RESTRICTED  
  
GPA/TN1994/3/Rev.12  
15 February  2006 
(24-2747) Page: 1/40 
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*,** 
CLEAN TEXT  
PREPARED BY THE SECRETARIAT  
Revision  
This note reflects the state of the negotiations on the revision of the text of the Agreement on 
Government Procurement under Article  XXIV:7 as at the end of the meeting of the Informal Group 
of the Committee on Government Procurement held in the week of 6 February  2006. 
 
In addition to the changes made during the drafting process, this text incorporates the renumbering 
of cross -references to take account of the renumbering of certain paragraphs during the drafting 
sessions . 
 
_______________  
 
* In English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs1 92) was derestricted on 8 November 2023.  GPA/TN1994/3/Rev.12  
- 2 - 
  TABLE OF CONTE NTS 
Article  I Definitions  ................................ ................................ ................................ .. 3 
Article  II Scope and Coverage  ................................ ................................ ....................  5 
Article  III General Principles  ................................ ................................ ........................  8 
Article  IV Publication of Procurement Information  ................................ ..........................  9 
Article  V Publication of Notices  ................................ ................................ ..................  10 
Article  VI Time-Periods  ................................ ................................ .............................  11 
Article  VII Information on Intended Procurements  ................................ ..........................  13 
Article  VIII Conditions for Participation  ................................ ................................ ..........  15 
Article  IX Negotiation ................................ ................................ ................................  17 
Article  X Limited Tendering  ................................ ................................ ......................  17 
Article  XI Treatment of Tenders and Contract Awards  ................................ ....................  19 
[Article  XII Use of Electronic [Auctions]US,KOR,JPN,NOR,HKC [Means]EC]EC,NOR,KOR,US ......................  20 
Article  XIII Transparency of Procurement Information  ................................ ......................  20 
Article  XIV Disclosure of Information  ................................ ................................ ............  22 
Article  XV Developing Countries  ................................ ................................ ..................  22 
Article  XVI Exceptions to the Agreement  ................................ ................................ ....... 24 
Article  XVII  Modifications and Rectifications to Coverage  ................................ ...................  25 
Article  XVIII  Domestic Review Procedures for Supplier Challenges  ................................ ....... 27 
Article  XIX Consultations and Dispute Settlement  ................................ ...........................  28 
Article  XX Institutions  ................................ ................................ ................................  31 
Article  XXI Final Provisions  ................................ ................................ ..........................  31 
 
 GPA/TN1994/3/Rev.12  
- 3 - 
  Preamble  
 
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  that measures regarding govern ment procurement should not be prepared, adopted or 
applied so as to afford protection to domestic suppliers, goods or services or discriminate among 
foreign suppliers, goods or services;  
 
Recognizing  that the integrity and predictability of government pro curement 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 Agreemen t should be sufficiently flexible 
to accommodate the specific circumstances of each Party;  
 
[Recognizing  the need to take into account the development, financial and trade needs of developing 
countries, in particular the least -developed countries;]* [NB: To be revised in light of revision 
of relevant provisions related to developing countries. ] 
 
Recognizing the desirability of transparent measures regarding government procurement and the 
importance of carrying out procurements in a transparent and impartia l manner, and avoiding 
conflict s 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  the need for pr ocuring 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  to encourage acceptance of and accession to this Agreement by WTO Members not party 
to it; 
 
Having undertaken  further negotiations in pursuance of these objectives;  
 
Hereby agree  as follows:  
 
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, faciliti es or 
other government -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 ] 
 
 
* Unattributed brackets [ ] indicates language that Parties are still considering.  GPA/TN1994/3/Rev.12  
- 4 - 
  (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 commercial 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 Classificat ion (CPC);  
 
(d) country or countries  include any separate customs territory that is a Party to th e 
Agreement.  In the case of a separate customs territory that is a Party to th e 
Agreement, where an expression in th e Agreement is qualified by the term 
"national", such expression shall be read as pertaining to that customs territory, 
unless otherwise specified;  
 
(e) days means calendar days;  
 
(f) electronic auction  means an iterative process involving the use of electr onic 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 trans mitted, conveyed 
and received by Internet, by wire, by radio, by optical means or by other 
electromagnetic  means;]EC,NOR 
 
(h) in writing  or written  means any worded or numbered expression that can be read, 
reproduced and later communicated.  It may include electronically transmitted and 
stored information;  
 
(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; 
 
(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 f or 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;  
 
(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 sim ilar actions;  
 
(n) open tendering  means a procurement method where all interested suppliers may 
submit a tender;  
 GPA/TN1994/3/Rev.12  
- 5 - 
  (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;  
 
(r) selective tendering  means a procurement me thod where only suppliers satisfying 
the conditions for participation are invited by the procuring entity to submit a tender;  
 
(s) services  includes construction services, unless otherwise specified;  
 
(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 
mandatory.  It may also include or deal exclusively with terminology, s ymbols, 
packaging, marking or labelling requirements as they apply to a product, service, 
process or production method;  
 
(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) addres ses terminology, symbols, packaging, marking or labelling 
requirements, as they apply to a good or service.  
 
Article  II Scope and Coverage  
 
Application of Agreement  
 
1. [Subject to Article  XVI, t]CDA [T]his Agreement applies to any measure regarding covere d 
procurement[, whether or not it is conducted exclusively or partially by electronic 
means] .EC,US,SWI,NOR,ISR,KOR ,JPN 
 
2. For the purposes of th e Agreement, covered procurement means procurement for  
governmental purposes:  
 
(a) of goods, services, or any c ombination thereof:  
 
(i) as specified in Appendix  I; and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the 
production or supply of goods or services for commercial sale or resale;  
 
(b) by any contractual means, including purchase;  lease;  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; GPA/TN1994/3/Rev.12  
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(d) by a procuring entity[;  and 
 
(e) that is not excluded fr om coverage by th e Agreement].US,EC,JPN,NOR,SWI,ISR,HKC ,KOR 
 
[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 o f goods and services;  
- SDR 5,000,000 for contracts for construction services.]EC,NOR 
[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 assis tance 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 t o conditions inconsistent with th e 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 ] 
 
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 
the Agreement;  
 
(b) Annex  2 specifies the sub -central government entities whose procurement is covered 
by the Agreement;  
 
(c) Annex  3 specifies all other entities whose procurement is covered by th e Agreement;  
 GPA/TN1994/3/Rev.12  
- 7 - 
  [(d) Annex  4 speci fies the goods covered by the Agreement;]US,CDA,JPN,SWI 
 
(e) Annex  [4/5] specifies the services covered by the Agreement;  
 
(f) Annex  [5/6] specifies the construction services covered by the Agreement;  and 
 
(g) Annex  [6/7] sets out the General Notes applica ble to the Annexes.  
 
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. ] 
 
8. Where a pro curing 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.  
 
Valuation  
 
9. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
 
(a) neither divide a procurement into separate procurements nor select or use a 
particular valuation method for estimating the value of a procurem ent with the 
intention of totally or partially excluding it from the application of th e Agreement;  
and 
 
(b) include the estimated maximum total value of the procurement over its entire 
duration, whether awarded to one or more suppliers, taking into account  all forms 
of remuneration, including:  
 
(i) premiums, fees, commissions, interest [and other revenue streams that may 
be provided for in such procurements] [Market Access Issue ] [NB: 
Related to B -O-T and public works concession contracts .]; and 
 
(ii) where the procurement provides for the possibility of option clauses, 
the estimated maximum total value of the procurement, inclusive of optional 
purchases.  
 
10. Where an individual requirement [for a procurement]US,CDA,HKC ,JPN results in [the award of mor e 
than one contract, or in the award of contracts 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: 
 
(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 
 
(b) the estimated aggregate value of [recurring contracts]US,CDA,HKC ,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 
 GPA/TN1994/3/Rev.12  
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  11. In the case of procurement by lease, rental or hire purchase of goods or services, or 
procur ement for which a total price is not specified, the basis for valuation shall be:  
 
(a) in the case of a fixed -term contract:  
 
(i) where the term of the contract is 12  months or less, the total estimated 
maximum value for its duration, or  
 
(ii) where the te rm of the contract exceeds 12  months, the total estimated 
maximum value, including any estimated residual value;  
 
(b) where the contract is for an indefinite period, the estimated monthly instalment 
multiplied by 48;  and 
 
(c) where there is doubt as to whe ther the contract is to be a fixed -term contract, 
subparagraph  (b) shall be used.  
 
Article  III General Principles  
 
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, in cluding its procuring entities, accords to:  
 
(a) domestic goods, services and suppliers;  and 
 
(b) goods, services and suppliers of any other Party.  
 
2. With respect to any measure and any covered procurement , a Party, including its procuring 
entities, shal l not:  
 
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basis of degree of foreign affiliation or ownership;  nor 
 
(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.  
 
[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 p revent inappropriate access to, 
requests for participation and tenders] .EC,US ,ISR]US,EC,KOR,SWI,HKC,JPN ,ISR,NOR 
 
Conduct of Procurement  
 
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;  GPA/TN1994/3/Rev.12  
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(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 fraudulent 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 fraudulent or illegal action .]US 
 
Rules of Origin  
 
5. For purposes of cove red 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 s ame goods or 
services from the same Party.  
 
Offsets  
 
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, 
take account of, impose or enforce 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 
 
Measures Not Specific to Procurement  
 
7. The provisions of paragraphs  1 and 2 shall not apply to customs duties and charges of any 
kind imposed on, or in connection with, importation, the method of levying such duties and charges, 
other import regulations or formalities, and measures affecting trade in services other than measures 
governing covered procurement.  
 
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 rega rding 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 appropriate publications 
listed in Appendix  IV; and 
 
(b) provide an explanation thereof to any Party, on request.  
 GPA/TN1994/3/Rev.12  
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  Article  V Publication of Notices  
 
Notice of 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 entities 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 acces s.]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 include s 
a link to the electronic sites of such entities.]US,JPN 
 
2. Each notice of intended procurement shall include:  
 
(a) the name and address of the procuring entity and other information necessary to 
contact the procuring entity and obtain all relevant documents relating to the 
procurement, and their cost and terms of payment, if any;  
 
(b) a description of the procurement, including the nature and the quantity of the goods 
or services to be procured or, where the quantity is not known, the estim ated 
quantity;  
 
(c) for recurring contracts, if possible, an estimate of the timing of subsequent notices 
of intended procurement;  
 
(d) a description of any options;  
 
(e) the time -frame for delivery of goods or services or the duration of the contract;  
 
(f) the procurement method that will be used and whether it will involve negotiation or 
electronic auction;  
 
(g) the address and the time -limits for the submission of tenders and, where applicable, 
any time -limits for the submission of requests for participa tion 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;  
 
(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 sup pliers by electronic means 
at the same time as the notice of intended procurement]JPN,US,CDA,EC,NOR,SWI ,KOR,ISR; 
 
(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 will 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.  GPA/TN1994/3/Rev.12  
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  Summary Notice  
 
3. For each case of inten ded 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 the WTO languages:  
 
(a) the subject -matter of the procurement;  
 
(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 
 
(c) the addresses from which documents relating to the procu rement 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.  
 
5. A proc uring entity in [Annex  2 and]US Annex  3 may use a notice of planned procurement as a 
notice of intended procurement provided that it includes as much of the information in paragraph  2 
as is available and a statement that interested suppliers should express  their interest in the 
procurement to the entity.  
 
Article  VI Time -Periods  
 
General  
 
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for 
suppliers to prepare and submit requests for participation and responsiv e tenders, taking into 
account such factors as:  
 
(a) the nature and complexity of the procurement;  
 
(b) the extent of subcontracting anticipated;  and 
 
(c) the time for transmitting tenders from foreign as well as domestic points where 
electronic means are not used.  
 
Such time -periods, including any extension of the time -periods, shall be common for all interested 
or participating suppliers.  
 
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 procurement [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.  
 
3. Except as provided for in paragraphs  4 [through  7]CDA,US,JPN, a procuring entit y shall establish 
that the final date for the submission of tenders shall not be less than 40  days from the date on 
which:  GPA/TN1994/3/Rev.12  
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(a) the notice of intended procurement is published [and the tender documentation is 
available]KOR,SWI; or [NB: The EC is considering the bracketed language. ] 
 
(b) the entity notifies suppliers that they will be invited to submit tenders, whether or 
not it uses a multi -use list.  
 
4. A procuring entity may reduce the time -period for tendering set out in paragraph  3 to not less  
than 10  days where:  
 
(a) the procuring entity published [a 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 e xpress 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;  
 
[(b) the procuring entity publishes a second or subsequent notice relating to contracts of 
a recurring nature;]CDA,US 
 
[(c) the procuring entity procures commercial goods or services, provided that the entity 
publishes by ele ctronic means at the same time the notice of intended procurement 
and the complete tender documentation;]CDA,JPN or 
 
(d) a state of urgency duly substantiated by the procuring entity renders such time -
period impracticable.  
 
5. A procuring entity may reduce  the time -period for tendering set out in paragraph  3 by 
five days for each one of the following circumstances:  
 
(a) the notice of intended procurement is published by electronic means;  
 
(b) all the tender documentation is made available by electronic mean s 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,JPN,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 ser vices and the notice of intended procurement and the tender documentation 
are published by electronic means [, and the tenders may be received by electronic means, ]EC,CDA,JPN 
the entity may reduce the time -period for tendering set out in paragraph  3 to no l ess than 
[15]EC,JPN [three]CDA days, provided such time is sufficient to allow suppliers to submit responsive 
[electronic ]EC,CDA,JPN tenders.]EC,CDA ,JPN 
 GPA/TN1994/3/Rev.12  
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  [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 publishes 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 set out in paragraph  3 to not less than ten days. ]US 
 
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 supp liers. In the absence of agreement, the period shall not be 
less than 10  days.  
 
Article  VII Information on Intended Procurements  
 
Tender Documentation  
 
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 procurement, such documentation shall include a complete description of:  
 
(a) the procurement, including the nature and the quantity of th e 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;  
 
(b) any cond itions for participation of suppliers including a list of information and 
documents that suppliers are required to submit in connection therewith;  
 
(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;  
 
(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 inf ormation 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 
 
(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.  
 
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 
subcontracting anticipated and the realistic time required for production, de -stocking and transport 
of goods from the points of sup ply or for supply of services.  
 
3. A procuring entity shall promptly:  
 
(a) provide, on request, the tender documentation to any supplier participating in the 
procurement;  and 
 GPA/TN1994/3/Rev.12  
- 14 - 
  (b) reply to any reasonable request for relevant information by a supplier parti cipating 
in the procurement, provided that such information does not give that supplier an 
advantage over its competitors in the procurement.  
 
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.  
 
5. In prescribing the technical specifications for the goods or services being procured, a procuring 
entity shall, where  appropriate:  
 
(a) specify the technical specification, in terms of performance and functional 
requirements, rather than design or descriptive characteristics;  and 
 
(b) base the technical specification on international standards, where such exist;  
otherwis e, on national technical regulations, recognized national standards 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 descriptive characteristics and are fit for the purposes intended.  
 
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, words such as "or equivalent" are inclu ded 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 technical 
specification for a specific procure ment from a person 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 sha ll transmit in writing all such 
modifications or amended or re -issued notice or tender documentation:  
 
(a) to all the suppliers that are participating at the time the information is amended, if 
known, and in all other cases, in the same manner as the origi nal information;  and 
 
(b) in adequate time to allow such suppliers to modify and re -submit amended tenders, 
as appropriate.  GPA/TN1994/3/Rev.12  
- 15 - 
  Article  VIII Conditions for Participation  
 
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.  
 
2. In assessing whether a supplier satisfies the conditions for parti cipation, 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) shall ba se 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.  
 
3. A procuring entity may exclude a supplier on grounds such as:  
 
(a) bankrup tcy; 
 
(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 or 
 
(f) failure to pay taxes.  
 
[Uniformity of Qualification Procedures  [and Registration 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,US [certain information relating to the supplier]EC.]KOR,US,EC ,NOR 
 
5. Each Party shall ens ure 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 
 
(b) its procuring entities make efforts to minimize differences in their qual ification 
procedures [and [, where applicable,]HKC,US,EC registration 
systems] .KOR,US,EC]EC,KOR,SWI,US ,NOR 
 
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 GPA/TN1994/3/Rev.12  
- 16 - 
  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 r equest for participation;  and 
 
(b) indicate the [address and the]CDA,US time-limit for submitting requests for 
participation, as provided for in Article  VI:2. 
 
7. A procuring entity shall recognize as qualified suppliers all domestic suppliers and supplier s 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 documentation,  any 
limitation on the number of suppliers that will be pe rmitted to tender and the criteria for such 
limitation.  
 
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 a vailable at the same time to all the qualified suppliers selected in accordance with 
paragraph  7. 
 
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 
consideration 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 
 
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:  
 
(a) a description of the goods and services, or categories thereof, for which the list may 
be used ; 
 
(b) the conditions for participation to be satisfied by suppliers and the methods that the 
procuring entity will use to verify a supplier's satisfaction of the conditions;  
 
(c) the name and address of the procuring entity and other information necessary  to 
contact the entity and obtain all relevant documents relating to the list;  
 
(d) the period of validity of the list and the means for its renewal or termination, or 
where the period of validity is not provided, an indication of the method by which 
notice will be given of the termination of use of the list;  and 
 
(e) an indication that the list may be used for procurement covered by th e 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 
 
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.  
 GPA/TN1994/3/Rev.12  
- 17 - 
  Annex  [2 and]US 3 Entities  [NB: The EC is questioning the need to different iate 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:  
 
(a) the notice sets out, in a ddition 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 rec eive further notice 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, including all remaining information required in 
Article  V:2, to the extent such information is available [; and 
 
(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 
 
Information on Procuring Entities' Decisions  
 
14. A procuring entity shall promptly inform any sup plier 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 
inclusion on a multi -use list , ceases to recogn ize 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 reasons for its decision.  
 
Article  IX Negotiatio n 
 
1. A Party may provide for its procuring 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 
 
(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.  
 
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 
 
(b) when negotiations are concluded, provide a common deadline for the remaining 
tenderers to submit any new or revised tenders.  
 
Article  X Limit ed 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 tendering [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:  
 GPA/TN1994/3/Rev.12  
- 18 - 
  (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 sup pliers satisfied the conditions for participation;  or 
 
(iv) where the tenders submitted have been collusive;  
 
(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;  
 
(c) for additional deliveries of goods or services by the original supplier that are intended 
either as replacement parts, extensions, or continuing ser vices 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: Switz erland notes that the relationship between (c) , (g) and (h) needs 
further scrutiny. ] 
 
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about 
by events unforeseeable by the procuring entity, the goods or services could not be 
obtained in time under tendering procedures consistent with Articles  [ ]; 
 
(e) for goods purchased on a commodity market;  
 
(f) where a procuring entity procures a prototype or a first good or service that is 
developed at its request in the course of, and for, a particular contract for research, 
experiment, study or 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 th e good or service is suitable for production 
or supply in quantity to acceptable quality standards, but does not include quantity 
production or supply to establish commercial viability or to recover research and 
development costs;  
 
(g) where additional [co nstruction]JPN,CDA,US,KOR services which were not included in the 
initial procurement but which were within the objectives of the original tender 
documentation have, through unforeseeable circumstances, become necessary to 
complete the services described t herein, and the entity needs to award contracts for GPA/TN1994/3/Rev.12  
- 19 - 
  the additional services to the contractor carrying out the services concerned since 
the separation of the additional services from the initial procurement would be 
difficult for technical or economic reas ons and cause significant inconvenience to the 
procuring entity.  However, the total value of contracts 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. ] 
 
(h) for new [construction]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 se lective 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;  
 
(i) for purchase s 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 
 
(j) in the c ase 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 th e 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.  
 
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.  
 
Article  XI Treatment of Tenders and Contract Awards  
 
Treatment of Tenders  
 
1. A procuring entity shall receive, open and treat all tenders under procedures that guarantee 
the fairness and impartiality of the procurement process, and the confidentiality of tenders. 
 
2. A procuring entity shall not penalize a ny 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.  
 
3. When a procuring entity provides suppliers with opportunities to correct unintentional er rors 
of form between the opening of tenders and the awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating suppliers.  
 
Awarding of Contracts  
 
4. To be considered for award, a tender must be in writing and m ust, at the time of opening, 
comply with the essential requirements of the notices and tender documentation and be from a 
supplier that satisfies any conditions for participation.  
 
5. A procuring entity shall not use option clauses in a manner that circumv ents the provisions of 
the Agreement.  
 GPA/TN1994/3/Rev.12  
- 20 - 
  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.  
 
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 fulfilling the terms of the contract.  
 
8. A procuring entity shall not cancel a procurement or modify awarded contracts in a manner 
that circumvents the obligations of th e 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 th e Agreement.]EC,SWI,SGP 
 
[2. When conducting covered procureme nt electronically, a procuring entity shall:  
 
(a) ensure that the procurement is conducted in a manner that is consistent with th e 
Agreement, in particular by using non -discriminatory, generally available and 
interoperable information technology systems an d 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 authentication and encryption requirements, is 
included in the tend er 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 provide 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  XIII Transparency of Procurement  Information  
 
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform participating suppliers of the entity's contract  award 
decisions and, on request, 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 suc cessful supplier's tender.  
 
Publication of Award Information  
 
2. Not later than 72  days after the award of each contract covered by th e Agreement, a procuring 
entity shall publish a notice in an officially designated publication listed in Appendix  II that may be GPA/TN1994/3/Rev.12  
- 21 - 
  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:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successful tender or the highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award;  and 
 
(f) the type of procurement method used, and in cases where limited tendering was 
used pursuant to Article  [X (Limited Tendering) ], a description of the circumstances 
justifying the use of such procedure.  
 
Maintenance of Documents, Reports [, and Electronic Traceability ]US,EC,JPN,NOR,SWI,KOR,HKC 
 
3. Each procuring entity shall maintain documentation and reports of ten dering procedures and 
contract awards relating to covered procurement, including the reports provided for in Article  [X 
(Limited Tendering) ], and shall retain such documentation and reports for a period of at least 
three  years from the award of the contrac t. 
 
[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,JPN,NOR,SWI,KOR,HKC 
 
Collection and Report of Statistics  
 
5. Each Party shall collect and report to the Committee statistics on its contracts covered by th e 
Agreement.  Each report shall cover one  year and be submitted within two  years of the end of the 
reporting period, and shall contain:  
 
(a) for Annex  1 procuring entit ies: 
 
(i) the number and total value, for all such entities, of contracts covered by th e 
Agreement;  
 
(ii) the number and total value of all contracts covered by th e 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 th e Agreement awarded 
by each such entity under limited tendering;  
 
(b) for Annex  2 and 3 procuring entities, the number and total value of contracts 
covered by th e Agreement awarded by all such entities, broken down by Annex;  and 
 
(c) where data to be provid ed under subparagraph  [(a) and]EC,US,JPN,NOR,SWI (b) is not 
available, estimates shall be provided.  
 
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.  GPA/TN1994/3/Rev.12  
- 22 - 
   
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.  
 
Article  XIV Disclosure of Information  
 
Provision of Information to Parties  
 
1. On request of any other Party, a Party shall provide promptly any information necessary to 
determine whether the procurement was conducted fairly, impartially and in accordance with th e 
Agreement, including information on the characteristics and relative advantages of the successful 
tender.  In cases where release of this information would prejudice competition in future tenders, the 
Party that receives that information shall not disclose it to any supplier, except after consultation 
with, and agreement of, the Party that provided the information.  
 
Non-Disclosure of Information  
 
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.  
 
3. Nothing in th e Agreement shall be construed to require a Party, including its procuring entities, 
authorities, and review bodies, to release confidential  information under th e 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 particula r 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 authority, 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 is pr eserved.]EC 
 
Article  XV 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 und er paragraph  6. [As provided for in this Article, the Parties shall accord 
special and differential treatment to:  
 
(a) least-developed countries;  and 
 GPA/TN1994/3/Rev.12  
- 23 - 
  (b) any other developing country, where and to the extent that this special and 
differential treatment me ets its development needs.]EC,HKC,NOR,SWI,KOR 
 
[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 cou ntry[, unless the developing country has scheduled transitional measures other than 
price preferences or offsets].EC,SWI,KOR]EC,NOR,SWI,KOR,HKC 
 
[2bis. Upon accession by a developing country to th e Agreement, each Party shall provide 
immediately to the goods, services, and suppliers of that country the most favourable coverage that 
the Party provides under Appendix  I to any other Party to the Agreement, [unless the developing 
country has scheduled t ransitional measures other than price preferences, and ]US subject to  any 
terms negotiated  between that Party and the developing country in order to maintain an appropriate 
balance of opportunities under the Agreement .]US,CDA,JPN 
 
3. Based on its developmen t 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 Appendix  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 application in the procureme nt are 
clearly described in the notice of intended procurement and the notice 
inviting suppliers to apply for participation in procurement covered by the 
Agreement;  
 
(b) an offset, provided that any requirement for, or consideration of, the imposition of 
the offset is clearly stated in the notice of intended procurement and the notice 
inviting suppliers to apply for participation in procurement covered by the 
Agreement;  
 
(c) the phased -in addition of specific entities or sectors;  and 
 
(d) a transitional threshold that is higher than its permanent threshold.  
 
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 -devel oped 
country, any Party may limit the scope of coverage that the Party provides to that country during 
the application of the transitional measures 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  Kong, China suggest to delete this paragraph because of paragraph  2.] 
 
[5. The agreed -upon transition period shall not exceed 10  years for developing countries and 
20 years for least -developed countries.]EC,SWI,KOR 
 
6. In order for a developing country to bring its measures into conformity with the Agreement, 
it may, with the agreement of the Parties, appl y 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 proced ural obligations of]CDA,JPN,US the Agreement,  
 GPA/TN1994/3/Rev.12  
- 24 - 
  provided that the developing country complies with Article  III:1(b). 
 
7. Any developing country that has been permitted to apply an implementation period under 
paragraph  6 shall list in an Annex to its Appendi x I the implementation period, and where applicable, 
specific procedural obligations and any interim measures that it will take with regard to those 
obligations.  
 
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.  
 
9. At the end of the transition period for measu res 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 benefiting from a transitional m easure 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 obligations 
at the end of any suc h 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 th e 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 th e Agreement.  
 
[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 th e Agreement, but that 
agree to apply transparent procedures that are generally consistent with th e Agreement.]US 
 
13. The Committee shall review the operation and effectiveness of this Article every five  years.  
 
Article  XVI Exceptions to the Agreement  
 
1. Nothing in th e 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 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 b etween Parties where the same 
conditions prevail or a disguised restriction on international trade, nothing in th e Agreement shall 
be construed to prevent any Party from imposing or enforcing measures:  
 
(a) necessary to protect public morals, order or safety;  
 
(b) necessary to protect human, animal or plant life or health;  
 
(c) necessary to protect intellectual property;  or 
 
(d) relating to goods or services of handicapped persons, of philanthropic institutions 
or of prison labour.  
 GPA/TN1994/3/Rev.12  
- 25 - 
  [3. The Parties unde rstand 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. ] 
 
[4. Having regard to general policy considerati ons relating to tied aid, including the objective of 
developing countries with respect to untying of such aid, th e Agreement does not apply to 
procurement made in furtherance of tied aid to developing countries so long as it is practised by 
Parties.]JPN,KO R,CDA,US [NB: Location needs to be reconsidered.  Norway;  Hong Kong, China;  
and Switzerland propose to delete this paragraph. ] [Market Access Issue ] 
 
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 thr ough IV.  The Party proposing the modification ("modifying 
Party") shall include in the notification:  
 
[(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 be en effectively 
eliminated, [including by virtue of liberalization,]EC,NOR,SWI evidence that such 
government 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 criteria are market access issues. ] 
 
(b) for any other proposed modification, information as to the likely consequences of 
the change for the mutually agreed cov erage provided in th e 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 th e Agreement, the Party shall notify, 
at least annually i n 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 pr ovided.]CDA,JPN,US [NB: 
The EC, Switzerland , and Norway consider that this paragraph is a m arket access issue .] 
 
Objection to Notification  
 
3. A Party whose [rights ]US,EC ,NOR,JPN [benefits]CDA under th e 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 circulation 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 modifying Party shall notify 
the Committee in accordance with paragraph  1, and any such revised modification shall only be 
effective after fulfilling the requirements of this Article.  
 
Arbitration  
 
5. If the modifying Party and an objecting Party are unable to reach agree ment 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.  
 GPA/TN1994/3/Rev.12  
- 26 - 
  [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 re quests arbitration  relating to a proposed modification , a single 
arbitration  shall be established whenever feasible.  
 
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 arbitr ation 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 o ther 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 obligat ions under the Agreement.  
 
[10. Where the arbitrator makes a negative determination under paragraph  9 (a) or (b), upon the 
request of the modifying 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 modification 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 issu e 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 arbitrato r'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 submissions 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 .] 
 
Implementation  
 
14. A proposed modification shall become effective only where:  
 
(a) no Party submits to the Committee a written objection to the proposed modification 
within 45  days from the date of circulation of the notification of the proposed 
modification 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;  
 GPA/TN1994/3/Rev.12  
- 27 - 
  (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 proposed 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 deter mines 
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  disagreement 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 of 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 
 
Committee Responsibilities  
 
15. The Committee shall develo p 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 provision.1 
 
Article  XVIII  Domestic Review Procedures for  Supplier Challenges  
 
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.  
2. In the event of a complaint  by a supplier [that there has been a breach of the Agreement  
arising 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 implementing 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.  
 
3. Each supplier shall be allowed a sufficient period of t ime to prepare and submit a challenge, 
which in no case shall be less than 10  days from the time when the basis of the challenge became 
known or reasonably should have become known to the supplier.  
 
4. Each Party shall establish or designate at least one i mpartial 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.  
 
 
1 The Committee will agree upon the indicative criteria before the conclusion of the GPA 
review/negotiations.  GPA/TN1994/3/Rev.12  
- 28 - 
  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.  
 
6. A review body th at 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;  
 
(b) the participants to t he proceedings shall have the right to be heard prior to a decision 
of the review body being made on the challenge;  
 
(c) the participants to the proceedings shall have the right to be represented and 
accompanied;  
 
(d) the participants to the proceedings sh all 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 
 
(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.  
 
7. Each Party shall adopt or maintain procedures that provide for:  
 
(a) rapid interim measures to preserve the supplier's opportunity to participate in the 
procurement.  Such interim measures may result in suspension of the procurement 
process.  However, [a review body/ procuring entity may decide not to apply an 
interim measure if such a measure would have overriding adverse ef fects 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 inte rests 
concerned, including the public interest, may be taken into account when deciding 
whether such measures should be applied.  In such circumstances, just cause for not 
acting shall be provided in writing ]; and 
 
(b) [corrective action to address any fail ure, 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 the 
costs relating to  the challenge.  
 
Article  XIX Consultations and Dispute Settlement  
 
1. Each Party shall accord sympathetic consideration to, and shall afford adequate opportunity 
for, consultation regarding such representat ions as may be made by another Party with respect to 
any matter affecting the operation of the Agreement . 
 GPA/TN1994/3/Rev.12  
- 29 - 
  2. Where any Party considers that any benefit accruing to it, directly or indirectly, under the 
Agreement  is being nullified or impaired, or that the  attainment of any objective of the Agreement  
is being impeded as the result of the failure of another Party or Parties to carry out its obligations 
under the Agreement [, or the application by another Party or Parties of any measure, whether or 
not it conf licts 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 (herei nafter referred to as "the 
Dispute Settlement Understanding").  
 
3. The Dispute Settlement Understanding applies to consultations and the settlement of disputes 
under the Agreement , with the following modifications:  
 
[(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 disp ute, 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 
 
[(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 
procurement, unless the parties to the dispute  agree otherwise ;]US,CDA,JPN and 
 
[(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 tha n this Agreement  shall not result in the 
suspension of concessions or other obligations under this Agreement, and any 
dispute arising under this Agreement shall not result in the suspension of 
concessions or other obligations under any other Agreement list ed 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 another 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 agre ement, 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/TN1994/3/Rev.12  
- 30 - 
   
(a) the trade under the Agreement under which the panel 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 t he 
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 requ est. 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 
 
[4. (a) In the communication referred to in Article  [21.3] of the DSU, the Party concerned 
shall inform the DSB whe ther it is possible to bring the measures found to be 
inconsistent with the 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 confor mity 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 arbitrati on 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 P arty 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 referred 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 arbitr ation award;  
 
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 covered 
agreements that is appropriate in light of the level of nul lification or impairment that was caused by 
the measure.]EC 
 GPA/TN1994/3/Rev.12  
- 31 - 
  Article  XX 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 obje ctives, 
and to carry out such other responsibilities as may be assigned to it by the Parties.  
 
2. The Committee may establish working parties or other subsidiary bodies that shall carry out 
such functions as may be given to them by the Committee.  
 
Observer s 
 
3. Any WTO Member that is not a Party to the Agreement  shall be entitled to participate in the 
Committee as an observer upon submission of a written notice to the Secretariat.  Any WTO observer 
may submit a written request to the Secretariat to participa te in the Committee as an observer, and 
may be accorded observer status by the Committee.  
 
Article  XXI 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  [ ]. 
 
Transitional Arrangeme nts 
 
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.  
 
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 t he 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 . 
 
Reservations  
 
4. No Party may enter any reservation in respect of any provisions of the 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 administra tive procedures, and the rules, procedures and 
practices applied by its procuring entities, with the provisions of the Agreement . 
 
6. Each Party shall inform the Committee of any changes in its laws and regulations relevant to 
the Agreement  and in the admi nistration of such laws and regulations.  
 GPA/TN1994/3/Rev.12  
- 32 - 
  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 . 
 
8. Not later than the end of [the tenth  year] from the date of entry into force of the Agreement , 
and periodi cally 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 . 
 
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 Agreem ent. [NB: Parties will review the need for 
this provision at the end of the negotiations. ] 
 
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 Ann ex 1A of the Agreement 
Establishing the World Trade Organization and negotiations regarding trade in services, the Parties 
shall take the results of that work programme and those negotiations into account in amending 
Article  [ ] 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 
 
Amendments  
 
12. The Parties may amend the Agreement  having regard, inter alia , to the experience gained in 
its implementati on. 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 the m upon acceptance by 
two thirds of the Parties and thereafter for each other Party upon acceptance by it] .EC,JPN,KOR 
 
Withdrawal  
 
13. Any Party may withdraw from the Agreement . The withdrawal shall take effect upon the 
expiration of 60  days from the date t he Director -General of the WTO receives written notice of the 
withdrawal.  Any Party may upon such notification request an immediate meeting of the Committee.  
 
14. If a Party to the Agreement  ceases to be a Member of the WTO, it shall cease to be a Party to  
the Agreement  with effect from the same date.  
 
Non-application of the Agreement  between Particular Parties  
 
15. The Agreement  shall not apply as between any two Parties if either Party, at the time it accepts 
or accedes to the Agreement , does not consent to such application.  
 
Appendices  
 
16. The Appendices to the Agreement  constitute an integral part thereof.  
 
Secretariat  
 
17. The Agreement  shall be serviced by the WTO Secretariat.  
 GPA/TN1994/3/Rev.12  
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  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 modificati on 
thereto pursuant to paragraph  [ ] and of each amendment thereto pursuant to paragraph  12, and a 
notification of each accession thereto pursuant to paragraph  3 and of each withdrawal therefrom 
pursuant to paragraph  13. 
 
Registration  
 
19. The 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 otherw ise specified with respect to the Appendices hereto.  
 GPA/TN1994/3/Rev.12  
- 34 - 
  [PROPOSED STRUCTURE AND CONTENT OF ANNEXES TO APPENDIX  I 
PROPOSAL BY THE UNITED STATES  
ANNEX  1 
 
Central Government Entities  
 
1. The Agreement  applies to central government entities listed in this Annex where the value 
of the procurement is estimated, in accordance with Article  II:9-11, to equal or exceed, for 
procurement of:  
 
(a) goods and services:  [threshold ] 
 
(b) construction services:  [threshold ] 
 
2. Unless otherwise specified in this Schedule, all agencies subordinate to the listed entities are 
covered by the Agreement . 
 
List of Entities  
 
1. Entity  A (Note 2) 
 
Notes to Annex  1 
 
1. Entity  A: The Agreement  does not cover the procurement of [ e.g., specific subordinate entity 
of Entity  A]. 
 
_______________  
 
 
ANNEX  2 
 
Sub-Central Government Entities  
 
1. The Agreement  applies to the sub -central government entities [ listed in this Annex or whose 
coverage under the Agreement  is specified through definitions or descriptions in this Annex ], where 
the value of the procurement is estimated, in accordance with Article  II:9-11, to equal or exceed:  
 
(a) goods and services:  [threshold ] 
 
(b) construction services:  [threshold ] 
 
2. [A statement relating to the coverage of agencies subordinate to the covered entities .] 
 GPA/TN1994/3/Rev.12  
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  Covered Entities  
 
List of Entities  
 
1. Entity  A (Note 2) 
 
OR 
 
Specification of coverage of the Annex through de finitions or descriptions  
 
 [When a Party lists entities based on reference to legislation or generic descriptions, provide 
an explanation describing precisely how a supplier determines that such an entity is within the scope 
of the referenced legislation or description.]CDA 
 
Notes to Annex  2 
 
1. The Agreement  covers procurement only by those entities listed in this Annex or otherwise 
covered by this Annex.  
 
2. Entity  A: The Agreement  does not cover the procurement of [ specific good or service ]. 
 
__________ _____  
 
 
ANNEX  3 
 
Other Entities  
 
1. The Agreement  applies to the entities listed in this Annex where the value of the procurement 
is estimated, in accordance with Article  II:9-11, to equal or exceed:  
 
(a) goods and services:  [threshold ] 
 
(b) construction services:  [threshold ] 
 
2. [A statement relating to the coverage of agencies subordinate to the covered entities .] 
 
List of Entities  
 
1. Entity  A 
 
OR 
 
Specification of coverage of the Annex through definitions or descriptions  
 
 [When a Party lists entities based on reference to legislation or ge neric descriptions, provide 
an explanation describing precisely how a supplier determines that such an entity is within the scope 
of the referenced legislation or description.]CDA 
 
Notes to Annex  3 
 
_______________  
 
 GPA/TN1994/3/Rev.12  
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  ANNEX  4 
 
Goods  
 
1. The Agreement  applies to all goods procured by the entities listed in Annexes  1 through  3, 
unless otherwise specified with respect to specific procuring entities in the Agreement . 
 
_______________  
 
 
ANNEX  5 
 
Services  
 
1. The Agreement  applies to all services p rocured by the entities listed in Annexes  1 through  3, 
unless otherwise specified in the Agreement , including this Annex.  
 
2. The Agreement  does not cover the procurement of the following services, as elaborated in the 
WTO system of classification – MTN.GN S/W/120:  
 
[List of excluded services ] 
 
Notes to Annex  5 
 
 [Any notes related to coverage of services would be set out here. ] 
 
_______________  
 
 
ANNEX  6 
 
Construction Services  
 
1. The Agreement  applies to all construction services procured by the entities listed in 
Annexes  1 through  3, unless otherwise specified in the Agreement , including this Annex.  
 
2. The Agreement  does not cover the procurement of the following construction services:  
 
[List of excluded services ] 
 
Notes to Annex  6 
 
 [Any notes related to coverage of construction services would be set out here. ] 
 
_______________  
 
 
ANNEX  7 
 
General Notes  
 
 Unless otherwise specified herein, the following General Notes apply without exception to  the 
Agreement , including to Annexes 1  through  6.]US 
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  PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
 
INDICATIVE CRITERIA PURSUANT TO ARTICLE  XVII:14 [OF THE REVISED GPA] [RELATING TO 
ELIMINATION OF GOVERNMENT CONTROL OR INFLUENCE  
OVER AN  ENTITY'S PROCUREMENT DECISIONS ]HKC 
 
Decision of [day/month/year]  
 
[NB: The Parties are reviewing the proposed criteria, but recognize that further work is 
needed.  Some preliminary comments have been incorporated in the text below. ] 
 
 
 The Committee on Government Procurement,  
 
 Noting  that Article  XVII:14 provides that the Committee shall develop criteria that may 
indicate the effective elimination of government control or influence over an entity;  
 
 Hereby decides  as follows:  
 
 [A Party proposing to withdraw an entity from Appendix  I ("modifying Party"), pursuant to 
Article  XVII:1, on the grounds that government co ntrol or influence over the entity has been 
effectively eliminated shall include in the notification evidence that such control or influence has 
been effectively eliminated, including information that addresses, as appropriate, the following 
indicative cri teria]US,SWI,NOR,HKC [A Party shall include, as appropriate, in the notification evidence that 
addresses the effective elimination of government control or influence and that directly relates to 
the following indicative criteria]EC,KOR: 
 
[(a) whether a law , regulation, procedure, or administrative guidance governs any aspect 
of the management or operation of the entity and such measure does not apply to 
other enterprises that are engaged in the same sector or industry;  
 
(b) whether the entity has been creat ed by a law or regulation to perform activities in 
the furtherance of a legally mandated public purpose;]US,NOR 
 
(c) whether the government holds a direct or indirect controlling interest in the entity's 
capital and voting rights;  
 
(d) whether the governme nt appoints any of the entity's managers or directors or 
otherwise participates in the management or control of the entity;  
 
[(e) whether the entity is accountable to the government or to the public treasury in 
respect of the profitability of the entity;]US 
 
(f) whether the government exercises formal or informal oversight or supervision of an 
entity's business decisions or operations, beyond the normal regulatory oversight of 
the relevant industry;  
 
(g) the extent to which the entity is financially or comm ercially dependent on the 
government through such means as:  
 
(i) the government [provides support to or]US subsidizes the entity, and, if so, 
whether such subsidy represents a one -time public investment or a 
continuous operating subsidy;  and 
 
(ii) the government purchases a substantial proportion of the entity's goods or 
services;  
 
(h) whether the government h as granted [to the entity]US special or exclusive legal or 
economic rights or benefits that may alter the competitiveness of [the]US entity's 
goods or services in a commercial market or otherwise influence the entity's business 
decisions;  [and]US [or]EC GPA/TN1994/3/Rev.12  
- 38 - 
  [(i) whether the entity is engaged in the provision of goods or services in commercial 
markets subject to genuine competition and to which access is not restricted, it being 
acknowledged that government control or influence over an entity through 
sharehold ing, participation on the management board, financing or any other means 
may be neutralised insofar as the entity's procurement is concerned where the entity 
is exposed to genuine competition on markets to which access is not restricted;]EC 
 
[(j) whether t he government has disposed of all of its share in the entity's capital and 
voting rights, the government has completed all the domestic legal procedures 
necessary for the privatisation of the entity, and government's control or influence 
over appointments of managers or directors and business decisions of the entity has 
been effectively abolished, it being acknowledged that if the aforesaid all three 
conditions are satisfied, the government control or influence over the procuring 
entity can be considered ef fectively eliminated even if the other criteria are not 
met;]KOR 
 
[(k) whether the entity is exclusively engaged in the provision of goods or services in 
commercial markets subject to genuine competition or whether it has mixed 
governmental and commercial functions].US 
 
  GPA/TN1994/3/Rev.12  
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  PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
PURSUANT TO ARTICLE  XVII:14 OF THE REVISED GPA  
 
WORKING PROCEDURES FOR ARBITRATION UNDER ARTICLE  XVII 
 
Decision of [day/month/year]  
 
[NB: The Parties are reviewing the proposed p rocedures.  
Some preliminary comments have been incorporated in the text below. ] 
 
 
 
 The Committee on Government Procurement,  
 
 Noting  that Article  XVII:14 provides that the Committee shall develop working procedures for 
arbitrations;  
 
 Hereby adopts  the following working procedures for arbitrations under Article  XVII:  
 
Appointment of the Arbitrator  
 
[1. Arbitrators shall be drawn from t he same body of persons eligible to serve as panelists under 
Article  XIX of the Agreement . Unless the Parties participating in the arbitration otherwise agree, 
the arbitrator shall consist of three persons.]EC 
 
1/2. If the Parties participating in the arbitration cannot agree on an arbitrator within 20  days after 
referring the matter to arbitration, the Director -General shall appoint the arbitrator within 10  days, 
after consulting the Parties.  
 
2/3. The expression "arbitrator" shall  be interpreted as referring either to an individual or a group.  
 
Procedures  
 
3/4. In its proceedings the arbitrator shall follow the relevant provisions of the Agreement.  In 
addition, the following working procedures shall apply:  
 
(a) The arbitrators shal l meet in closed session.  The parties to the arbitration shall be 
present at the meetings only when invited by the arbitrators to appear before them.  
 
(b) The deliberations of the arbitrators and the documents submitted shall be kept 
confidential.  Nothing in these Procedures shall preclude a party to an arbitration 
from disclosing statements of its own positions to the public.  Parties shall treat as 
confidential information submitted by another party to the arbitrator which that 
party has designated as conf idential.  Where a party to the arbitration submits a 
confidential version of its written submissions to the arbitrator, it shall also, upon 
request of a party, provide a non -confidential summary of the information contained 
in its submissions that could be  disclosed to the public.  
 
(c) Before the substantive meeting of the arbitrators with the parties, the parties to the 
arbitration shall transmit to the arbitrator written submissions in which they present 
the facts of the case and their arguments.  
 
(d) At its substantive meeting with the parties, the arbitrator shall ask the 
[modifying]US,JPN,CDA party [which has requested arbitration]EC to present its case.  
Subsequently, and still at the same meeting, the [objecting]US,JPN,CDA party [against 
which the arbi tration has been brought]EC shall be asked to present its point of view.  
 
[(e) The arbitrator shall invite all third parties that have notified their interest in the 
arbitration to present their views during the arbitration.]US,EC [N.B. Further 
consideration needs to be given regarding the details of participation by 
third parties. ] 
 GPA/TN1994/3/Rev.12  
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  (f) The arbitrator may at any time put questions to the parties and ask them for 
explanations either in the course of a meeting with the parties or in writing.  
 
(g) The parties to the arbitration shall submit to the arbitrator a written version of their 
oral statements.  
 
(h) In the interest of full transparency, the presentations, rebuttals and statements shall 
be made in the presence of the parties.  Moreover, each pa rty's written submissions, 
including any responses to questions put by the arbitrator, shall be made available 
to the other party or parties.  
 
(i) The Rules of Conduct for the Understanding on Rules and Procedures Governing the 
Settlement of Disputes  shall apply to each person serving on an arbitral panel under 
Article  XVII and, as specified in the Rules of Conduct  and the relevant provisions of 
the Staff Regulations, to those members of the Secretariat called upon to assist the 
arbitrator.  
 
(j) The arbitra tor may seek information from any relevant source and may consult 
experts to obtain their opinion on certain aspects of the matter.  The arbitrator shall 
inform the parties to the arbitration of any consultations with experts.  
 
(k) Any additional procedures  specific to the arbitration shall be determined by the 
arbitrator in consultation with the parties to the arbitration.  
 
Proposed Timetable for Arbitration  
 
4/5. If the parties participating in the arbitration are unable to agree on a timetable for the 
arbitration within 10  days after the appointment of the arbitrator, the following timetable shall 
apply2: 
 
(a) Receipt of first written submissions of the parties:  
 
(1) [requesting p]EC [modifying P]US,JPN,CDAarty: ----------  2 weeks  
(2) [responding p]EC [objecting P]US,JPN,CDAarty: ----------  2 weeks  
 
[(b) Receipt of third party submissions:  ----------  1 week]US,EC,JPN 
 
(b/c) Meeting with the parties:  ----------  1-2 weeks  
 
(c/d) Replies to questions:  ----------  1-3 weeks  
 
(d/e) Receipt of written rebuttals of the parties:  ----------  1-2 weeks  
 
(e/f) Issuance and circulation of the arbitrator's report:  ----------  4-6 weeks  
 
The above calendar may be changed in the light of unforeseen developments.  Additional meetings 
with the parties shall be schedu led if required.  
 
__________  
 
2 [Negotiator's note:  The entire Article  XVII process normally would take a maximum of 331 days 
(i.e. about 47 weeks or 11 months):  45 days to obje ct to proposed modification;  120 days to consult;  20 days 
to choose an arbitrator;  10 days for the Director -General to appoint an arbitrator;  10 days for parties to 
discuss, and possibly agree on, a timetable;  126 days for the arbitration (from first submi ssion to issuance and 
circulation of report).]