence 
has been effectively eliminated, 
including information that 
addresses, as appropriate, the 
indicative criteria developed by the 
Committee in accordance with 
paragraph  15; or] [NB: The 
bracketed language and the 
indicative cri teria are market 
access issues.]  
 
(b) for any other proposed modification, 
information as to the likely 
consequences of the change for the 
mutually agreed coverage provided 
in the Agreement.  
 
[2. Where a Party uses a method other than a list 
of specific entities to identify its covered entities in 
[[Annex  1,] Annex  2 and]CDA,JPN Annex  3 of Appendix  I 
to the Agreement, the Party shall notify, at least 
annually in accordance with paragraph  1, all proposed 
modifications to the covered entities that are within the 
scope of the entities generally described or referred to 
by the Party in the Annexes.  Where no such 
modifications are contemplated a nil report will be 
provided.]CDA,JPN,US  [NB: The EC, Switzerland and 
Norway consider that this paragraph is a market 
access issue.]  
 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 t o 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 t hat government control or influence 
over it has been effectively eliminated, that 
Party shall notify the Committee. …  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
3. A Party whose [rights]US,EC,NOR,JPN [benefits]CDA 
under the Agreement may be affected by[, or who has 
a systemic interest relating to,]CDA a proposed 
modification notified under paragraph  1 shall notify the 
Committee of any objection to the proposed 
modification within 45  days from the date of the 
circul ation to the Parties of the notification.  The 
notification shall set out reasons for the objection.  The 
modifying Party and the objecting Party shall seek to 
resolve the objection through consultations.  
 
4. In such consultations, the Parties concerned 
shall consider the proposed modification and, in  the 
case of a notification under paragraph  1(b), any claim 
for compensatory adjustments, with a view to 
maintaining a balance of rights and obligations and a 
comparable level of mutually agreed coverage 
provided  in the Agreement prior to such notification.  If 
the modifying Party and the objecting Party are able to 
resolve the objection through consultations, and the 
modifying Party revises its proposed modification as a 
result of those consultations, the modifyin g Party shall 
notify the Committee in accordance with paragraph  1, 
and any such revised modification shall only be 
effective after fulfilling the requirements of this Article.  6. Rectifications or Modifications  
 
(a) ... The Committee shall consider the pro posal 
and any claim for compensatory adjustments, 
with a view to maintaining a balance of rights 
and obligations and a comparable level of 
mutually agreed coverage provided in this 
Agreement prior to such notification.  
 
Arbitration  
 
5. If the modifying Party and an objecting Party 
are unable to reach agreement within 110  days from 
the end of the objection period in paragraph  3, or at 
any earlier date agreed by the Parties, the modifying 
Party or any objecting Party may refer the matter to 
arbitration, by notifying the Committee. 
 
[6. Arbitration pursuant to this Article shall be the 
exclusive means to resolve any 
[dispute][disagreement] arising with respect to the 
conformity of a proposed modification with this Article, 
the level of compensatory  adjustment necessary to 
maintain the balance of rights and obligations and a 
comparable mutually agreed coverage provided in the 
Agreement consequent upon a modification made 
pursuant to this Article, or the withdrawal of 
substantially equivalent benefits  pursuant to 
paragraph  [9].]ISR 
 
7. Where more than one Party requests 
arbitration relating to a proposed modification, a single 
arbitration shall be established whenever feasible.  
 6. Rectifications or Modifications  
 
(a) ... In the event of agreement not being 
reached, the matter may be pursued in 
accordance with the provisions contained in 
Article XXII.  
 
(b) … In the event of an objection, the matter 
may be pursued in accordance with the 
procedures on consultations and dispute 
settlement contained in Article  XXII. In 
considering the proposed modification to 
Appendix I and any consequential 
compensatory adjustment, allowance shall be 
made for the market -opening effects of the 
removal of government control or influence.  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
8. Any Party having a substantial interest in a 
matter brought to arbitration and having notified its 
interest to the Committee (referred to hereafter as 
"third party") shall have an opportunity to be heard by 
the arbitrator and to make written submissions to the 
arbitrator.  These submissions shall also be given to the 
parties to the arbitration and shall be reflected in the 
arbitration report.  
 
9. The arbitrator shall determine:  
 
 (a) in the case of a proposed withdrawal 
under paragraph  1(a), whether 
government control  or influence over 
the entity proposed to be withdrawn 
has been effectively eliminated;  or 
 
 (b) in the case of any other proposed 
modification, whether the proposed 
modification would result in a level of 
coverage comparable to, or greater 
than, the level  of mutually agreed 
coverage provided in the Agreement 
and would otherwise maintain the 
balance of rights and obligations 
under the Agreement.  
 
[10. Where the arbitrator makes a negative 
determination under paragraph  9 (a) or (b), upon the 
request of the m odifying Party, the arbitrator shall 
determine the level of compensatory adjustment that 
would result in a comparable level of coverage and 
maintain the balance of rights and obligations under 
the Agreement.  If the modifying Party revises its 
proposed modi fication based on this determination, 
it 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.]EC,US 
 
11. The modifying Party shall submit to the 
arbitrator prima facie evidence in support of its 
proposed modification.  
 
12. The arbitrator shall issue a reasoned 
determination to the parties to the arbitration and to 
the Committee within 90  days of the appointment of 
the arbitrator.  [If the modifying Party requests a 
determination on the level of compensatory 
adjustments, the arbitrator shall issue the 
determination within 90  days of the request.  The 
arbitrator's determination shall be promptly circulated 
to the Parties.]EC,US 
 
[13. Any party  to an arbitration [pursuant to 
paragraph  9(a)] may appeal the arbitrator's 
determination to the Appellate Body in respect of 
issues of law [covered in the determination and]CDA,US,EC 
[or]ISR legal interpretation developed by the arbitrator 
within [30/60]  days of the circulation of the 
determination to the Parties.  The provisions of the DSU 
relating to an appeal shall apply mutatis mutandis  to 
an appeal brought under this provision.  [Third parties, 
having participated in the arbitration, may make 
written su bmissions to, and be given an opportunity to 
be heard by, the  Appellate Body.]EC,US]EC,ISR,US [NB: All 
Parties are reflecting on the need for appeals.]   GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Implementation  
 
14. A proposed modification shall become 
effective only where:  
 
(a) no Party submits t o the Committee a 
written objection to the proposed 
modification within 45  days from the 
date of circulation of the notification 
of the proposed modification to the 
Parties to the Agreement under 
paragraph  1; 
 
(b) each objecting Party has notified the 
Committee that it withdraws its 
objection to the proposed 
modification;  
 
(c) no Party refers the matter to 
arbitration within 120  days from the 
end of the objection period in 
paragraph  3; or 
 
(d) an arbitrator has determined that:  
 
(i) in the case of a pro posed 
withdrawal under 
paragraph  1(a), 
government control or 
influence over the entity has 
been effectively eliminated;  
or 
 
(ii) in the case of any other 
proposed modification, the 
proposed modification 
would result in a level of 
coverage comparable to the  
level of mutually agreed 
coverage provided in the 
Agreement and would 
otherwise maintain the 
balance of rights and 
obligations under the 
Agreement.  
 
[14bis. If in the case of a proposed withdrawal under 
paragraph  1(a), an arbitrator determines that 
government control or influence has not been 
effectively eliminated, the modification shall become 
effective only where the parties to the arbitration agree 
on compensatory adjustments.  Where the modifying 
Party offers compensation, but there is disagreeme nt 
as to the level of compensatory adjustment which 
would result in a level of coverage comparable to the 
level of mutually agreed coverage provided in the 
Agreement, any party to the original arbitration may 
request the arbitrator to determine the level o f 
compensatory adjustment.  The arbitrator shall issue a 
reasoned determination to the parties to the arbitration 
and to the Chairman of the Committee, within 60  days 
of the request.]NOR 
 6. Rectifications or Modifications  
 
(a) ... If the rectifications, transfers or other 
modifications are of a purely formal or minor 
nature, they shall become effective provided 
there is no objection within 30  days. ...  
 
(b) ... Such modification shall become effective 
the day after the end of 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/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Committee Responsibilities  
 
15. The Committee shall develop working 
procedures for arbitrations under this Article, criteria 
that indicate the effective elimination of government 
control or influence over an entity, and criteria that 
indicate how to determine the level of compensatory 
adjustment to be offered for modifications made 
pursuant to this provisi on.1 
 
Footnote  
1. The Parties will agree upon the indicative 
criteria before the conclusion of the GPA 
review/negotiations.  
 6. Rectifications or Modifications  
 
(a) ... In other cases, the Chairman of the 
Committee shall promptly convene a meeting 
of the C ommittee. ...  
 
(b) ... Such modification shall become effective 
the day after the end of the following meeting 
of the Committee, provided that the meeting 
is no sooner than 30 days from the date of 
notification and no objection has been made. 
... 
 
 
Article  XVIII  
Domestic Review Procedures for Supplier 
Challenges  
  
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 [breach of]EC,KOR,NOR [[, or]US,JPN,KOR the 
conformity of a Party's measures implementing,]US,CDA 
the Agreement arising in the context of a covered 
procurement, in which it has, or has had, an interest.  
The procedural rules for all  challenges shall be in 
writing and made generally available.  
 Challenge  
2. Each Party shall provide non -discriminatory, 
timely, transparent and effective procedures enabling 
suppliers to challenge alleged breaches of the 
Agreement arising in the context of procurements in 
which they have, or have had, an interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
 
2. In the event of a complaint  by a supplier [that 
there has been a breach of the Agreement ari sing in 
the context of a covered procurement in which the 
supplier has, or has had, an interest]EC,NOR [[, 
or]KOR,US,JPN that the conduct of the procurement, in 
which the supplier has, or has had, an interest, fails to 
conform to a Party’s measures impleme nting the 
Agreement]US,CDA, each Party shall encourage the 
procuring entity and 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 prejudicial neither 
to the supplier's participation in ongoing or future 
procurement nor to the supplier's rights to seek 
corrective measures under the administrative or 
judicial review procedure.  
 Consultations  
1. In the event of a complaint by a supplier that 
there has been a breach of this Agreement in the 
context of a procurement, each Party shall encourage 
the supplier to seek resolution of its complaint in 
consultation with the procuring entity. In such 
instances the procuring e ntity 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 and sub mit 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 an d 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 challenges  of suppliers arising in the context of 
a covered procurement. 
 6. Challenges shall be heard by a court or b y an 
impartial and independent review body with no interest 
in the outcome of the procurement and the members 
of which are secure from external influence during the 
term of appointment. ...  
 
5. Where a body other than an authority referred 
to in paragraph  4 initially reviews a challenge, the 
Party shall ensure that the supplier may appeal the 
initial decision to an impartial administrative or judicial 
authority that is independent of the procuring entity 
that is the subject of a challenge.   GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
6. A review b ody that is not a court shall either 
be subject to judicial review or shall have procedures 
which provide that:  
 6. ... A review body which is not a court shall 
either be subject to judicial review or shall have 
procedures which provide that:  
 
(a) the procuring entity shall respond in 
writing to the challenge and disclose 
all relevant documents to the review 
body;  
  (e) opinions or decisions are given in 
writing with a statement describing 
the basis for the opinions or 
decisions;  
 
 ... 
 
 (g) documents are disclosed to the 
review body.  
 
(b) the participants to the proceedings 
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 decis ion is 
reached;  
 
(c) the participants to the proceedings 
shall have the right to be 
represented and accompanied;  
  (b) participants can be represented and 
accompanied;  
 
(d) the participants to the proceedings 
shall have access to all proceedings;  
  (c) participants shall have access to all 
proceedings;  
 
(e) the participants to the proceedings 
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) decisions or recommendations 
relating to supplier challenges shall 
be provided, in a timely fashion, in 
writing, with an explanation of the 
basis for each decision or 
recommendation.  
  (f) witnesses can be presented;  
 
7. Each Party shall adopt or maintain procedures 
that provide for:  
 7. Challenge procedures shall provide for:  
 
(a) rapid interim measures to preserve 
the supplier's opportunity to 
participate in the procurement.  Such 
interim measures may result in 
suspension of the procurement 
process.  However, [a review 
body/procuring entity may decide 
not to apply an interim measure if 
such a measure would have 
overriding adverse effects on the 
interests concerned, including the 
interests of the public.  In such 
circumstances, the review 
body/procuring entity shall provide 
in writing just cause for not acting]US 
[procedures may provide that 
overriding adverse consequences for 
the interests concerned, including 
the public interest, may be taken into 
account when deci ding whether such 
measures should be applied.  In such 
circumstances, just cause for not 
acting shall be provided in writing];  
and  (a) rapid interim measures to correct 
breaches of the Agreement and to 
preserve 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;  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
  (b) an assessment and a possibility for a 
decision on the justification of the 
challenge;  
 
(b) [corrective action to address any 
failure, as determined by a review 
body, of a procuring entity to 
conform to its measures 
implementing]US [correction of the 
breach of]EC,NOR the Agreement or 
compensation for the loss or 
damages suffered, which may be 
limited to [either]HKC the costs for the 
preparation of the tender or th e costs 
relating to the challenge.  
  (c) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which may 
be limited to costs for tender 
preparation or protest.  
 
 8. With a view to the preservation of the 
commercial and other interests involved, the challenge 
procedure shall normally be completed in a timely 
fashion.  
 
 
Article  XIX 
Consultations and Dispute Settlement  
  
Article XXII  
Consultations and Dispute Settlement  
 
1. Each Party shall accord sympathetic 
consideration to, and shall afford adequate opportunity 
for, consultation regarding such representations as 
may be made by another Party with respect to any 
matter affecting the operation of the Agreement.  
 2. ... Any Party thus approached shal l give 
sympathetic consideration to the representations or 
proposals made to it.  
2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under the 
Agreement is being nullified or impaired, or that the 
attainment of any object ive of the Agreement is being 
impeded as the result of the failure of another Party or 
Parties to carry out its obligations under the 
Agreement[, or the application by another Party or 
Parties of any measure, whether or not it conflicts with 
the provisions  of the Agreement,]CDA,JPN,US it may with a 
view to reaching a mutually satisfactory resolution of 
the matter, have recourse to the provisions of the 
Understanding on Rules and Procedures Governing the 
Settlement of Disputes (hereinafter referred to as "th e 
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 
Agreement, or the application by another Party or 
Parties of any measure, whether or not it conflicts with 
the provisions of this Agreement, it may with a view to 
reaching a mutually satisfactory resolution of the 
matter, make written representations or proposals to 
the other Party or Parties which it considers to be 
concerned. Such action shall be promptly notified to 
the Dispute Settlement Body established under the  
Dispute Settlement Understanding (hereinafter 
referred to as "DSB"), as specified below.  ... 
 
3. The Dispute Settlement Understanding 
applies to consultations and the settlement of disputes 
under the Agreement, with the following modifications:  
 1. The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") shall be 
applicable except as otherwise specific ally provided 
below.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(a) other Parties to the Agreement with a 
substantial trade interest in the 
consultations may request to be 
joined in the consultations;]EC 
 
[(b) in the case of a dispute in which 
provisions of the Agreement and of 
one or more other  Agreements listed 
in Appendix  1 of the Dispute 
Settlement Understanding are 
invoked by one of the parties to the 
dispute, only a Member of the WTO 
that is a Party to this Agreement 
may, with respect to those parts of 
the dispute concerning the 
Agreement:  
 
 (i) participate in decisions or 
actions of the Dispute 
Settlement Body;  and 
 
 (ii) exercise third party rights 
during consultations, panel, 
and Appellate Body 
procedures;]JPN,EC,US 
 
  3. The DSB  shall have the authority to establish 
panels, adopt panel and Appellate Body reports, make 
recommendations or give rulings on the matter, 
maintain surveillance of implementation of rulings and 
recommendations, and authorize suspension of 
concessions and o ther obligations under this 
Agreement or consultations regarding remedies when 
withdrawal of measures found to be in contravention 
of the Agreement is not possible, provided that only 
Members of the WTO Party to this Agreement shall 
participate in decision s or actions taken by the DSB 
with respect to disputes under this Agreement.  
 
 
[(c) each panel established by the 
Dispute Settlement Body to examine 
disputes under the Agreement 
should include at least one person 
qualified in the area of government 
procur ement, unless the parties to 
the dispute agree 
otherwise ;]US,CDA,JPN and 
 5. Panels established by the DSB  to examine 
disputes under this Agreement should include persons 
qualified in the area of government procurement.  
 
 6. Every effort shall be made to accelerate the 
proceedings to the greatest extent possible. 
Notwithstanding the provisions of paragraphs 8  and 9 
of Article 12 of the Dispute Settlement Understanding, 
the panel shall attempt to provide its final report to the 
parties to the dispute not later than four months, and 
in case of delay not later than seven months, after the 
date on which the compos ition and terms of reference 
of the panel are agreed. Consequently, every effort 
shall be made to reduce also the periods foreseen in 
paragraph 1 of Article 20 and paragraph 4 of Article 21 
of the Dispute Settlement Understanding by two 
months. Moreover, n otwithstanding the provisions of 
paragraph 5 of Article 21 of the Dispute Settlement 
Understanding, the panel shall attempt to issue its 
decision, in case of a disagreement as to the existence 
or consistency with a covered Agreement of measures 
taken to co mply with the recommendations and 
rulings, within 60 days.  
 
 (d) 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 7. Notwithstanding paragraph  2 of Article  22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix  1 to 
the Dispute Settlement Understanding other than this 
Agreement shall not result in the suspension of 
concessions or other obligations under this Agreement, 
and any dispute arising under this Agreement sha ll not 
result in the suspension of concessions or other 
obligations under any other Agreement listed in the 
said Appendix  1. 
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Agreement shall not result in the 
suspension of concessions or other 
obligations under any other 
Agreement l isted in the said 
Appendix  1]US,ISR,JPN,CDA,KOR. 
 
[(d) Where a Member, pursuant to Article 
22.2 DSU, requests authorization to 
suspend concessions or other 
obligations and either the violation or 
other nullification or impairment is 
under this Agreement, or the 
Member envisages suspending 
concessions or other obligations 
under this Agreement the following 
principles and procedures shall 
apply:  
 
(i) where the panel or 
Appellate Body has found a 
violation or other 
nullification or other 
impairment  under this 
Agreement, the 
complaining Party should 
first seek to suspend 
concessions or other 
obligations under this 
Agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend concessions or 
other obligations under this 
Agreemen t, and that the 
circumstances are serious 
enough, it may seek to 
suspend concessions or 
other obligations under 
another covered 
agreement;  
 
 
(ii) where the panel or 
Appellate Body has found a 
violation or other 
nullification or other 
impairment under anoth er 
covered agreement, the 
complaining Party should 
first seek to suspend 
concessions or other 
obligations under that 
agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend concessions or 
other obligations under that 
agreement , and that the 
circumstances are serious 
enough, it may seek to 
suspend concessions or 
other obligations under this 
Agreement;  
 
(iii) In applying the above 
principles, that Party shall 
take into account:  GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(a) the trade under the Agreement under 
which the p anel or Appellate Body has 
found a violation or other nullification 
or impairment, and the importance of 
such trade to that Party;  
 
(b) the broader economic elements 
related to the nullification or 
impairment and the broader economic 
consequences of the suspension of 
concession or other obligations;  
 
(iv) if that Party decides to 
request authorization to 
suspend concessions or 
other obligations pursuant 
to the second sentence of 
subparagraphs  (a) or  (b), it 
shall state the reasons 
therefore in its request.  At 
the same time as the 
request is forwarded to the 
DSB, it also shall be 
forwarded to the Committee 
and the relevant 
Councils.]EC,SWI  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. (a) In the communication referred to in 
Article  [21.3] of the DSU , the Party 
concerned shall inform the DSB 
whether it is possible to bring the 
measures found to be inconsistent 
with this Agreement into conformity 
with the Agreement.  If the Party 
concerned indicates that it is not 
possible to bring the measures found 
to be inconsistent with the 
Agreement into conformity with the 
Agreement that Party shall, 
immediately after having made that 
communication, enter into 
consultations with a view to 
developing mutually acceptable 
compensation.  
 
(b) Any Party which has entered  into 
such consultations may at any time 
request an arbitration to determine 
the level of nullification or 
impairment that was caused by the 
measure found to be inconsistent 
with the Agreement.  
 
(c) Unless a request for arbitration has 
been made, the Party  concerned 
shall, within 30  days from the 
request for consultations, submit to 
all Parties who have entered into 
such consultations, a proposal for 
mutually acceptable compensation.  
 
(d) When arbitration has been 
requested, the Party concerned shall 
submit  such a proposal within 
30 days of the award of the 
arbitrator.  Any such proposal shall be 
consistent with the award of the 
arbitrator.  
 
(e) Such arbitration shall be carried out 
by the original panel, if members are 
available, or by an arbitrator, which 
term shall be interpreted as referring 
to an individual or a group, appointed 
by the Director -General and shall be 
completed within 60  days after the 
request for arbitration.  
 
(f) If no proposal for compensation has 
been submitted within the periods 
referre d to in 
subparagraphs  (c) or (d), or if no 
agreement has been reached within 
60 days from the submission of the 
later of:  
 
(i) a proposal for mutually 
acceptable compensation;  
or 
 
(ii) such a proposal made 
subsequent to an arbitration 
award;  
 3. The DSB  shall have the authority to establish 
panels, adopt panel and Appellate Body reports, make 
recommendations or give rulings on the matter, 
maintain surveillance of implementation of rulings and 
recommendations, and authorize suspension of 
concessions and o ther obligations under this 
Agreement or consultations regarding remedies when 
withdrawal of measures found to be in contravention 
of the Agreement is not possible, provided that only 
Members of the WTO Party to this Agreement shall 
participate in decision s or actions taken by the DSB 
with respect to disputes under this Agreement.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
the complaining Party shall be entitled to request 
authorization from the DSB to suspend the application 
to the Party concerned of concessions and other 
obligations under the co vered agreements that is 
appropriate in light of the level of nullification or 
impairment that was caused by the measure.]EC 
  
 4. Panels shall have the following terms of 
reference unless the parties to the dispute agree 
otherwise within 20 days of the establishment of the 
panel:  
 
"To examine, in the light of the relevant provisions 
of this Agreement and of (name of any other 
covered Agreement cited by the parties to the 
dispute), the matter referred to the DSB by (name 
of party) in document ... and to make such 
findings as will ass ist the DSB in making the 
recommendations or in giving the rulings provided 
for in this Agreement."  
 
In the case of a dispute in which provisions both of this 
Agreement and of one or more other Agreements listed 
in Appendix  1 of the Dispute Settlement Unde rstanding 
are invoked by one of the parties to the dispute, 
paragraph 3 shall apply only to those parts of the panel 
report concerning the interpretation and application of 
this Agreement.  
 
 
Article  XX 
Institutions  
  
Article XXI  
Institutions  
Committee on Government Procurement  
  
1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established.  This Committee shall elect its own 
Chairman and shall meet as necessary, but not less 
than once a year, for the purpose of affording Parties 
the opportunity to consult on any matters relating to 
the operation of the Agreement or the furtherance of 
its objectives, and to carry out such other 
responsibilities as may be assigned to it by the Partie s. 
 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 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.  
2. The Committee may est ablish working parties 
or other subsidiary bodies that shall carry out such 
functions as may be given to them by the Committee.  
 2. The Committee may establish working parties 
or other subsidiary bodies which shall carry out such 
functions as may be given to them by the Committee.  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Observers  
  
 Article  XVII 
Transparency  
 
1. Each Party shall encourage entities to indicate 
the terms and conditions, including any deviations 
from competitive tendering procedures or access to 
challenge procedures, under which tenders will be 
entertained from suppliers situated in countries not 
Parties to this Agreement but which, with a view to 
creating transparency in their own contract awards, 
nevertheless:  
 
(a) specify their contracts in accordance 
with Article  VI (tec hnical 
specifications);  
 
(b) publish the procurement notices 
referred to in Article  IX, including, in 
the version of the notice referred to 
in paragraph  8 of Article  IX 
(summary of the notice of intended 
procurement) which is published in 
an official langu age of the WTO, an 
indication of the terms and 
conditions under which tenders shall 
be entertained from suppliers 
situated in countries Parties to this 
Agreement;  
 
(c) are willing to ensure that their 
procurement regulations shall not 
normally change during a 
procurement and, in the event that 
such change proves unavoidable, to 
ensure the availability of a 
satisfactory means of redress.  
 
3. Any WTO Member that is not a Party to the 
Agreement shall be entitled to participate in the 
Committee as an obse rver upon submission of a 
written notice to the Secretariat.  Any WTO observer 
may submit a written request to the Secretariat to 
participate in the Committee as an observer, and may 
be accorded observer status by the Committee.  
 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.  
 
 
Article  XXI 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. The Agreement shall enter into force on  [ ] for 
those WTO Members whose agreed coverage is set out 
in Annexes  1 through  [6/7] of Appendix  I, and that 
have, by signature, accepted the Agreement on  [ ], or 
have, by or on that date, signed the Agreement subject 
to ratification and have subsequently ratified the 
Agreement before  [ ]. 
 1. Acceptance and Entry into Force  
 
This Agreement shall enter into force on 1 January 1996 
for those governments8 whose agreed coverage is 
contained in Annexes 1 through 5 of Appendix I of this 
Agreement and which have, by signature, accepted the 
Agreement on 15 April 1994 or have, by that date, 
signed the Agreement subject to ratification and 
subsequently ratified t he Agreement before 1 January 
1996.  
 
Footnote  
8. For the purpose of this Agreement, the term 
"government" is deemed to include the competent 
authorities of the European Communities.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Transitional Arrangements  
 Article  XXIV 
3. Transitional Arrangements  
 
 (a) Hong Kong and Korea may delay 
application of the provisions of this 
Agreement, except Articles  XXI 
and XXII, to a date not later than 
1 January  1997.  The commencement 
date of their application of the 
provisions, if prior to 1  January  1997, 
shall be notifie d to the 
Director -General of the WTO 30 days 
in advance.  
 
 (b) During the period between the date of 
entry into force of this Agreement and 
the date of its application by 
Hong Kong, the rights and obligations 
between Hong Kong and all other 
Parties to this  Agreement which were 
on 15  April 1994 Parties to the 
Agreement on Government 
Procurement done at Geneva on 
12 April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by the 
substantive provisions of the 1988 
Agreement, including its Annexes as 
modified or rectified, which provisions 
are incorporated herein by reference 
for that purpose and shall remain in 
force until 31  December  1996.  
 
Footnote  
9. All provisions of the 1988 Agreement except 
the Preamble, Article  VII and Article  IX other than 
paragraphs 5(a) and (b) and paragraph 10.  
 
2. Between the Parties to this Agreement that 
are also Parties to the Agreement on Government 
Procurement dated 15  April 1994 ("1994  Agreement"), 
the 1994  Agreement shall cease to apply.  When all 
Parties to the 1994  Agreement have accepted this 
Agreement, the  1994 Agreement shall be terminated.  
 Article  XXIV 
3. (c) Between Parties to this Agreement 
which are also Parties to the 1988 
Agreement, the rights and obligations 
of this Agreement shall supersede 
those under the 1988 Agreement.  
 GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 (d) Article  XXII shall not enter into force 
until the date of entry into force of 
the WTO Agreement.  Until such 
time, the provisions of Article  VII of 
the 1988 Agreement shall apply to 
consultations and dispute settlement 
under this Agreement, which 
provisions  are hereby incorporated 
in the Agreement by reference for 
that purpose.  These provisions shall 
be applied under the auspices of the 
Committee under this Agreement.  
 
(e) Prior to the date of entry into force 
of the WTO Agreement, references 
to WTO bodies s hall be construed as 
referring to the corresponding GATT 
body and references to the Director -
General of the WTO and to the WTO 
Secretariat shall be construed as 
references to, respectively, the 
Director -General to the 
CONTRACTING PARTIES to GATT 
1947 and t o the GATT Secretariat.  
 
Accession  
 
3. Any Member of the WTO that is not a Party to 
the Agreement may accede to the Agreement on terms 
to be agreed between that Member and the Parties.  
Accession shall take place by deposit with the Director -
General of the WTO of an instrument of accession that 
states the terms so agreed.  The Agreement shall enter 
into force for an acceding Member on the 30th day 
following the date of its accession to the Agreement.  
 2. Accession  
 
Any government which  is a Member of the WTO, or prior 
to the date of entry into force of the WTO Agreement 
which is a contracting party to GATT  1947, and which is 
not a Party to this Agreement may accede to this 
Agreement on terms to be agreed between that 
government and the Parties.  Accession shall take place 
by deposit with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed.  The Agreement shall enter into force for an 
acceding government on the 30th day following the date 
of its accession to the Agreement.  
 
Reservations  
 
4. No Party may enter any reservation in respect 
of any provisions of the Agreement.  
 4. Reservations  
 
Reservations may not be entered in respect of any of the 
provisions of this Agreement.  
National Legislation  
 
5. Each Party shall ensure, not later than the 
date of entry into force of the Agreement for it, 
the conformity of its laws, regulations and 
administrative procedures, and the rules, procedures 
and practices applied by its procuring entities, with the 
provisions of the Agreement.  
 5. National  Legislation  
 
 (a) Each government accepting or 
acceding to this Agreement shall 
ensure, not later than the date of 
entry into force of this Agreement for 
it, the conformity of its laws, 
regulations and adm inistrative 
procedures, and the rules, procedures 
and practices applied by the entities 
contained in its lists annexed hereto, 
with the provisions of this Agreement.  
 
6. Each Party shall inform the Committee of any 
changes in its laws and regulations relevant to thd 
Agreement and in the administration of such laws and 
regulations.  
  (b) Each Party shall inform the 
Committee of any changes in its laws 
and regulations releva nt to this 
Agreement and in the administration 
of such laws and regulations.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Reports and Future Work  
 
7. The Committee shall annually inform the 
General Council of the WTO of developments relating 
to the implementation and operation of the Agreement.  
 7. Reviews, Negotiations  and Future Work  
 
 (a) The Committee shall review annually 
the implementation and operation of 
this Agreement taking into account 
the objectives thereof.  The 
Committee shall annually inform the 
General Council of the WTO  of 
developments during the periods 
covered by such reviews.  
 
8. Not later than the end of [the tenth  year] from 
the date of entry into force of the Agreement, and 
periodically thereafter, the Parties thereto shall 
undertake further negotiations, with a view to 
improving the Agreement and achieving the greatest 
possible extension of its coverage among all Parties, 
taking into consideration the needs of developing 
countries.  
 (b) Not later than the end of the third 
year from the date o f entry into force 
of this Agreement and periodically 
thereafter, the Parties thereto shall 
undertake further negotiations, with 
a view to improving this Agreement 
and achieving the greatest possible 
extension of its coverage among all 
Parties on the basis  of mutual 
reciprocity, having regard to the 
provisions of Article  V relating to 
developing countries.  
 
Article V  
15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph  7 of 
Article  XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, financial 
and trade situation.  
 
9. The Parties shall seek to avoid introducing or 
continuing discriminatory measures and practices that 
distort open procurement and shall, in the context of 
negotiations, seek to eliminate those which remain on 
the date of entry into force of the Agreement.  [NB:  
Parties will review the need for this provision at 
the end of the negotiations.]  
 Article XXIV 
7. (c) Parties shall seek to avoid introducing 
or prolonging discriminatory 
measures and practices which distort 
open procurement and shall, in the 
context of negotiations under 
subparagraph (b), seek to eliminate 
those which remain on the date of 
entry into force of this Agreement.  
 
10. Following the conclusion of the work 
programme for the harmonization of rules of origin for 
goods being undertaken under the Agreement on Rules 
of Origin in Annex  1A of the Agreement Establishing 
the World Trade Organ ization and negotiations 
regarding trade in services, the Parties shall take the 
results of that work programme and those negotiations 
into account in amending Article  [ ] as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules of origin for 
goods to be undertaken under the Agreement on Rules 
of Origin in Annex 1A of the Agreement Establishing 
the World Trade Organization (hereinafter referred to 
as "WTO Agreement") and negotiations regard ing 
trade in services, Parties shall take the results of that 
work programme and those negotiations into account 
in amending paragraph  1 as appropriate.  
 
[11. Not later than the end of the third  year from 
the date of entry into force of the Agreement, 
the Committee shall undertake further work to 
establish a common nomenclature for describing the 
subject of procurement notices and common 
standardized notices in view of improving the 
effectiveness of cross -border procurement and 
simplifying the description and content of such 
notices.]EC,SWI 
  GPA/TN1994/4/Rev.8  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Amendments  
 
12. The Parties may amend the Agreement having 
regard, inter alia , to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall [not enter into 
force for any Party until it has been accepted by such 
Party]US [take effect for the Parties that have accepted 
them upon acceptance by two thirds of the Parties and 
thereafter for each other P arty upon acceptance by 
it]EC,JPN,KOR. 
 Article XXIV  
9. Amendments  
 
 Parties may amend this Agreement having 
regard, inter alia, to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall not enter into force 
for any Party until it has been accepted by such Party.  
Withdrawal  
 
13. Any Party may withdraw from the Agreement.  
The withdrawal shall take effect upon the expiration of 
60 days from the  date the Director -General of the WTO 
receives written notice of the withdrawal.  Any Party 
may upon such notification request an immediate 
meeting of the Committee.  
 10. Withdrawal  
 
 (a) Any Party may withdraw from this 
Agreement.  The withdrawal shall 
take effect upon the expiration of 60 
days from the date on which written 
notice of withdrawal is received by 
the Director -General of the WTO.  
Any Party may upon such notification 
request an immediate meeting of the 
Committee.  
 
14. If a Party to the Agree ment ceases to be a 
Member of the WTO, it shall cease to be a Party to the 
Agreement with effect from the same date.  
  (b) If a Party to this Agreement does not 
become a Member of the WTO within 
one year of the date of entry into 
force of the WTO Agreement or 
ceases to be a Member of the WTO, it 
shall cease to be a Party to this 
Agreement with effect from the same 
date. 
 
Non-application of this Agreement between Particular 
Parties  
 
15. The Agreement shall not apply as between 
any two Parties if e ither Party, at the time it accepts or 
accedes to the Agreement, does not consent to such 
application.  
 11. Non-application of this Agreement between 
Particular Parties  
 
 This Agreement shall not apply as between any 
two Parties if either of the Parties, at the time either 
accepts or accedes to this Agreement, does not consent 
to such application.  
 
Appendices  
 
16. The Appendices to the Agreement constitute 
an integral part thereof.  
 12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes to this 
Agreement constitute an integral part thereof.  
Secretariat  
 
17. The Agreement shall be serviced by the WTO 
Secretariat.  
 13. Secretariat  
 
 This Agreement shall be serviced by the WTO 
Secretariat.  
Deposit  
 
18. The Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of the 
Agreement, of each rectification or modification thereto 
pursuant to paragraph  [ ] and of each amendment 
thereto pursua nt to paragraph  12, and a notification of 
each accession thereto pursuant to paragraph  3 and of 
each withdrawal therefrom pursuant to paragraph  13. 
 14. Deposit  
 
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly fu rnish 
to each Party a certified true copy of this Agreement, of 
each rectification or modification thereto pursuant to 
paragraph  6 and of each amendment thereto pursuant 
to paragraph  9, and a notification of each acceptance 
thereof or accession thereto pur suant to paragraphs  1 
and 2 and of each withdrawal therefrom pursuant to 
paragraph  10 of this Article.  
 GPA/TN1994/4/Rev.8  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Registration  
 
19. The Agreement shall be registered in 
accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 15. Registration  
 
 This Agreement shall be registered in 
accordance with the provisions of Article 102 of the 
Charter of the United Nations.  
Done at [ ] this  [ ] day of [ ] in a single copy in the 
English, French and Spanish languages, each text 
being authentic, except as otherwise specified with 
respect to the Appendices hereto.  Done at Marrakesh this fifteenth day of April one 
thousand nine hundred and ninety -four in a single copy, 
in the English, French and Spanish languages, each text 
being authenti c, except as otherwise specified with 
respect to the Appendices hereto.  
 
 
 
_______________  
 GPA/TN1994/4/Rev.8  
 
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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 
DRAFT TEXT (NUMBERING)  
Preamble  Preamble  
first line ("Parties to this Agreement ...") first line ("Parties to this Agreement...")  
recital  1 ("Recognizing  the need for an effective ...") recital  1 ("Recognizing  the need for an effective ...") 
recital  2 ("Recognizing  that laws ,...") recital  2 ("Recognizing  that measures ...") 
recital  3 ("Recognizing  that it is desirable ...") recital  6 ("Recognizing  the desirability of ...") 
recital  4 ("Recognizing  the need to establish ...")  
recital  5 ("Recognizing  the need to take ...") recital  5 ("Recognizing  the need to take ...") 
recital  6 ("Desiring , in accordance with ...")  
recital  7 ("Desiring  to encourage ...") recital  9 ("Desiring  to encourage ...") 
recital  8 ("Having undertaken  further 
negotiations ...") recital  10 ("Having undertaken  further ...") 
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2( a)-(b) and (d) -(e) 
footnote 1, first sentence ("For each Party,...")  Article II: 6 
footnote 1, second sentence (" ... Relevant 
thresholds  are specified in ...") Article II: 4 
paragraph 2  Article II:2( a)-(b) 
paragraph 3  Article II: 8 
paragraph 4  Article II:2( c) 
Article II: 4 
Article II  
Valuation of Contracts   
paragraph 1  Article II:9 chapeau  GPA/TN1994/4/Rev.8  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
footnote 2  Article II:2(c)  
Article II:4  
Article II:9 chapeau  
paragraph 2  Article II:9(b)(i)  
paragraph 3  Article II:9(a)  
paragraph 4 chapeau  Article II:10 chapeau  
subparagraph 4(a)  Article II:10(a)  
subparagraph 4(b)  Article II:10(b)  
paragraph 5  chapeau  Article II:11 chapeau  
subparagraph 5(a)  Article II:11(a)  
subparagraph 5(b)  Article II:11(b)  
paragraph 5, last sentence  Article II:11(c)  
paragraph 6  Article II:9(b)(ii)  
Article III  
National Treatment and Non -discrimination   
paragraph 1 chapeau  Article III:1 chapeau  
subparagraph 1(a)  Article III:1(a)  
subparagraph 1(b)  Article III:1(b)  
paragraph 2 chapeau  Article III:2 chapeau  
subparagraph 2(a)  Article III:2(a)  
subparagraph 2(b)  Article III:2(b)  
paragraph 3  Article III:7  
Article IV  
Rules of Origin   
paragraph 1  Article III:5  
paragraph 2  Article XXI:10  GPA/TN1994/4/Rev.8  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article V  
Special and Differential Treatment  
for Developing Countries   
paragraph 1 chapeau  Article XV:1  
subparagraph 1(a)   
subparagraph 1(b)   
subparagraph 1(c)   
subparagraph 1(d)   
paragraph 2  Article XV:2  
Article XV:2 bis 
Article  XV:4 
paragraph 3  Article XV:2  
Article  XV:2bis 
Article XV:4  
paragraph 4  Article XV:3(a)  
paragraph 5  Article XV:8  
paragraph 6  Article XV:3(a)  
Article XV:8  
paragraph 7  Article XV:13  
paragraph 8  Article XV:11  
paragraph 9  Article XV:11  
paragraph 10  Article XV:11  
paragraph 12  Article XV:2  
Article XV:2 bis 
Article XV:4  
paragraph 13  Article XV:11  
paragraph 14  Article XV:13  
paragraph 15  Article XXI:8  
Article VI  
Technical Specifications   GPA/TN1994/4/Rev.8  
 
- 73 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 1  Article I:(v), definition of technical specification  
Article VII:4  
paragraph 2 chapeau  Article VII:5 chapeau  
subparagraph 2(a)  Article VII:5(a)  
subparagraph 2(b)  Article VII:5(b)   
footnote 3   
footnote 4  Article I:(t), definition of standard  
paragraph 3  Article VII:6  
Article  VII:7 
paragraph 4  Article VII:8  
Article VII  
Tendering Procedures   
paragraph 1  Article II:7  
Article III:4  
Article  II:4bis 
paragraph 2  Article XIV:2 
paragraph 3 chapeau  Article I:(i), definition of limited tendering  
Article I:(n), definition of open tendering  
Article I:(r), definition of selective tendering  
subparagraph 3(a)  Article I:(n), definition of open tendering  
subparagraph 3(b)  Article I:(r), definition of selective tendering  
Article VIII:6  
subparagraph 3(c)  Article I:(i), definition of limited tendering  
Article X:1 chapeau  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:1  
paragraph (a)  Article VIII:6  
paragraph (b), first sentence  Article VIII:1  
paragraph (b), second and subsequent sentences  Article VIII:2(a)  GPA/TN1994/4/Rev.8  
 
- 74 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph (c)  Article VIII:7  
Article VIII:9  
paragraph  (c), second sentence  Article  I(q), definition of qualified supplier  
paragraph (c), last sentence  Article VIII:13(c)  
paragraph (d)  Article VIII:12  
paragraph (e)  Article VIII:13(c)  
paragraph (f), entire  Article VIII:14  
Article VIII:15  
paragraph (f), second sentence  Article VIII:10(d)  
paragraph (g) chapeau  Article VIII:5 chapeau  
subparagraph (g)(i)  Article VIII:5(a)  
subparagraph (g)(ii)  Article VIII:5(b)  
paragraph (h)  Article VIII:3  
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article V:1  
paragraph 2  Article V:1  
paragraph 3  Article V:5  
Article VIII:13 chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII:8  
Article VIII:13(a) -(b) 
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a)  Article V:2(b)  
Article V:2(c)  
Article V:2(d)  
subparagraph 6(b)  Article V:2(f)  GPA/TN1994/4/Rev.8  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(c)  Article V:2(e)  
subparagraph 6(d)  Article V:2(g)  
Article V:2(h)  
subparagraph 6(e)  Article V:2(a)  
subparagraph 6(f)  Article V:2(i)  
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)   
paragraph 7  Article V:4  
paragraph 8 chapeau  Article V:3 chapeau  
subparagraph 8(a)  Article V:3(a)  
subparagraph 8(b)  Article V:3(b)  
subparagraph 8(c)  Article V:3 (c) 
paragraph 9 chapeau  Article VIII:10 chapeau  
subparagraph 9(a)  Article VIII:10(a)  
subparagraph 9(b)  Article VIII:10(b)  
subparagraph 9(c)  Article VIII:10 (d) 
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article VIII:12(a) -(b) 
paragraph 9, final paragraph ("However, when...")  Article VIII :11 
paragraph 10  Article VII:10  
paragraph 11  Article V:2(k)  
Article VIII:8(e)  
Article X  
Selection procedures   
paragraph 1  Article VIII:7  
paragraph 2  Article VIII:7  GPA/TN1994/4/Rev.8  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article VIII:7  
Article VIII:9  
Article VIII:13(c)  
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1 
subparagraph 1(b)   
subparag raph 2(a)  Article VI:3(a)  
subparagraph 2(b)  Article  VI:2 
Article VI:3(b)   
subparagraph 2(c)  Article VI:3(b)  
subparagraphs 3(a)(i) -(iv) Article VI:4(a)(i) -(v) 
subparagraph 3(a), last sentence ("the 40 -day 
limit...")  Article VI:4 chapeau  
subparagraph 3(b)  Article VI:4(b)  
subparagraph 3(c)  Article VI:4(d)  
subparagraph 3(d)  Article VI:8  
paragraph 4  Article VII:2  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  
subpara graph 2(a)   
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   GPA/TN1994/4/Rev.8  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 2(e)  Article VII:1(f)  
subparagraph 2(f)  Article VII:1(b)  
subparagraph 2(g)  Article VII:1(a)  
subparagraph 2(h)  Article VII:1(c)  
subparagraph 2(i)  Article VII:1(g)  
subparagraph 2(j)  Article VII:1(g)  
subparagraph 2(k)   
paragraph 3  Article VII:3  
Article XIII  
Submission, Receipt and Opening of Tenders 
and Awarding of Contracts   
subparagraph 1(a)  Article XI:4  
subparagraph 1(b)  Article XI:3  
paragraph 2  Article XI:2  
paragraph 3  Article XI:1  
subparagraph 4(a), first sentence  Article XI:4  
subparagraph 4(a), second sentence  Article XI:7  
subparagraph 4(b)  Article XI:6  
subparagraph 4(c)  Article XI:4  
paragraph 5  Article XI:5  
Article XIV  
Negotiation   
paragraph 1 chapeau  Article IX:1 chapeau  
subparagraph 1(a)  Article IX:1(a)  
subparagraph 1(b)  Article IX:1(b)  GPA/TN1994/4/Rev.8  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2   
paragraph 3  Article XI:1  
Article XIV:2  
subparagraph 4(a)  Article IX:2(a)  
subparagraph 4(b)  Article VII:10  
subparagraph 4(c)  Article IX:2(b)  
subparagraph 4(d ) Article IX: 2(b) 
Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X:1 chapeau  
subparagraph 1(a)  Article X:1(a)  
subparagraph 1(b)  Article X:1(b)  
subparagraph 1(c)  Article X:1(d)  
subparagraph 1(d)  Article X:1(c)  
footnote 5  Article X:1(c)  
subparagraph 1(e)  Article X:1(f)  
footnote 6  Article X:1(f)  
subparagraph 1(f)  Article X:1(g)  
subparagraph 1(g)  Article X:1(h)  
subparagraph 1(h)  Article X:1(e)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  
paragraph 2  Article X:2  
Article XIII:3  
Article XIII: 4 GPA/TN1994/4/Rev.8  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article XVI  
Offsets   
paragraph 1  Article III:6  
paragraph 2  Article XV:3(b)  
footnote 7  Article I:(m), definition of offsets  
Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XV:12  
Article XX:3  
Article XVIII  
Information and Review as Regards 
Obligations of Entities   
paragraph 1 chapeau  Article XIII:2 chapeau  
subparagraph 1(a)  Article XIII:2(a)  
subparagraph 1(b)  Article XIII:2(b)  
subparagraph 1(c)  Article XIII:2(e)  
subparagraph 1(d)  Article XIII:2(c)  
subparagraph 1(e)  Article XIII:2(d)  
subparagraph 1(f)  Article XIII:2(f)  
subparagraph 1(g)  Article XIII:2(f)  
subparagraph 2(a)   
subparagraph 2(b)  Article VIII:14  
Article VIII:15  
subparagraph 2(c)  Article XIII:1  
paragraph 3  Article XIII:1  GPA/TN1994/4/Rev.8  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 4  Article XIV:2 
Article XIV:3  
Article XIV:4  
Article XIX  
Information and Review as Regards 
Obligations of Parties   
paragraph 1, first sentence  Article IV(a)  
paragraph 1, second sentence  Article IV(b)  
paragraph 2  Article XIV:1  
paragraph 3  Article XIV:1  
paragraph 4  Article XIV:3  
Article XIV:4  
paragraph 5 chapeau  Article XIII:5 chapeau  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XIII:5(a)  
subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XIII:5( b) 
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XIII:5(a)  
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XIII:5(b)  
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XIII:5(a)  
subparagraph 5(c), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XIII:5(b)  
subparagraph 5(d), first clause ("for entities in 
Annex  1,...")  Article XIII:5(a)  
subparagraph 5(d), second clause ("for categorie s of 
entities in Annexes 2 and 3,...")  Article XIII:5(b)  
paragraph 5, final paragraph ("To the extent 
that...")   
Article XX  
Challenge Procedures   GPA/TN1994/4/Rev.8  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 1  Article XVIII:2  
paragraph 2  Article XVIII:1  
paragraph 3  Article XVIII:1  
paragraph 4  Article XIII:3 
Article XIII:4 
paragraph 5  Article XVIII:3  
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVIII:4  
Article XVIII:5  
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVIII:6 chapeau  
subparagraph 6(a)  Article XVIII:6(b)  
subparagraph 6(b)  Article XVIII:6(c)  
subparagraph 6(c)  Article XVIII:6(d)  
subparagraph 6(d)  Article XVIII:6(e)  
subparagraph 6(e)  Article XVIII:6(a)  
subparagraph 6(f)  Article XVIII:6(f)  
subparagraph 6(g)  Article XVIII:6(a)  
paragraph 7 chapeau  Article XVIII:7 chapeau  
subparagraph 7(a)  Article XVIII:7(a)  
subparagraph 7(b)   
subparagraph 7(c)  Article XVIII:7(b)  
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XX:1  
paragraph 2  Article XX:2  GPA/TN1994/4/Rev.8  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XIX:3 chapeau  
paragraph 2, first and second sentences  Article  XIX:2  
paragraph 2, third sentence  Article XIX:1  
paragraph 3  Article XIX:3(a) -(b) 
Article XIX:4  
paragraph 4   
paragraph 5  Article XIX:3(c)  
paragraph 6   
paragraph 7  Article XIX:3(d)  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article XVI:1  
paragraph 2  Article XVI:2  
Article XVI:3  
Article XXIV  
Final Provisions   
paragraph 1  Article XXI:1  
footnote 8  Article XXI:1  
paragraph 2  Article XXI:3  
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XXI:2  
subparagraph 3(d)   GPA/TN1994/4/Rev.8  
 
- 83 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 3(e)   
paragraph 4  Article XXI:4  
subparagraph 5(a)  Article XXI:5  
subparagraph 5(b)  Article XXI:6  
subparagraph 6(a), first sentence  Article XVII:1  
Article XVII:2  
subparagraph 6(a), second sentence  Article XVII:14 -14bis 
subparagraph 6(a), third sentence  Article XVII:15 and footnote 1  
subparagraph 6(a) fourth sentence  Article XVII:3  
Article XVII:4  
subparagraph 6(a), fifth sentence  Article XVII:5 -13 
subparagraph 6(b), first sentence  Article XVII:1  
Article XVII:2  
subparagraph 6(b), second sentence  Article XVII:14 -14bis 
Article XVII:15 and footnote 1  
subparagraph 6(b), third and fourth sentence  Article XVII:5 -13 
subparagraph 7(a)  Article XXI:7  
subparagraph 7(b)  Article XXI:8  
subparagraph 7(c)  Article XXI:9  
paragraph 8  Article II:1  
Article  III:3 
Article XII  
paragraph 9  Article XXI:12  
subparagraph 10(a)  Article XXI:13  
subparagraph 10(b)  Article XXI:14 
paragraph 11  Article XXI:15 
paragraph 12  Article XXI:16 GPA/TN1994/4/Rev.8  
 
- 84 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 13  Article XXI:17 
paragraph 14  Article XXI:18 
paragraph 15  Article XXI:19 
Closing paragraph   
closing paragraph (" Done at Marrakesh...")   closing paragraph (" Done at [ ]...")  
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 XVI:4 
APPENDIX  I, ANNEX  5  
Definition  Article I:(c), definition of construction services 
contract  
 
 
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