WORLD TRADE  
ORGANIZATION  RESTRICTED 
GPA/W/315 
15 December 2011  
 
(11-6517) 
Committee on Government Procurement  
  
 
MINISTERIAL-LEVEL MEETING OF THE PARTIES TO THE  
WTO AGREEMENT ON GOVERNMENT PROCUREMENT 
(15 DECEMBER 2011, 11:00 - 13:00) 
 
 
PROPOSED DECISION ON THE OUTC OMES OF THE NEGOTIATIONS UNDER 
ARTICLE XXIV:7 OF THE AGREEMENT ON GOVERNMENT PROCUREMENT 
 
 1. We, the Parties to the WTO Agreement on G overnment Procurement ("the Agreement")
1, 
meeting at Ministerial level in Geneva, are please d to confirm that we have reached agreement in 
principle on a revised Agreement, building on co mprehensive negotiations conducted over a number 
of years and encompassing both the text and coverage of the Agreement. 
2. We have undertaken this revision in furthera nce of our common objectives to modernize the 
Agreement, expand access to government procurem ent markets, promote good governance and deter 
corruption, and facilitate the effective management  of public resources, particularly in the present 
economic environment.  The revision recognizes the crucial importance of government procurement 
as a dimension of economic activity, and its signi ficance for international trade facilitation and 
development. 
3. We equally wish to encourage and facilitate  accession to the Agreement by WTO Members 
that are not yet Parties to it, noting that devel oping and least developed country Members can benefit 
from the improved transitional measures in the revised Agreement.  In addition, we have developed a 
number of Future Work Programmes in order to facili tate mutual understanding of Parties' approaches 
to the implementation of the revised Agreement, an d to improve the administration of the Agreement 
over time. 
4. We confirm that the results of the negotia tions under Article XXIV:7 of the Agreement 
comprise the following items set out in the Annexes to  this Decision, subject to final verification and 
legal review: 
a. Proposed Decision of the Committee on Government Procurement on Adoption of "The 
Protocol Amending the Agreement on Government Procurement" (Annex 1); 
b. Revised Text of the Agreement and each Party's Appendix I Annexes.  N.B.  The 
revised text is provided in Annex 2 to this  Decision;  the Parties' Appendix I Annexes 
are provided in separate Addenda to document GPA/W/315; 
c. Proposed Decision of the Committee on G overnment Procurement on Notification 
Requirements under Articles XIX and XXII of the Revised Agreement (Annex 3); 
                                                      
1 The Parties to the Agreement co mprise Armenia;  Canada;  the European Union, including its 
27 member States;  Hong Kong, China;  Iceland;  Israel ;  Japan;  Korea;  Liechtenstein;  the Kingdom of the 
Netherlands with respect to Aruba;  Norway;  Singapo re;  Switzerland;  the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu (Chine se Taipei);  and the United States. GPA/W/315 
Page 2  
 
  d. Proposed Decision of the Committee on Government Procurement on Adoption of 
Work Programmes (Annex 4); 
e. Proposed Decision of the Committee on Government Procurement on a Work 
Programme for SMEs (Annex 5); 
f. Proposed Decision of the Committee on Government Procurement on a Work 
Programme on the Collection and Repor ting of Statistical Data (Annex 6); 
g. Proposed Decision of the Committee on Government Procurement on a Work 
Programme on Sustainable Procurement (Annex 7); 
h. Proposed Decision of the Committee on Government Procurement on a Work 
Programme on Exclusions and Restrictions  in Parties' Annexes (Annex 8);  and 
i. Proposed Decision of the Committee on Government Procurement on a Work 
Programme on Safety Standards in International Procurement (Annex 9). 
5. We instruct our officials to work expeditiously  to complete the final verification and legal 
review of the various elements not ed above to reflect this Decisi on, in order that the Committee on 
Government Procurement can then adopt the elements  referred to in paragra ph 4 above no later than 
31 March 2012. 
6. We will seek prompt acceptance and implementa tion of the revised Ag reement within our 
respective jurisdictions. 
7. We invite all WTO Members that are not Parti es to the Agreement to become Observers to 
the Committee on Government Procurement in order to become familiar with  the opportunities that 
membership can provide, and to consid er joining the revised Agreement. 
8. We recognize and support the efforts of the WT O Secretariat to provide appropriate technical 
assistance for developing and least developed economy WTO Members considering joining the revised Agreement. 
9. Finally, we fully support the Future Wo rk Programmes of the Committee listed above. 
_______________  GPA/W/315 
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  ANNEX 1 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT 
ON ADOPTION OF "THE PROTOCOL AMENDING THE AGREEMENT ON 
GOVERNMENT PROCUREMENT" 
 
Decision of [day/month/year] 
   The Committee on Government Procurement, 
 
 Having regard to paragraph 9 of Article XXIV of the WTO Agreement on Government 
Procurement done at Marrakesh on 15 April 1994 ("the 1994 Agreement"); 
 
 Having undertaken  further negotiations pursuant to Article XXIV:7(b) and (c) of the 
1994 Agreement and reached agreement on amen dments to improve the 1994 Agreement; 
  Noting the consensus among the Parties to the 1994 Agreement, all of whom are participating 
in this Decision, to adopt the Protocol Ame nding the Agreement on Government Procurement 
("the Protocol") attached to this Decision and to submit the Protocol to their respective Governments 
for acceptance;  
 
 Considering  that not all the Parties to the 1994 Ag reement may be able to conclude their 
domestic procedures for acceptance of the Protocol by  the time the Protocol has entered into force and 
that therefore, there may be a period when not all the Parties to the 1994 Agreement are Parties to the 
Protocol;  
 
 Decides  as follows: 
 1. The Protocol Amending the Agreement on Go vernment Procurement attached to this 
Decision is hereby adopted, and open for acceptance by Parties to the 1994 Agreement. 
 
2. Pursuant to paragraph 3 of the Protocol and consistent with paragraph 9 of Article XXIV of 
the 1994 Agreement, the Protocol shall enter into force for those Parties to  the 1994 Agreement that 
have deposited their respective instrume nts of acceptance thereof, on the 30
th day following such 
deposit by two thirds of the Parties to the 1994 Agre ement.  Thereafter the Protocol shall enter into 
force for each Party to the 1994 Agreement that has deposited its instrument of acceptance thereof, on 
the 30th day following the date of such deposit. 
 3. Upon the entry into force of the Protocol,   (a) as between a Party to the 1994 Agreement, which is also a Party to the Protocol, and a 
 Party only to the 1994 Agreement, the 1994 Agreement shall apply, including 
 Appendix I of the 1994 Agreement;  
  (b) notwithstanding subparagraph (a), a Party to the 1994 Agreement for which the 
 Protocol has entered into force may mainta in or adopt any measure consistent with 
 the Protocol, even if that measure is in consistent with the 1994 Agreement and even 
 with respect to a Party to the 1994 Agreem ent for which the Protocol has not entered 
 into force;  and  
 GPA/W/315 
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   (c) a Party that has accepted the Protocol shall only be required to provide access to the 
 procurement that it covers under Appendix I attached to the Protocol to the other 
 Parties that have accepted the Protocol. 
 
4. Any terms of accession to the 1994 Agreement agr eed after the date of this Decision, pursuant 
to paragraph 2 of Article XXIV of the 1994 Agreemen t, shall provide that, upon entry into force of 
the Protocol:   (a) the acceding WTO Member shall be bound by the Protocol;  
 (b) as between such acceding WTO Member and a Party only to the 1994 Agreement, the 
 1994 Agreement shall apply, including the Party's Annexes to Appendix I of the 1994  Agreement;  
 
 (c) notwithstanding subparagraph (b), the acceding WTO Member may maintain or adopt 
 any measure consistent with the Protocol, even  if that measure is inconsistent with the 
 1994 Agreement and even with respect to a Party only to the 1994 Agreement;  and  
  (d) notwithstanding subparagraphs (b) and (c ), the acceding WTO Member shall provide 
 access to the procurement that it covers to all Parties to the 1994 Agreement,  including those Parties that have not accepted the Protocol.  
 
 
PROTOCOL AMENDING THE AGREEMENT ON GOVERNMENT PROCUREMENT 
 
 
 The Parties to the Agreement on Governme nt Procurement, done at Marrakesh on 
15 April 1994, (hereinafter referred to as "the 1994 Agreement"),   Having undertaken  further negotiations pursuant to Article XXIV:7(b) and (c) of the 
1994 Agreement;  
 
 Hereby agree  as follows: 
 1. The Preamble, Articles I through XXIV, and Appendices of the 1994 Agreement shall be 
deleted and replaced by the provisions as set forth in the Annex hereto.  
 
2. This Protocol shall be open for acceptan ce by the Parties to the 1994 Agreement. 
 3. This Protocol shall enter into force for those Parties to the 1994 Agreement that have 
deposited their respective instruments of acceptance thereof, on the 30
th day following such deposit by 
two thirds of the Parties to the 1994 Agreement.  Th ereafter this Protocol shall enter into force for 
each Party to the 1994 Agreement which has deposite d its instrument of acceptance thereof, on the 
30th day following the date of such deposit. 
 4. This Protocol shall be deposited with the Di rector-General of the WTO, who shall promptly 
furnish to each Party to the 1994 Agreement a certified true copy of this Protocol, and a notification of 
each acceptance thereof. 
 
5. This Protocol shall be registered in acco rdance with the provisions of Article 102 of the 
Charter of the United Nations.   GPA/W/315 
 Page 5 
 
 
   Done  at Geneva this [...] day of [...] two thousa nd and [...] in a single copy, in the English, 
French and Spanish languages, each text being authen tic, except as otherwise specified with respect to 
the Appendices hereto.   GPA/W/315 
Page 6  
 
  ANNEX 2 
 
REVISED TEXT OF THE AGREEMENT ON GOVERNMENT PROCUREMENT
* 
  
Table of Contents  
Article I Definitions Article II Scope and Coverage Article III Security and General Exceptions 
Article IV General Principles 
Article V Developing Countries Article VI Information on the Procurement System Article VII Notices Article VIII Conditions  for Participation 
Article IX Qualification of Suppliers 
Article X Technical Specifications and Tender Documentation Article XI Time-Periods Article XII Negotiation Article XIII Limited Tendering Article XIV Electronic Auctions 
Article XV Treatment of Tenders  and Awarding of Contracts 
Article XVI Transparency of Procurement Information Article XVII Disclosure of Information Article XVIII Domestic Review Procedures Article XIX Modifications and Rectifications to Coverage 
Article XX Consultations and Dispute Settlement 
Article XXI Institutions Article XXII Final Provisions  
 
Preamble 
  The Parties to this Agreement (hereina fter referred to as "the Parties"), 
  Recognizing  the need for an effective multilateral framework for government procurement, 
with a view to achieving greater liberalization and expansion of, and improving the framework for, 
the conduct of international trade;  
 Recognizing  that measures regarding government procurement should not be prepared, 
adopted or applied so as to afford protection to domestic suppliers, goods or services, or to 
discriminate among foreign suppliers, goods or services; 
 
 Recognizing  that the integrity and predictability of government procurement systems are 
integral to the efficient and effective management of public resources, the performance of the Parties' 
economies and the functioning of the multilateral trading system; 
 
 Recognizing  that the procedural commitments under this Agreement should be sufficiently 
flexible to accommodate the specific circumstances of each Party;  
                                                      
* This text brings together Articles I-XXI of the revised Agreement as set out in GPA/W/313 of 
16 December 2010 and GPA/W/ 313/Corr.1 of 13 January  2011 and Article XXII of the revised Agreement as 
set out in Job No. 1049 3 of 14 December 2011.  GPA/W/315 
 Page 7 
 
 
   Recognizing  the need to take into account the deve lopment, financial and trade needs of 
developing countries, in particular the least developed countries; 
 
 Recognizing the importance of transparent measures regarding government procurement, of 
carrying out procurements in a transparent and impa rtial manner and of avoidi ng conflicts of interest 
and corrupt practices, in accordance with applicable  international instruments, such as the United 
Nations Convention Against Corruption;   Recognizing the importance of using, and encouraging the use of, electronic means for 
procurement covered by this Agreement; 
 
 Desiring  to encourage acceptance of and accession to this Agreement by WTO Members not 
party to it; 
 
 Having undertaken  further negotiations in pursuance of these objectives pursuant to 
Article XXIV:7(b) and (c) of the Agreement on Government Procurement done at Marrakesh on 
15 April 1994 (hereinafter referred to as "the 1994 Agreement");  
  Hereby agree  as follows: 
 
Article I Definitions  
 
For purposes of this Agreement:  
(a) commercial goods or services  means goods or services of a type generally sold or 
offered for sale in the commercial mark etplace to, and customarily purchased by, 
non-governmental buyers for non-governmental purposes; 
 
(b) Committee means the Committee on Government Procurement established by 
Article XXI:1;  
 
(c) construction service means a service that has as its objective the realization by 
whatever means of civil or building wo rks, based on Division 51 of the United 
Nations Provisional Central Product Classification (CPC);  
 
(d) country includes any separate customs territory that  is a Party to this Agreement.  In 
the case of a separate customs territory that is a Party to this Agreement, where an 
expression in this Agreement is qualified by the term "national", such expression shall 
be read as pertaining to that custom s territory, unless otherwise specified; 
 
(e) days  means calendar days; 
 
(f) electronic auction  means an iterative process that involves the use of electronic 
means for the presentation by suppliers of either new prices, or new values for 
quantifiable non-price elements of the tender re lated to the evaluation criteria, or both, 
resulting in a ranking or re-ranking of tenders; 
 
(g) in writing  or written  means any worded or numbered expression that can be read, 
reproduced and later communicated.  It may include electronically transmitted and 
stored information; 
 
(h) limited tendering  means a procurement method whereby the procuring entity 
contacts a supplier or suppliers of its choice; GPA/W/315 
Page 8  
 
   
(i) measure  means any law, regulation, procedure, administrative guidance or practice, 
or any action of a procuring entity relating to a covered procurement;  
 
(j) multi-use list  means a list of suppliers that a pr ocuring entity has determined satisfy 
the conditions for participation in that list, and that the procuring entity intends to use 
more than once;  
 
(k) notice of intended procurement  means a notice published by a procuring entity 
inviting interested suppliers to submit a requ est for participation, a tender, or both; 
 
(l) offset  means any condition or undertaking th at encourages local development or 
improves a Party's balance-of-payments accounts, such as the use of domestic 
content, the licensing of technology, invest ment, counter-trade and similar action or 
requirement;  
 
(m) open tendering  means a procurement method whereby all interested suppliers may 
submit a tender; 
 
(n) person  means a natural person or a juridical person; 
 
(o) procuring entity  means an entity covered under a Party's Annex 1, 2 or 3 to 
Appendix I; 
 
(p) qualified supplier  means a supplier that a procuring entity recognizes as having 
satisfied the conditions for participation; 
 
(q) selective tendering  means a procurement method whereby only qualified suppliers 
are invited by the procuring entity to submit a tender; 
 
(r) services  includes construction services, unless otherwise specified; 
 
(s) standard  means a document approved by a recognized body that provides for 
common and repeated use, rules, guidelines or characteristics for goods or services, or 
related processes and production methods, with  which compliance is not mandatory.  
It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they  apply to a good, service, process or 
production method; 
 
(t) supplier  means a person or group of persons that provides or could provide goods or 
services;  and 
 
(u) technical specification  means a tendering requirement that: 
 
(i) lays down the characteristics of goods or services to be procured, including 
quality, performance, safety and dimensions, or the processes and methods for their production or provision;  or 
 
(ii) addresses terminology, symbols, packaging, marking or labelling 
requirements, as they apply to a good or service. 
  GPA/W/315 
 Page 9 
 
 
  Article II Scope and Coverage  
 
Application of Agreement  
 
1. This Agreement applies to an y measure regarding covered proc urement, whether or not it is 
conducted exclusively or partially by electronic means.  
 2. For the purposes of this Agreement, c overed procurement means procurement for 
governmental purposes:  
(a) of goods, services, or any combination thereof: 
 
(i) as specified in each Party's annexes to Appendix I;  and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the 
production or supply of goods or services for commercial sale or resale; 
 
(b) by any contractual means, including:  pur chase;  lease;  and rental or hire purchase, 
with or without an option to buy;  
 
(c) for which the value, as estimated in acco rdance with paragraphs 6 through 8, equals 
or exceeds the relevant threshold specified in  a Party's annexes to Appendix I, at the 
time of publication of a notice in accordance with Article VII;  
 
(d) by a procuring entity;  and 
 
(e) that is not otherwise excluded from covera ge in paragraph 3 or a Party's annexes to 
Appendix I.  
 3. Except where provided otherwise in a Party's annexes to Appendix I, this Agreement does not 
apply to:  
(a) the acquisition or rental of land, existing
 buildings or other immovable property or the 
rights thereon; 
 
(b) non-contractual agreements or any form of  assistance that a Party provides, including 
cooperative agreements, grants, loans, equity infusions, guarantees and fiscal 
incentives; 
 
(c) the procurement or acquisition of fiscal agency or depository services, liquidation and 
management services for regulated financia l institutions or services related to the 
sale, redemption and distribution of pub lic debt, including loans and government 
bonds, notes and other securities; 
 
(d) public employment contracts; 
 
(e) procurement conducted: 
 
 (i) for the specific purpose of provid ing international assistance, including 
 development aid; 
 GPA/W/315 
Page 10  
 
   (ii) under the particular procedure or condition of an international agreement 
relating to the stationing of troops or relating to the joint implementation by 
the signatory countries of a project;  or 
 
 (iii) under the particular procedure or c ondition of an international organization, 
or funded by international grants, loans or other assistance where the 
applicable procedure or condition would be  inconsistent with this Agreement. 
 
4. Each Party shall specify the following information in its annexes to Appendix I:  
 
(a) in Annex 1, the central government ent ities whose procurement is covered by this 
Agreement;  
 
(b) in Annex 2, the sub-central government entities whose procurement is covered by this 
Agreement; 
 
(c) in Annex 3, all other entities whose proc urement is covered by this Agreement; 
 
(d) in Annex 4, the goods covered by this Agreement; 
 
(e) in Annex 5, the services, other than cons truction services, covered by this Agreement; 
 
(f) in Annex 6, the construction services covered by this Agreement;  and 
 
(g) in Annex 7, any General Notes. 
 
5. Where a procuring entity, in the context of covered procurement, requi res persons not covered 
under a Party's annexes to Appendix I to procur e in accordance with particular requirements, 
Article IV shall apply mutatis mutandis  to such requirements.  
 
Valuation 
 6. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
(a) neither divide a procurement into separate procurements nor select or use a particular 
valuation method for estimating the value of  a procurement with the intention of 
totally or partially excluding it from th e application of this 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 and interest;  and 
 
(ii) where the procurement provides for th e possibility of options, the total value 
of such options.  
 
7. Where an individual requirement for a procur ement results in the award of more than one 
contract, or in the award of contracts in separ ate parts (hereinafter referred to as "recurring 
contracts"), the calculation of the estimated  maximum total value shall be based on: 
  GPA/W/315 
 Page 11 
 
 
  (a) the value of recurring contracts of the same type of good or service awarded during 
the preceding 12 months or the procuring entity's preceding fiscal year, adjusted, 
where possible, to take into account anticip ated changes in the quantity or value of 
the good or service being procured over the following 12 months;  or  
 
(b) the estimated value of recurring contracts of the same type of good or service to be 
awarded during the 12 months following the initial contract award or the procuring entity's fiscal year. 
 8. In the case of procurement by lease, rental or hire purchase of goods or services, or 
procurement for which a total price is not specified, the basis for valuation shall be: 
 
(a) in the case of a fixed-term contract: 
 
(i) where the term of the contract is 12 months or less, the total estimated 
maximum value for its duration;  or 
 
(ii) where the term of the contract exceeds 12 months, the total estimated 
maximum value, including any estimated residual value; 
 
(b) where the contract is for an indefinite period, the estimated monthly instalment 
multiplied by 48;  and 
 
(c) where it is not certain whether the contract is to be a fixed-term contract, 
subparagraph (b) shall be used. 
 Article III Security and General Exceptions 
 
1. Nothing in this Agreement shall be construe d to prevent any Party from taking any action or 
not disclosing any information that it considers n ecessary for the protection of its essential security 
interests relating to the procurement of arms, am munition or war materials, or to procurement 
indispensable for national security or for national defence purposes. 
 
2. Subject to the requirement that such me asures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiabl e discrimination between Parties where the same 
conditions prevail or a disguised restriction on intern ational trade, nothing in this Agreement shall be 
construed to prevent any Party from
 imposing or enforcing measures: 
 
(a) necessary to protect public morals, order or safety; 
 
(b) necessary to protect human, animal or plant life or health; 
 
(c) necessary to protect intellectual property;  or 
 
(d) relating to goods or services of persons w ith disabilities, philanthropic institutions or 
prison labour.  
 
Article IV General Principles  
 
Non-Discrimination 
 
1. With respect to any measure regarding c overed procurement, each Party, including its 
procuring entities, shall accord immediately and unconditionally to the good s and services of any GPA/W/315 
Page 12  
 
  other Party and to the suppliers of any other Pa rty offering the goods or services of any Party, 
treatment no less favourable than the treatment the Party, including its procuring entities, accords to: 
 
(a) domestic goods, services and suppliers;  and 
 
(b) goods, services and suppliers of any other Party. 
 2. With respect to any measure regarding covere d procurement, a Party, including its procuring 
entities, shall not:  
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basis of the degree of fo reign affiliation or ownership;  or 
 
(b) discriminate against a locally establishe d 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 conducte d using information technology systems and 
software, including those related to authen tication and encryption of information,  
that are generally available and inter operable with other generally available 
information technology systems and software;  and 
 
(b) maintain mechanisms that ensure the in tegrity of requests for participation and 
tenders, including establishment of the time of receipt and the prevention of inappropriate access. 
 
Conduct of Procurement  
 4. A procuring entity shall conduct covered proc urement in a transparent and impartial manner 
that:  
(a) is consistent with this Agreement, using methods such as open tendering, selective 
tendering and limited tendering; 
 
(b) avoids conflicts of interest;  and 
 
(c) prevents corrupt practices. 
 
Rules of Origin 
 
5. For purposes of covered procurement, a Party shall not apply rules of origin to goods or 
services imported from or supplied from another Party that are different from the rules of origin the 
Party applies at the same time in the normal course of trade to imports or supplies of the same goods 
or services from the same Party. 
  GPA/W/315 
 Page 13 
 
 
  Offsets 
 
6. With regard to covered proc urement, a Party, including its procuring entities, shall not seek, 
take account of, impose or enforce any offset.  
 Measures Not Specific to Procurement 
 
7. Paragraphs 1 and 2 shall not apply to:  custom s 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 affecti ng trade in services other than measures governing 
covered procurement. 
 
Article V Developing Countries 
 
1. In negotiations on accession to, and in th e implementation and administration of, this 
Agreement, the Parties shall give special considerat ion to the development, financial and trade needs 
and circumstances of developing countries and leas t developed countries (collectively referred to 
hereinafter as "developing countries", unless specifica lly identified otherwise), recognizing that these 
may differ significantly from country to country.  As  provided for in this Article and on request, the 
Parties shall accord special and differential treatment to:  
 
(a) least developed countries;  and 
 
(b) any other developing country, where and to the extent that this special and differential 
treatment meets its development needs.  
 
2. Upon accession by a developing country to this Agreement, each Party shall provide 
immediately to the goods, services and suppliers of that  country the most favourable coverage that the 
Party provides under its annexes to Appendix I to any other Party to this Agreement, subject to any terms negotiated betw een the Party and the developing country in order to maintain an appropriate 
balance of opportunities under this Agreement.  
3. Based on its development needs, and with the agreement of the Parties, a developing country 
may adopt or maintain one or more of the followi ng transitional measures, during a transition period 
and in accordance with a schedule, set out in its re levant annexes to Appendix I, and applied in a 
manner that does not discriminate among the other Parties:  
 
(a) a price preference programme, provided that the programme: 
 
(i) provides a preference only for the part of the tender incorporating goods or 
services originating in the developing country applying the preference or goods or services originating in other developing countries in respect of which the developing country applying the preference has an obligation to 
provide national treatment under a pref erential agreement, provided that 
where the other developing country is a Party to this Agreement, such 
treatment would be subject to any conditions set by the Committee;  and 
 
(ii) is transparent, and the preference and its application in the procurement are 
clearly described in the notice of intended procurement; 
 
(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; 
 GPA/W/315 
Page 14  
 
  (c) the phased-in addition of specific entities or sectors;  and 
 
(d) a threshold that is higher than its permanent threshold. 
 4. In negotiations on accession to this Agreem ent, the Parties may agree to the delayed 
application of any specific obligation in this Agre ement, other than Article IV:1(b), by the acceding 
developing country while that country implements the obligation.  The implementation period shall 
be: 
 
(a) for a least developed country, five year s after its accession to this Agreement;  and 
 
(b) for any other developing country, only the period necessary to implement the specific 
obligation and not to exceed three years.  
 5. Any developing country that has negotiated an  implementation period for an obligation under 
paragraph 4 shall list in its Anne x 7 to Appendix I the agreed implementation period, the specific 
obligation subject to the implementation period and an y interim obligation with which it has agreed to 
comply during the implementation period.  
 6. After this Agreement has entered into fo rce for a developing country, the Committee, 
on request of the developing country, may: 
(a) extend the transition period for a measure adopted or maintained under paragraph 3 or 
any implementation period negotia ted under paragraph 4;  or 
 
(b) approve the adoption of a new transiti onal measure under paragraph 3, in special 
circumstances that were unforeseen during the accession process. 
 
7. A developing country that has negotiated a transitional measure under paragraph 3 or 6, an 
implementation period under paragra ph 4 or any extension under para graph 6 shall take such steps 
during the transition period or implementation peri od as may be necessary to ensure that it is in 
compliance with this Agreement at the end of an y such period.  The developing country shall 
promptly notify the Committee of each step. 
 
8. The Parties shall give due consideration to any request by a developing country for technical 
cooperation and capacity building in relation to that  country's accession to, or implementation of, this 
Agreement.  
9. The Committee may develop procedures for th e implementation of this Article.  Such 
procedures may include provisions for voting on deci sions relating to requests under paragraph 6. 
 10. The Committee shall review the operation and e ffectiveness of this Article every five years. 
 
Article VI Information on the Procurement System 
 
1. Each Party shall:  
(a) promptly publish any law, regulation, judicial decision, administrative ruling of 
general application, standard contract clause mandated by law or regulation and 
incorporated by reference in notices or tender documentation and procedure regarding 
covered procurement, and any modifications  thereof, in an officially designated 
electronic or paper medium that is widely disseminated and remains readily accessible to the public;  and  GPA/W/315 
 Page 15 
 
 
   
(b) provide an explanation thereof to any Party, on request. 
 2. Each Party shall list:  
 (a) in Appendix II, the electronic or paper media in which the Party publishes the 
 information described in paragraph 1; 
  (b) in Appendix III, the electronic or paper media in which the Party publishes the 
 notices required by Articles VII, IX:7 and XVI:2;  and 
 
 (c) in Appendix IV, the website address or addresses where the Party publishes: 
   (i) its procurement statistics pursuant to Article XVI:5;  or  
  (ii) its notices concerning awarded contracts pursuant to Article XVI:6. 
 3. Each Party shall promptly notify the Committee of any modification to the Party's information listed in Appendix II, III or IV. 
 
Article VII Notices 
 
Notice of Intended Procurement 
 
1. For each covered procurement, a procuri ng entity shall publish a notice of intended 
procurement in the appropriate paper or electroni c medium listed in Appendix III, except in the 
circumstances described in Article XIII.  Such medium shall be widely disseminated and such notices 
shall remain readily accessible to the public, at least until expiration of the time-period indicated in 
the notice.  The notices shall:   (a) for procuring entities covered under Annex 1, be accessible by electronic means free 
 of charge through a single point of access,  for at least any minimum period of time 
 specified in Appendix III;  and 
  (b) for procuring entities covered under Annex 2 or 3, where accessible by electronic 
 means, be provided, at least, through li nks in a gateway electronic site that is 
 accessible free of charge. 
 
Parties, including their procuring entities covered under Annex 2 or 3, are encouraged to publish their 
notices by electronic means free of charge through a single point of access.  2. Except as otherwise provided in this Agreemen t, 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 quan tity of the goods or 
services to be procured or, where the quan tity is not known, the estimated quantity; 
 
(c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices of 
intended procurement;  GPA/W/315 
Page 16  
 
   
(d) a description of any options; 
 
(e) the time-frame for delivery of goods or services or the duration of the contract; 
 
(f) the procurement method that will be used  and whether it will involve negotiation or 
electronic auction;  
 
(g) where applicable, the address and any fina l date for the submission of requests for 
participation in the procurement; 
 
(h) the address and the final date for the submission of tenders; 
 
(i) the language or languages in which tende rs or requests for participation may be 
submitted, if they may be submitted in a la nguage other than an official language of 
the Party of the procuring entity;  
 
(j) a list and brief description of any conditi ons for participation of suppliers, including 
any requirements for specific documents or cer tifications to be provided by suppliers 
in connection therewith, unless such requirements are included in tender documentation that is made available to all in terested suppliers at the same time as the 
notice of intended procurement; 
 
(k) where, pursuant to Article IX, a procuring entity intends to select a limited number of 
qualified suppliers to be invite d to tender, the criteria that will be used to select them 
and, where applicable, any limitation on the number of suppliers that will be 
permitted to tender;  and 
 
(l) an indication that the procurement is covered by this Agreement. 
 
Summary Notice 
 3. For each case of intended procurement, a pr ocuring entity shall publish a summary notice that 
is readily accessible, at the same time as the publi cation of the notice of intended procurement, in one 
of the WTO languages.  The summary notice sha ll contain at least the following information: 
 
(a) the subject-matter of the procurement; 
 
(b) the final date for the submission of tender s or, where applicable, any final date for the 
submission of requests for participation in  the procurement or for inclusion on a 
multi-use list;  and 
 
(c) the address from which documents relating to the procurement may be requested. 
 
Notice of Planned Procurement  
 
4. Procuring entities are encouraged to publish in the appropriate paper or electronic medium 
listed in Appendix III as early as possible in each fiscal year a notice regarding their future 
procurement plans (hereinafter referred to as "notice of planned procurement").  The notice of planned 
procurement should include the subject-matter of  the procurement and the planned date of the 
publication of the notice of intended procurement.   GPA/W/315 
 Page 17 
 
 
  5. A procuring entity covered un der Annex 2 or 3 may use a notice of planned procurement as a 
notice of intended procurement provided that the notice of planned procurement includes as much of the information referred to in paragraph 2 as is ava ilable to the entity and a statement that interested 
suppliers should express their interest in the procurement to the procuring entity. 
 Article VIII Conditions for Participation 
 
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a s upplier has the legal and financia l capacities and the commercial and 
technical abilities to undertake the relevant procurement. 
 
2. In establishing the conditions for participation, a procuring entity:  
(a) shall not impose the condition that, in order for a supplier to participate in a 
procurement, the supplier has previously b een awarded one or more contracts by a 
procuring entity of a given Party;  and  
 
(b) may require relevant prior experience where essential to meet the requirements of the 
procurement. 
 3. In assessing whether a supplier satisfies the c onditions for participation, a procuring entity:  
 
(a) shall evaluate the financial capacity a nd the commercial and technical abilities of a 
supplier on the basis of that supplier's bus iness activities both inside and outside the 
territory of the Party of the procuring entity;  and  
 
(b) shall base its evaluation on the conditions that the procuring entity has specified in 
advance in notices or tender documentation. 
 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:  
(a) bankruptcy; 
 
(b) false declarations; 
 
(c) significant or persistent deficiencies in performance of any substantive requirement or 
obligation under a prior contract or contracts;
  
 
(d) final judgments in respect of serious crimes or other serious offences; 
 
(e) professional misconduct or acts or omissions that adversely reflect on the commercial 
integrity of the supplier;  or  
 
(f) failure to pay taxes. 
 
Article IX Qualification of Suppliers 
 
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintain a supplier registration system under 
which interested suppliers are required to register and provide certain information.  
 GPA/W/315 
Page 18  
 
  2. Each Party shall ensure that: 
 
(a) its procuring entities make efforts to minimize differences in their qualification 
procedures;  and 
 
(b) where its procuring entities maintain regist ration systems, the entities make efforts to 
minimize differences in their registration systems.  
 3. A Party, including its procuring entities, sha ll not adopt or apply any registration system or 
qualification procedure with the purpose or the ef fect of creating unnecessary obstacles to the 
participation of suppliers of a nother Party in its procurement. 
 
Selective Tendering  
 
4. Where a procuring entity  intends to use selective tendering, the entity shall: 
 
(a) include in the notice of intended procurem ent at least the information specified in 
Article VII:2(a), (b), (f), (g), (j), (k) and (l ) and invite suppliers to submit a request for 
participation;  and 
 
(b) provide, by the commencement of the time-period for tendering, at least the 
information in Article VII:2 (c), (d), (e), (h) and (i) to the qualified suppliers that it 
notifies as specified in Article XI:3(b). 
 5. A procuring entity shall  allow all qualifie d suppliers to participate in a particular 
procurement, unless the procuring entity states in the notice of intended procurement any limitation on 
the number of suppliers that w ill be permitted to tender and the criteria for selecting the limited 
number of suppliers.  6. Where the tender documentation is not made publicly available from the date of publication 
of the notice referred to in paragraph 4, a procuri ng entity shall ensure that those documents are made 
available at the same time to all the qualified suppliers selected in accordance with paragraph 5. 
 
Multi-Use Lists 
 
7. A procuring entity may maintain a multi-use list of suppliers, provided that a notice inviting 
interested suppliers to apply for inclusion on the list is: 
 
 (a) published annually;  and   (b) where published by electronic means, made available continuously,  in the appropriate medium listed in Appendix III. 
 
8. The notice provided for in paragraph 7 shall include:  
(a) a description of the goods or services, or categories thereof, for which the list may be 
used; 
 
(b) the conditions for participation to be sa tisfied by suppliers for inclusion on the list 
and the methods that the procuring entity will use to verify that a supplier satisfies the 
conditions;  
  GPA/W/315 
 Page 19 
 
 
  (c) the name and address of the procuring entity and other information necessary to 
contact the entity and obtain all releva nt documents relating to the list; 
 
(d) the period of validity of the list and the m eans 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 this Agreement. 
 9. Notwithstanding paragraph 7, where a multi-use list will be valid for three years or less, a 
procuring entity may publish the notice referred to in paragraph 7 only once, at the beginning of the 
period of validity of the list, provided that the notice:  
(a) states the period of validity and that further notices will not be published;  and 
 
(b) is published by electronic means and is  made available continuously during the 
period of its validity. 
 10. A procuring entity shall allow suppliers to a pply at any time for inclusion on a multi-use list 
and shall include on the list all qualified s uppliers within a reasonably short time. 
 
11. Where a supplier that is not included on a multi- use list submits a request for participation in 
a procurement based on a multi-use list and all re quired documents, within the time-period provided 
for in Article XI:2, a procuring entity shall exam ine the request.  The procuring entity shall not 
exclude the supplier from consideration in respect of the procurement on the grounds that the entity 
has insufficient time to examine th e request, unless, in exceptional cases, due to the complexity of the 
procurement, the entity is not able to complete th e examination of the request within the time-period 
allowed for the submission of tenders.  
Annex 2 and Annex 3 Entities 
 
12. A procuring entity covered un der Annex 2 or 3 may use a notice inviting suppliers to apply 
for inclusion on a multi-use list as a notice of intended procurement, provided that: 
 
(a) the notice is published in accordance with  paragraph 7 and includes the information 
required under paragraph 8, as much of th e information required under Article VII:2 
as is available and a statement that it cons titutes a notice of intended procurement or 
that only the suppliers on the multi-use list will receive further notices of procurement 
covered by the multi-use list;  and  
 
(b) the entity promptly provides to suppliers that have expressed an interest in a given 
procurement to the entity, sufficient informa tion to permit them to assess their interest 
in the procurement, including all remaining information required in Article VII:2, to 
the extent such information is available. 
 13. A procuring entity covered under Annex 2 or 3 may allow a supplier that has applied for 
inclusion on a multi-use list in accordance with paragr aph 10 to tender in a given procurement, where 
there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions 
for participation. 
 GPA/W/315 
Page 20  
 
  Information on Procuring Entity Decisions 
 
14. A procuring entity shall promptly inform any supplier that submits a request for participation 
in a procurement or application for inclusion on a multi-use list of the procuring entity's decision with respect to the request or application. 
 
15. Where a procuring entity rejects a supplier's request for participation in a procurement or 
application for inclusion on a multi-use list, ceases to recognize a supplier as qualified, or removes a 
supplier from a multi-use list, the entity shall prompt ly inform the supplier and, on request of the 
supplier, promptly provide the supplier with a wr itten explanation of the reasons for its decision. 
 Article X Technical Specifications and Tender Documentation  
 
Technical Specifications  
 1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe 
any conformity assessment procedure with the pur pose or the effect of creating unnecessary obstacles 
to international trade.  2. In prescribing the technical specifications for the goods or services being procured, a 
procuring entity shall, where appropriate: 
 
(a) set out the technical specification in  terms of performance and functional 
requirements, rather than design or descriptive characteristics;  and  
 
(b) base the technical specification on intern ational standards, where such exist;  
otherwise, on national technical regulations , recognized national standards or building 
codes. 
 3. Where design or descriptive characteristics are used in the technical specifications, a 
procuring entity should indicate, where appropriate, that it will consider tende rs of equivalent goods 
or services that demonstrably fulfil the requirement s of the procurement by including words such as 
"or equivalent" in the tender documentation.  
 4. A procuring entity shall not prescribe technical  specifications that require or refer to a 
particular trademark or trade name, patent, copyright, design, type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement 
requirements and provided that, in such cases, the entity in cludes words such as "or equivalent" in the 
tender documentation.  
 5. A procuring entity shall not seek or accept, in a manner that would have the effect of 
precluding competition, advice that may be used in  the preparation or adoption of any technical 
specification for a specific procurement from a pers on that may have a commercial interest in the 
procurement. 
 6. For greater certainty, a Party, including its  procuring entities, may, in accordance with this 
Article, prepare, adopt or apply technical specifi cations to promote the conservation of natural 
resources or protect the environment.  
  GPA/W/315 
 Page 21 
 
 
  Tender Documentation 
 
7. A procuring entity shall make available to suppliers tender documentation that includes all 
information necessary to permit suppliers to prepar e 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 a nd the quantity of the goods or services to be 
procured or, where the quantity is not known, the estimated quantity and any 
requirements to be fulfilled, including any technical specifications, conformity 
assessment certification, plans, drawings or instructional materials; 
 
(b) any conditions for participation of supp liers, including a list of information and 
documents that suppliers are required to s ubmit in connection with the conditions for 
participation; 
 
(c) all evaluation criteria the entity will apply in the awarding of the contract, and, except 
where price is the sole criterion, the relative importance of such criteria; 
 
(d) where the procuring entity will conduct the procurement by electronic means, any 
authentication and encryption requirements  or other requirements related to the 
submission of information by electronic means; 
 
(e) where the procuring entity will hold an electronic auction, the rules, including 
identification of the elements of the tender related to the evaluation criteria, on which 
the auction will be conducted; 
 
(f) where there will be a public opening of  tenders, the date, time and place for the 
opening and, where appropriate, the persons authorized to be present; 
 
(g) any other terms or conditions, including  terms of payment and any limitation on the 
means by which tenders may be submitted, such as whether on paper or by electronic 
means;  and 
 
(h) any dates for the delivery of goods or the supply of services. 
 8. In establishing any date for the delivery of goods or the supply of services being procured, a 
procuring entity shall take into account such factor s as the complexity of the procurement, the extent 
of subcontracting anticipated and the realistic time  required for production, de-stocking and transport 
of goods from the point of s upply or for supply of services.  
 9. The evaluation criteria set out in the notice of intended procurement or tender documentation 
may include, among others, price and other cost f actors, quality, technical merit, environmental 
characteristics and terms of delivery. 
 10. A procuring entity shall promptly:  
(a) make available tender documentation to ensure that interested suppliers have 
sufficient time to subm it responsive tenders; 
 
(b) provide, on request, the tender documentation to any interested supplier;  and 
 GPA/W/315 
Page 22  
 
  (c) reply to any reasonable request for rele vant information by any interested or 
participating supplier, provided that such information does not give that supplier an 
advantage over other suppliers. 
 
Modifications 
 
11. Where, prior to the award of a contract, a procuring entity modifies the criteria or requirements set out in the notice of intended procurement or tender doc umentation provided to 
participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in 
writing all such modifications or amended or re-issued notice or tender documentation:  
 
(a) to all suppliers that are participating at  the time of the modification, amendment or 
re-issuance, where such suppliers are known to  the entity, and in all other cases, in the 
same manner as the original information was made available;  and  
 
(b) in adequate time to allow such suppliers  to modify and re-sub mit amended tenders, as 
appropriate.  
 
Article XI Time-Periods  
 General  
 
1. A procuring entity shall, cons istent with its own reasonable n eeds, provide sufficient time for 
suppliers to prepare and submit requests for partic ipation and responsive tenders, taking into account 
such factors as:  
(a) the nature and complexity of the procurement; 
 
(b) the extent of subcontracting anticipated;  and 
 
(c) the time necessary for transmitting tenders by non-electronic means from foreign as 
well as domestic points where electronic means are not used.  
 
Such time-periods, including any extension of the tim e-periods, shall be the same for all interested or 
participating suppliers.  
Deadlines 
 
2. A procuring entity that uses selective tenderi ng shall establish that the final date for the 
submission of requests for participation shall not, in principle, be less than 25 days from the date of 
publication of the notice of intended procurement.  Wh ere a state of urgency duly substantiated by the 
procuring entity renders this time-period impracti cable, the time-period may be reduced to not less 
than 10 days.  
 
3. Except as provided for in paragraphs 4, 5, 7 and 8 a procuring entity shall establish that the 
final date for the submission of tenders shall not  be less than 40 days from the date on which: 
 
(a) in the case of open tendering, the notice of intended procurement is published;  or  
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi-use list.  GPA/W/315 
 Page 23 
 
 
   
4. A procuring entity may reduce the time-peri od for tendering established in accordance with 
paragraph 3 to not less than 10 days where:  
 
(a) the procuring entity has published a noti ce of planned procurement as described in 
Article VII:4 at least 40 days and not more than 12 months in advance of the 
publication of the notice of intended pr ocurement, and the notice of planned 
procurement contains: 
 
(i) a description of the procurement; 
 
(ii) the approximate final dates for the submission of tenders or requests for 
participation; 
 
(iii) a statement that interested supplie rs should express their interest in the 
procurement to the procuring entity; 
 
(iv) the address from which documents relating to the procurement may be 
obtained;  and 
 
(v) as much of the information that is required for the notice of intended 
procurement under Article VII:2, as is available; 
 
(b) the procuring entity, for recurring contract s, indicates in an initial notice of intended 
procurement that subsequent notices will pr ovide time-periods fo r tendering based on 
this paragraph;  or  
 
(c) a state of urgency duly substantiated by  the procuring entity renders the time-period 
for tendering established in accordance with paragraph 3 impracticable.  
 5. A procuring entity may reduce the time-peri od for tendering established in accordance with 
paragraph 3 by five days for each one of the following circumstances: 
 
(a) the notice of intended procurement is published by electronic means; 
 
(b) all the tender documentation is made available by electronic means from the date of 
the publication of the notice of intended procurement;  and 
 
(c) the entity accepts tenders by electronic means. 
 6. The use of paragraph 5, in conjunction w ith paragraph 4, shall in no case result in the 
reduction of the time-period for tendering establishe d in accordance with paragraph 3 to less than 
10 days from the date on which the noti ce of intended procurement is published.  
 
7. Notwithstanding any other provision in th is Article, where a procuring entity purchases 
commercial goods or services, or any combinati on thereof, it may reduce the time-period for 
tendering established in accordance with paragraph 3 to not less than 13 days, provided that it 
publishes by electronic means, at the same time , both the notice of intended procurement and the 
tender documentation.  In addition, where the entit y accepts tenders for commercial goods or services 
by electronic means, it may reduce the time-period es tablished in accordance with paragraph 3 to not 
less than 10 days.  
 GPA/W/315 
Page 24  
 
  8. Where a procuring entity covered under Annex 2 or 3 has selected all or a limited number of 
qualified suppliers, the time-period for tendering may be fixed by mutual agreement between the 
procuring entity and the selected suppliers.  In the absence of agreement, the period shall not be less 
than 10 days. 
 
Article XII Negotiation  
 
1. A Party may provide for its proc uring entities to conduct negotiations: 
 
(a) where the entity has indicated its intent  to conduct negotiations in the notice of 
intended procurement required under Article VII:2;  or 
 
(b) where it appears from the evaluation that no tender is obviously the most 
advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or  tender documentation.  
 
2. A procuring entity shall:  
(a) ensure that any elimination of suppliers pa rticipating in negotiations is carried out in 
accordance with the evaluation criteria set out in the notice of intended procurement 
or tender documentation;  and 
 
(b) where negotiations are concluded, pr ovide a common deadlin e for the remaining 
participating suppliers to submit any new or revised
 tenders.  
 
Article XIII Limited Tendering 
 
1. Provided that it does not use this provisi on for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers of any other Party or protects domestic 
suppliers, a procuring entity may use limited te ndering and may choose not to apply Articles VII 
through IX, X (paragraphs 7 through 11), XI, XII, XIV and XV only under any of the following circumstances:  
 
(a) where: 
 
(i) no tenders were submitted or no su ppliers requested participation; 
 
(ii) no tenders that conform to the essential requirements of the tender 
documentation were submitted; 
 
(iii) no suppliers satisfied the conditions for participation;  or 
 
(iv) the tenders submitted have been collusive, 
 
 provided that the requirements of the tender documentation are not substantially 
modified; 
 
(b) where the goods or services can be supp lied only by a particular supplier and no 
reasonable alternative or substitute goods or services exist for any of the following 
reasons: 
 
(i) the requirement is for a work of art;  GPA/W/315 
 Page 25 
 
 
   
(ii) the protection of patents, copyrights or other exclusive rights;  or  
 
(iii) due to an absence of competition for technical reasons; 
 
 (c) for additional deliveries by the original  supplier of goods or services that were not 
 included in the initial procurement where a change of supplier for such additional  goods or services: 
 
(i) cannot be made for economic or technical reasons such as requirements of 
interchangeability or interoperability with existing equipment, software, 
services or installations procured under the initial procurement;  and 
 
(ii) would cause significant inconvenience or substantial duplication of costs for 
the procuring entity; 
 
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about 
by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;  
 
(e) for goods purchased on a commodity market; 
 
(f) where a procuring entity procures a prototype or a first good or service that is 
developed at its request in the course of, a nd for, a particular contract for research, 
experiment, study or original development.  Original development of a first good or 
service may include limited production or supply in order to incorporate the results of 
field testing and to demonstrate that the good or service is suitable for production or 
supply in quantity to acceptable quality st andards, but does not include quantity 
production or supply to establish commercia l viability or to recover research and 
development costs; 
 
(g) for purchases made under exceptionally advant ageous conditions that only arise in the 
very short term in the case of unusual dis posals such as those arising from liquidation, 
receivership or bankruptcy, but not for routine purchases from regular suppliers;  or 
 
(h) where a contract is awarded to a winner of a design contest provided that: 
 
(i) the contest has been organized in a manner that is consistent with the 
principles of this Agreement, in particular relating to the publication of a notice of intended procurement;  and 
 
(ii) the participants are judged by an independent jury with a view to a design 
contract being awarded to a winner. 
 
2. A procuring entity shall prepare a repor t in writing on each contract awarded under 
paragraph 1.  The report shall include the name of the procuring entity, the value and kind of goods or 
services procured and a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering. 
 GPA/W/315 
Page 26  
 
  Article XIV Electronic Auctions  
 
 Where a procuring entity intends to conduct a covered procurement using an electronic 
auction, the entity shall provide each participant,  before commencing the electronic auction, with: 
 
(a) the automatic evaluation method, including the mathematical formula, that is based on 
the evaluation criteria set out in the tender documentation and that will be used in the 
automatic ranking or re-ranking during the auction; 
 
(b) the results of any initial evaluation of the elements of its tender where the contract is 
to be awarded on the basis of the most advantageous tender;  and 
 
(c) any other relevant information rela ting to the conduct of the auction. 
 
Article XV Treatment of Tenders and Awarding of Contracts 
 
Treatment of Tenders  
 
1. A procuring entity shall receive, open and treat  all tenders under procedures that guarantee the 
fairness and impartiality of the procurement process, and the confidentiality of tenders. 
 
2. A procuring entity shall not penalize any su pplier whose tender is received after the time 
specified for receiving tenders if the delay is due so lely to mishandling on th e part of the procuring 
entity.  3. Where a procuring entity provides a supplier with an opportunity to correct unintentional 
errors of form between the opening of tenders a nd the awarding of the contract, the procuring entity 
shall provide the same opportunity to all participating suppliers. 
 
Awarding of Contracts 
 
4. To be considered for an award, a tender shall be submitted in writing and shall, at the time of 
opening, comply with the essential requirements se t out in the notices and tender documentation and 
be from a supplier that satisfies th e conditions for participation. 
 5. Unless a procuring entity determines that it is no t in the public interest to award a contract, 
the entity shall award the contract to the supplier that the entity has determ ined to be capable of 
fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the 
notices and tender documentation, has submitted:  
  (a) the most advantageous tender;  or   (b) where price is the sole criterion, the lowest price. 
 
6. Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted, it may verify w ith the supplier that it satisfies the conditions for 
participation and is capable of fulfilling the terms of the contract.  
7. A procuring entity shall not use options, cancel a procurement or modify awarded contracts in 
a manner that circumvents the obligations under this Agreement.  
  GPA/W/315 
 Page 27 
 
 
  Article XVI Transparency of Procurement Information  
 
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform partic ipating suppliers of the entity's contract award 
decisions and, on the request of a supplier, shall do so in writing.  Subject to paragraphs 2 and 3 of 
Article XVII, a procuring entity shall, on requ est, provide an unsuccessful supplier with an 
explanation of the reasons why the entity did not select its tender and the relative advantages of the 
successful supplier's tender.  Publication of Award Information 
 
2. Not later than 72 days after the award of each contract covered by this Agreement, a 
procuring entity shall publish a notice in the a ppropriate paper or electronic medium listed in 
Appendix III.  Where the entity publishes the notice only in an electronic medium, the information 
shall remain readily accessible for a reasonable period of time.  The notice shall include at least the 
following information:  
(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 
in accordance with Article XIII, a descripti on of the circumstances justifying the use 
of limited tendering. 
 
Maintenance of Documentation, Reports and Electronic Traceability  
 
3. Each procuring entity shall, for a period of at least three years from the date it awards a 
contract, maintain:  
 
 (a) the documentation and reports  of tendering procedures and contract awards relating to 
 covered procurement, including the re ports required under Article XIII;  and 
  (b) data that ensure the appropriate traceab ility of the conduct of covered procurement by 
 electronic means. 
 
Collection and Reporting of Statistics  
 
4. Each Party shall collect and report to the Co mmittee statistics on its contracts covered by this 
Agreement.  Each report shall cover one year and be submitted within two years of the end of the 
reporting period, and shall contain:  
 GPA/W/315 
Page 28  
 
  (a) for Annex 1 procuring entities: 
 
(i) the number and total value, for all su ch entities, of all contracts covered by 
this Agreement; 
 
(ii) the number and total value of all contracts covered by this Agreement 
awarded by each such entity, broken down by categories of goods and services according to an internationa lly recognized uniform classification 
system;  and  
 
(iii) the number and total value of all contracts covered by this Agreement 
awarded by each such entity under limited tendering; 
 
(b) for Annex 2 and 3 procuring entities, the number and total value of contracts covered 
by this Agreement awarded by all such  entities, broken down by Annex;  and 
 
(c) estimates for the data required under subpa ragraphs (a) and (b), with an explanation 
of the methodology used to develop the estimates, where it is not feasible to provide the data.  
 5. Where a Party publishes its statistics on an offici al website, in a manner that is consistent with 
the requirements of paragraph 4, the Party may substitute a notification to the Committee of the 
website address for the submission of the data under paragraph 4, with any instructions necessary to 
access and use such statistics.  6. Where a Party requires notices concerning awarde d 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 th e covered contracts, the Party may substitute a notification to the 
Committee of the website address for the submissi on of the data under paragraph 4, with any 
instructions necessary to access and use such data.  
Article XVII Disclosure of Information  
 
Provision of Information to Parties  
 
1. On request of any other Party, a Party sha ll provide promptly any information necessary to 
determine whether a procurement was conducted fa irly, impartially and in accordance with this 
Agreement, including information on the charact eristics and relative advantages of the successful 
tender.  In cases where release of the information w ould prejudice competition in future tenders, the 
Party that receives the information shall not disclo se it to any supplier, except after consulting with, 
and obtaining the agreement of, the Party that provided the information.  
 
Non-Disclosure of Information 
 
2. Notwithstanding any other provision of this Agreement, a Party, including its procuring 
entities, shall not provide to any particular supplie r information that might prejudice fair competition 
between suppliers.   GPA/W/315 
 Page 29 
 
 
  3. Nothing in this Agreement shall be construe d to require a Party, including its procuring 
entities, authorities and review bodies, to disclo se confidential information where disclosure: 
 
(a) would impede law enforcement; 
 
(b) might prejudice fair competition between suppliers; 
 
(c) would prejudice the legitimate commercia l interests of particular persons, including 
the protection of intellectual property;  or 
 
(d) would otherwise be contrary to the public interest. 
 
Article XVIII Domestic Review Procedures  
 
1. Each Party shall provide a timely, e ffective, transparent and non-discriminatory 
administrative or judicial review procedure through which a supplier may challenge: 
  (a) a breach of the Agreement;  or   (b) where the supplier does not have a right to challenge directly a breach of the 
 Agreement under the domestic law of a Part y, a failure to comply with a Party's 
 measures implementing this Agreement, 
 arising in the context of a covered procurement, in wh ich the supplier 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, arising in the c ontext of covered procurement in 
which the supplier has, or has had, an interest, that there has been a breach or a failure as referred to in 
paragraph 1, the Party of the procuring entity c onducting the procurement shall encourage the entity 
and the supplier to seek resolution of the compla int through consultations.  The entity shall accord 
impartial and timely consideration to any such comp laint in a manner that is not prejudicial to the 
supplier's participation in ongoing or future procurement or its right to seek corrective measures under 
the administrative or judicial review procedure. 
 3. Each supplier shall be allowed a sufficient pe riod of time to prepare and submit a challenge, 
which in no case shall be less than 10 days from the time when the basis of the challenge became 
known or reasonably should have  become known to the supplier.  
 
4. Each Party shall establish or designate at le ast one impartial administrative or judicial 
authority that is independent  of its procuring entities to receive and review a challenge
 by a supplier 
arising in the context of a covered procurement.  5. Where a body other than an authority referred to in paragraph 4 initially reviews a challenge, 
the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative or 
judicial authority that is independent of the proc uring entity whose procurement is the subject of the 
challenge.  6. Each Party shall ensure that a review body that is not a court shall have its decision subject to 
judicial review or have procedures that provide that:  
 
(a) the procuring entity shall respond in writing to the challenge  and disclose all relevant 
documents to the review body; 
 GPA/W/315 
Page 30  
 
  (b) the participants to the pr oceedings (hereinafter referred to as "participants") shall 
have the right to be heard prior to a decision of the review body being made on the challenge; 
 
(c) the participants shall have the ri ght to be represented and accompanied; 
 
(d) the participants shall have access to all proceedings; 
 
(e) the participants shall have the right to request that the proceedings take place in 
public and that witnesses may be presented;  and 
 
(f) the review body shall make its decisions or recommendations in a timely fashion, in 
writing, and shall include an explana tion 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 s upplier's opportunity to participate in the 
procurement.  Such interim measures may result in suspension of the procurement 
process.  The procedures may provide that  overriding adverse consequences for the 
interests concerned, including the public in terest, may be taken into account when 
deciding whether such measures should be app lied.  Just cause for not acting shall be 
provided in writing;  and  
 
(b) where a review body has determined that there has been a breach  or a failure as 
referred to in paragraph 1, corrective acti on or compensation for the loss or damages 
suffered, which may be limited to either the costs for the preparation of the tender or 
the costs relating to the challenge, or both. 
 
Article XIX Modifications and Rectifications to Coverage 
 
Notification of Proposed Modification 
 
1. A Party shall notify the Committee of any propo sed rectification, transfer of an entity from 
one annex to another, withdrawal of an entity or other modification of its annexes to Appendix I (any 
of which is hereinafter referre d to as "modification").  The Party proposing the modification 
(hereinafter referred to as "modifying Part y") shall include in the notification: 
 
(a) for any proposed withdrawal
 of an entity from its annex es to Appendix I in exercise 
of its rights on the grounds that government control or influence over the entity's covered procurement has been effectively e liminated, evidence of such elimination;  
or 
 
(b) for any other proposed modification, info rmation as to the likely consequences of the 
change for the mutually agreed covera ge provided for in this Agreement. 
 
Objection to Notification 
 2. Any Party whose rights under this Agreement may be affected by a proposed modification 
notified under paragraph 1 may notify the Committee of  any objection to the proposed modification.  
Such objections shall be made within 45 days from th e date of the circulation to the Parties of the 
notification, and shall set out reasons for the objection.   GPA/W/315 
 Page 31 
 
 
  Consultations  
 
3. The modifying Party and any Party making an objection (hereinafter referred to as "objecting 
Party") shall make every attempt to resolve the objection through consultations.  In such 
consultations, the modifying and objecting Par ties shall consider the proposed modification: 
 
 (a) in the case of a notification under paragr aph 1(a), in accordance with any indicative 
 criteria adopted pursuant to paragraph 8(b) , indicating the effective elimination of 
 government control or influence over an entity's covered procurement;  and  
 
 (b) in the case of a notification under para graph 1(b), in accordance with any criteria 
 adopted pursuant to paragraph 8(c), relati ng to the level of compensatory adjustments 
 to be offered for modifications, with a vi ew to maintaining a balance of rights and 
 obligations and a comparable level of mu tually agreed coverage provided in this 
 Agreement. 
 
Revised Modification 
 
4. Where the modifying Party and any obj ecting Party resolve the objection through 
consultations, and the modifying Party revises its  proposed modification as a result of those 
consultations, the modifying Part y shall notify the Committee in acco rdance with paragraph 1, and 
any such revised modification shall only be effec tive after fulfilling the requirements of this Article. 
 
Implementation of Modifications 
 
5. A proposed modification shall become effective only where: 
 
(a) no Party submits to the Committee a wr itten objection to the proposed modification 
within 45 days from the date of circulation of the notification of the proposed modification under paragraph 1; 
 
(b) all objecting Parties have notified the Co mmittee that they withdraw their objections 
to the proposed modification;  or 
 
(c) 150 days from the date of circulation of the notification of the proposed modification 
under paragraph 1 have elapsed, and th e modifying Party has informed the 
Committee in writing of its intention to implement the modification. 
 
Withdrawal of Substantially Equivalent Coverage 
 
6. Where a modification becomes effective pursu ant to paragraph 5(c), any objecting Party may 
withdraw substantially equivalent  coverage.  Notwithstanding Articl e IV:1(b), a withdrawal pursuant 
to this paragraph may be implemen ted solely with respect to the modifying Party.  Any objecting 
Party shall inform the Committee in writing of any such withdrawal at least 30 days before the 
withdrawal becomes effective.  A withdrawal pursuan t to this paragraph shall be consistent with any 
criteria relating to the level of compensatory ad justment adopted by the Committee pursuant to 
paragraph 8(c).  
 GPA/W/315 
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  Arbitration Procedures to Facilita te Resolution of Objections 
 
7. Where the Committee has adopted arbitrati on procedures to facilitate the resolution of 
objections pursuant to paragraph 8, a modifying or  any objecting Party may invoke the arbitration 
procedures within 120 days of circulation of the notification of the proposed modification: 
 
 (a) Where no Party has invoked the arbitration procedures within the time-period: 
(i) notwithstanding paragraph 5(c), the proposed modification shall become 
effective where 130 days from the date of  circulation of the notification of the 
proposed modification under paragraph 1 have elapsed, and the modifying 
Party has informed the Committee in writi ng of its intention to implement the 
modification;  and  
 (ii) no objecting Party may withdraw  coverage pursuant to paragraph 6. 
 (b) Where a modifying Party or objecting Party has invoked the arbitration procedures: 
(i) notwithstanding paragraph 5(c), the proposed modification shall not become 
effective before the completion of the arbitration procedures; 
(ii) any objecting Party that intends to enforce a right to compensation, or to 
withdraw substantially equivalent cove rage pursuant to paragraph 6, shall 
participate in the arbitration proceedings; 
(iii) a modifying Party should comply with the results of the arbitration  
procedures in making any modification e ffective pursuant to paragraph 5(c);  
and 
(iv) where a modifying Party does not comp ly with the results of the arbitration 
procedures in making any modification e ffective pursuant to paragraph 5(c), 
any objecting Party may withdraw substa ntially equivalent coverage pursuant 
to paragraph 6, provided that any such  withdrawal is consistent with the 
result of the arbitration procedures. 
Committee Responsibilities 
 
8. The Committee shall adopt:   (a) arbitration procedures to facilitate re solution of objections  under paragraph 2; 
 
(b) indicative criteria that demonstrate the e ffective elimination of government control or 
influence over an entity's covered procurement;  and 
 
(c) criteria for determining the level of co mpensatory adjustment to be offered for 
modifications made pursuant to paragraph 1(b) and of substantially equivalent 
coverage under paragraph 6. 
  GPA/W/315 
 Page 33 
 
 
  Article XX Consultations and Dispute Settlement  
 
1. Each Party shall accord sympathetic consider ation to and shall afford adequate opportunity 
for consultation regarding any re presentation made by another Party with respect to any matter 
affecting the operation of this Agreement.  
 
2. Where any Party considers that any benefit accr uing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that th e attainment of any objective of this Agreement is 
being impeded as the result of:  
(a) the failure of another Party or Parti es to carry out its obligations under this 
Agreement;  or 
 
(b) the application by another Party or Parti es of any measure, whether or not it conflicts 
with the provisions of this Agreement, 
 
it may, with a view to reaching a mutually satisf actory solution to the matter, have recourse to the 
provisions of the Understanding on Rules and Pro cedures Governing the Settlement of Disputes 
(hereinafter referred to as "the Dispute Settlement Understanding"). 
 3. The Dispute Settlement Understanding shall a pply to consultations and the settlement of 
disputes under this Agreement, with the exception th at, notwithstanding paragraph 3 of Article 22 of 
the Dispute Settlement Understanding, any dispute arising under any Agreement listed in Appendix 1 
to the Dispute Settlement Understanding other than this Agreement shall not result in the suspension 
of concessions or other obligations under this Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of concessions or other oblig ations under any other 
Agreement listed in Appendix 1 of the Dispute Settlement Understanding. 
 
Article XXI Institutions  
 
Committee on Government Procurement  
 1. There shall be a Committee on Government  Procurement composed of representatives from 
each of the Parties.  This Committee shall elect its  own Chairman and shall meet as necessary, but not 
less than once a year, for the purpose of affording Parties the opportunity to consult on any matters 
relating to the operation of this Agreement or the fu rtherance of its objectives, and to carry out such 
other responsibilities as may be assigned to it by the Parties.  
 
2. The Committee may establish working parties or other subsidiary bodies that shall carry out such functions as may be give n to them by the Committee. 
 3. The Committee shall annually:  
 (a) review the implementation and operation of this Agreement;  and 
 
(b) inform the General Council of its activities,  pursuant to Article IV:8 of the Marrakesh 
Agreement Establishing the World Trade Organization (hereinafter referred to as "WTO Agreement"), and of developmen ts relating to the implementation and 
operation of this Agreement. 
 GPA/W/315 
Page 34  
 
  Observers  
 
4. Any WTO Member that is not a Party to this Agreement shall be entitled to participate in the 
Committee as an observer by submitting a written not ice to the Committee.  Any WTO observer may 
submit a written request to the Committee to partic ipate in the Committee as an observer, and may be 
accorded observer status by the Committee.  
 
Article XXII Final Provisions  
 
Acceptance and Entry into Force  
 
1. This Agreement shall enter into force on 1 January 1996 for those governments
1 whose 
agreed coverage is contained in Annexes of A ppendix I of this Agreement, and which have, by 
signature, accepted the Agreement on 15 April 1994, or have, by that date, signed the Agreement 
subject to ratification and have subsequently ratified the Agreement before 1 January 1996. 
 
Accession  
 
2. Any Member of the WTO may accede to this Ag reement on terms to be agreed between that 
Member and the Parties, as set out in a decision of the Committee.  Accession shall take place by deposit with the Director-General of the WTO of an  instrument of accession that states the terms so 
agreed.  This Agreement shall enter into fo rce for a Member acceding to it on the 30
th day following 
the deposit of its instrument of accession.  
Reservations  
 3. No Party may enter a reservation in resp ect of any provision of this Agreement. 
 
Domestic Legislation  
 
4. Each Party shall ensure, not later than the date of entry into force of th is Agreement for it, the 
conformity of its laws, regulations and administ rative procedures, and the rules, procedures and 
practices applied by its procuring entities, with the provisions of this Agreement.  
 5. Each Party shall inform the Committee of any ch anges to its laws and re gulations relevant to 
this Agreement and in the administra tion of such laws and regulations. 
 Future Negotiations and Future Work Programmes  
 
6. Each Party shall seek to avoid introducing or  continuing discriminatory measures that distort 
open procurement.  7. Not later than the end of three years from th e date of entry into force of the Protocol 
Amending the Agreement on Government Procur ement, adopted on [DATE], and periodically 
thereafter, the Parties shall undertake further negot iations, with a view to improving the Agreement, 
progressively reducing and eliminating discriminatory measures, and achieving the greatest possible extension of its coverage among all Parties on the basis of mutual reciprocity, taking into 
consideration the needs of developing countries.  
                                                      
1 For the purpose of this Agreement, the term "government" is deemed to include the competent 
authorities of the European Union.  GPA/W/315 
 Page 35 
 
 
  8. (a) The Committee shall undertake further work to facilitate the implementation of the 
Agreement and the negotiations provided for in paragraph 7, through the adoption of 
work programmes for the following items: 
  (i) the treatment of small and medium-sized enterprises;  
 
 (ii) the collection and dissemination of statistical data; 
  (iii) the treatment of sustainable procurement;  
 (iv) exclusions and restricti ons in Parties' Annexes;  and 
  (v) safety standards in international procurement.   (b) The Committee: 
 
(i) may adopt a decision that contains a list of work programmes on 
additional items, which may be review ed and updated periodically;  and 
 
(ii) shall adopt a decision setting out the work to be undertaken on a particular 
work programme under subparagraph (a) or (b)(i). 
 
9. Following the conclusion of the work progr amme to harmonize rules of origin for goods 
being undertaken under the Agreement on Rules of Origin in Annex 1A of the WTO Agreement and 
negotiations regarding trade in services, the Parties shall take the results of that work programme and 
those negotiations into account in am ending Article IV:5, as appropriate.  
 
10. Not later than the end of the fifth year from the date of entry into force of the protocol of amendment to this Agreement, the Committee shall examine the a pplicability of Article XX:2(b). 
 
Amendments  
 11. The Parties may amend this Agreement.  Th e decision to approve an amendment shall be 
made by consensus.  An amendment shall become effective as follows:   (a) except as provided for in subparagraph (b ), an amendment shall take effect, in 
respect of those Parties that accept it, upon acceptance by two thirds of the Parties 
and thereafter for each other Party upon acceptance by it; 
  (b) an amendment that the Committee, by con sensus, has determined to be of a nature 
that would not alter the rights and obligations  of the Parties shall take effect for all 
Parties upon acceptance by two thirds of the Parties. 
 Withdrawal 
 
12. Any Party may withdraw from this Agreement.   The withdrawal shall take effect upon the 
expiration of 60 days from the date the Director-G eneral of the WTO receives written notice of the 
withdrawal.  Any Party may, upon such notification,  request an immediate meeting of the Committee. 
 
13. Where a Party to this Agreement ceases to be  a Member of the WTO, it shall cease to be a 
Party to this Agreement with effect on the date  on which it ceases to be a Member of the WTO. 
 GPA/W/315 
Page 36  
 
  Non-application of this Agreemen t between Particular Parties 
 
14. This Agreement shall not apply as between any two Parties where either Party, at the time it 
accepts or accedes to this Agreement, do es not consent to such application. 
 Appendices 
 
15. The Appendices to this Agreement c onstitute an integral part thereof. 
 
Secretariat 
 
16. This Agreement shall be serviced by the WTO Secretariat. 
 
Deposit 
 
17. This Agreement shall be deposited with the Director-General of the WTO, who shall 
promptly furnish to each Party a certified true copy of this Agreement, of each rectification or modification thereto pursuant to Article XIX and of  each amendment pursuant to paragraph 11, and a 
notification of each accession thereto pursuant to paragraph 2 and of each withdrawal pursuant to 
paragraphs 12 or 13. 
 
Registration 
 
18. This Agreement shall be registered in acco rdance with the provisions of Article 102 of the 
Charter of the United Nations. 
 
 Done at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four in a 
single copy, in the English, French and Spanis h languages, each text being authentic, except as 
otherwise specified with respect to the Appendices hereto. 
 
  GPA/W/315 
 Page 37 
 
 
  ANNEX 3 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT ON 
NOTIFICATION REQUIREMENTS UNDER ARTICLES XIX AND XXII OF THE 
AGREEMENT 
 
Decision of [day/month/year] 
   The Committee on Government Procurement, 
 Considering  the importance of transparency of la ws and regulations relevant to this 
Agreement, including changes thereto as re quired by Article XXII:5 of the Agreement;  
Considering  also the importance of maintaining accurate lists of entities covered under a 
Party's Annexes to Appendix I of the Agreement, in accordance with Article XIX of the Agreement; 
 Acknowledging the challenges to Parties of submitting timely notifications to the Committee 
of changes to their laws and regulations relevant to the Agreement, as required by Article XXII:5 of 
the Agreement, and of proposed rectifications to its Annexes to Appendix I, as required by 
Article XIX:1 of the Agreement; 
Considering  that the provisions of Article XIX of the Agreement distinguish between 
notifications of proposed rectifications that do not change the mutually agreed coverage provided for 
in the Agreement and other types of proposed modifications of its Annexes to Appendix I; 
Recognizing that technological changes have allowed many Parties to make use of electronic 
means to provide information on their government procurement regimes and to notify Parties of 
changes to that regime; 
 Hereby decides  as follows: 
Annual Notifications of Chang es in Laws and Regulations 
 
1. Where a Party maintains officially designated electronic media that provide links to its current 
laws and regulations relevant to this Agreement and its laws and re gulations are available in one of 
the WTO official languages, and such media are listed in Appendix II, the Party may fulfil the requirement in Article XXII:5 by notifying the Comm ittee annually, at the end of the year, of any 
changes unless such changes are substa ntive, that is, they may affect the Party's obligations under the 
Agreement;  and in such cases, a notification shall be made immediately. 
 2. The Parties shall have an opportunity to discuss the annual notification of a Party during the first informal meeting of the Committee in the following year.  
Proposed Rectifications of a Party's Annexes to Appendix 1 
 
3. The following changes to a Pa rty's Annexes to Appendix I shall be considered a rectification 
under Article XIX of the Agreement: 
(a) changes in the name of an entity; (b) merger of one or more entities listed within an Annex;  and GPA/W/315 
Page 38  
 
  (c) the separation of an entity listed in an Annex into two or more entities that are all 
added to the entities listed in the same Annex. 
4. In the case of proposed rectifications to a Party's Annexes under A ppendix I covered under 
paragraph 3, the Party shall notify the Committee every two years, commencing with the entry into force of the Protocol of Amendment to the Existing (1994) Agreement. 
5. A Party may notify the Committee of an objection to a proposed rectification within 45 days 
from the date of the circulation to the Parties of the notification.  In accordance with Article XIX:2, 
where a Party submits an objection, it shall set out the reasons for the objection, including the reasons 
why it believes the proposed rectification would affect the mutually agreed coverage under the 
Agreement and therefore the proposed rectification is not subject to paragraph 3.  If there is no written 
objection, the proposed rectifications become effectiv e 45 days after the circulation of the notification, 
as provided for in Article XIX:5(a). 
6. Within four years of the adoption of this De cision, the Parties shall review its operation and 
effectiveness, and make any necessary adjustments.  
  GPA/W/315 
 Page 39 
 
 
  ANNEX 4 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT 
ON ADOPTION OF WORK PROGRAMMES 
 
Decision of [day/month/year] 
   The Committee on Government Procurement,  
 Noting that pursuant to Article XXII:8(b), the Committee may adopt a decision listing 
additional work programmes, which the Committee shall undertake to facilitate the implementation of 
the Agreement and the negotiations provided for in Article XXII:7 of the Agreement; 
  Decides as follows: 
 
1. The following work programmes are added to the list of work programmes on which the 
Committee shall conduct future work:  
(a) a review of the use, transparency and the legal frameworks of public-private 
partnerships, and their relati onship to covered procurement; 
 
(b) the advantages and disadvantages of deve loping common nomenclature for goods and 
services;  and 
 
(c) the advantages and disadvantages of developing standardized notices. 
 
2. The Committee shall develop the scope and ti metable for each such work programme at a 
later date.  3. The Committee shall
 periodically review this list of programmes and make appropriate 
adjustments. 
 
 GPA/W/315 
Page 40  
 
  ANNEX 5 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT 
ON A WORK PROGRAMME FOR SMEs 
 
Decision of [day/month/year] 
   The Committee on Government Procurement,  
 Noting that Article XXII:8(a) of the Agreemen t on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodi cally review a work programme, including a work 
programme for small and medium-sized enterprises (SMEs);   Recognizing the importance of facilitating the par ticipation of SMEs in government 
procurement;  and 
  Recognizing  that Parties have agreed in Article  XXII:6 to seek to avoid introducing or 
continuing discriminatory measures that distort open procurement; 
  Hereby  adopts the following work progr amme with respect to SMEs: 
 
1. Initiation of Work Programme for SMEs :  At the first meeting of the Committee after the 
entry into force of the Protocol of Amendment to  the Existing (1994) Agreement, the Committee shall 
initiate a Work Programme for SMEs.  The Committ ee shall review measures and policies for SMEs 
that the Parties use to assist, promote, encourage,  or facilitate participation by SMEs in government 
procurement and prepare a report of the results of the review. 
2. Avoidance of Discriminatory SME Measures :  The Parties shall avoid introducing 
discriminatory measures that favour only domestic SMEs and shall discourage the introduction of 
such measures and policies by acceding Parties.  
3. Transparency Programme and SME Survey 
3.1 Transparency Programme 
 Upon entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the 
Parties that maintain in their Appendix I specifi c provisions on SMEs, including set-asides, shall 
notify the Committee of such measures and policies.  The notification should include a full description of the measures and policies, their releva nt legal framework together with their operation 
and the value of the procurement subject to such me asures.  In addition, those Parties shall notify the 
Committee of any substantial change in such  measures and policies, in accordance with 
Article XXII:5 of the Agreement.  
3.2 SME Survey 
 
(a) The Committee shall survey the Parties,  through the use of a questionnaire seeking 
information regarding the measures and polices used to assist, promote, encourage, or 
facilitate participation by SMEs in gove rnment procurement.  The questionnaire 
should seek information from each Party regarding:  GPA/W/315 
 Page 41 
 
 
  (i) a description of the measures and polic ies used by the Party, including the 
economic, social, and other goals of th e measures and policies and how they 
are administered; 
(ii) how the Party defines SMEs; (iii) the extent to which the Party has speci alized agencies or institutions to assist 
SMEs with respect to government procurement; 
(iv) the level of participation in govern ment procurement in terms of both value 
and number of contracts awarded to SMEs; 
(v) a description of SME subcontracting measures and policies, including 
subcontracting goals, guarantees, and incentives; 
(vi) facilitation of SMEs participation in joint bidding (with other large or small 
suppliers); 
(vii) measures and policies focused on providing opportunities for SMEs to 
participate in government procurement (such as enhanced transparency and 
availability of government procurement information to SMEs;  simplifying 
qualifications for participation in tende ring;  reducing contract sizes;  and 
ensuring timely payments for deliveries of goods and services);  and 
(viii) the use of government procuremen t measures and policies to stimulate SME 
innovation. 
(b) Compilation of SME Survey by WTO Secretariat:  The WTO Secretariat shall fix a 
deadline for the transmission of the responses to the questionnaire by all Parties to the 
WTO Secretariat.  Upon receipt of the responses, the Secretariat shall prepare a 
compilation of the responses and circulate the responses and the compilation to the Parties.  The Secretariat shall include a list of Parties with outstanding responses. 
(c) Exchanges among Parties on Responses to SME Questionnaires:  On the basis of the 
document prepared by the WTO Secretariat, the Committee shall establish a period 
for the exchange of questions, requests fo r additional information, and comments on 
the responses of the other Parties. 
 
4. Assessment of the Results of SME Survey and Implementation of Its Outcome 
4.1 Assessment of the Results of SME Survey 
  The Committee shall identify the measures and po licies that it considers to be best practices 
for promoting and facilitating the par ticipation of SMEs of the Parties  in government procurement and 
prepare a report that includes the best practices of  the measures and policies and a list of the other 
measures.  4.2 Implementation of the Outcome of the SME Survey 
(a) The Parties shall promote the adoption of the best practices identified in the 
assessment of the survey to encourage and facilitate participation of SMEs of the 
Parties  in government procurement. GPA/W/315 
Page 42  
 
  (b) With respect to other measures, the Committee shall encourage the Parties that 
maintain such measures to review them with  a view to eliminating them or applying 
them to the SMEs of the other Parties.  These Parties shall inform the Committee about the outcome of the review.  
(c) The Parties that maintain other measures shall include the value of the procurement 
subject to such measures in the statistics  that they submit to the Committee pursuant 
to Article XVI:4 of the Agreement. 
(d) Parties may request the inclusion of such other measures in future negotiations under 
Article XXII:7 of the Agreement, and such requests shall be favorably  considered 
by the Party maintaining such measures. 
5. Review 
 Two years after the entry into force of the Protocol of Amendment to the Existing (1994) 
Agreement, the Committee shall revi ew the effect of the best practices on expanding the participation 
of SMEs of the Parties in government procuremen t, and consider whether other practices would 
further enhance participation by SMEs.  It may al so consider the effect of other measures on the 
participation by SMEs of the other Parties in th e government procurement of the Parties maintaining 
such measures.    GPA/W/315 
 Page 43 
 
 
  ANNEX 6 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT ON 
A WORK PROGRAMME ON THE COLLECTION AND REPORTING OF  
STATISTICAL DATA 
 
Decision of [day/month/year] 
   The Committee on Government Procurement, 
 Noting that Article XXII:8(a) of the Agreemen t on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodi cally review a work programme, including a work 
programme on the collection and reporting of statistical data; 
  Considering  the importance of the collection and repor ting of statistical data, as required by 
Article XVI:4 of the Agreement on Government Proc urement (Agreement), in providing transparency 
of procurement covered under the Agreement;  
Considering that statistical data that illustrate the extent to which the Parties procure goods 
and services covered by the Agreement from other Pa rties to the Agreement could be an important 
tool in encouraging other WTO Members to accede to the Agreement; 
Recognizing  the overall challenges of Parties to the Ag reement in collecting data in the area 
of government procurement and in particular in de termining the country of origin of the goods and 
services that they procure under the Agreement;  and 
 Recognizing that Parties use different methodologies in their collection of statistics to meet 
the reporting requirements in Article XVI:4 of th e Agreement, and may use different methodologies 
in the collection of data for central government entities and sub-central government entities; 
Hereby  adopts the following work programme with respect to the collection and reporting of 
statistical data:  1. Initiation on the Collection and Reporting of Statistical Data :  At the first meeting of the 
Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, 
the Committee shall initiate a Work  Programme on the Collection and Reporting of Statistical Data.  
The Committee shall review the collection and reporting of statistical data by the Parties, consider the 
potential of harmonizing them, and prepare a report of the results.  2. Submission of Data by the Parties :  The Committee shall agree on a date by which each 
Party shall submit to the Committee the following in formation with respect to statistical data on 
procurement covered by the Agreement: 
 
(a) a description of the methodology that it uses to collect, evaluate, and report statistical 
data, above and below Agre ement thresholds and for procurement described in 
paragraph 4.2(c) of the SME Work Programme, including whether it bases the data on procurement covered by the Agreement on th e full value of awarded contracts or the 
total expenditure for procurem ent in a given time-frame; 
 
(b) whether the statistical data that it collects includes the country of origin of the goods 
or services that are procured, and if so, how it determines or estimates the country of origin, and the technical impediments in collecting country of origin data; GPA/W/315 
Page 44  
 
   
(c) an explanation of the classifications used in statistical reports;  and 
 
(d) a description of the sources of data. 
 
3. Compilation of Submissions :  The Secretariat shall prepare a compilation of the submissions 
and circulate the submissions and the compilation to th e Parties.  The Secretariat shall include a list of 
Parties with outstanding submissions.  4. Recommendations :  The Committee shall review the su bmissions of the Parties and make 
recommendations on: 
 
(a) whether the Parties should adopt a common method for collection of statistics; 
 
(b) whether the Parties are able to standardi ze the classifications in the statistical data 
reported to the Committee; 
 
(c) means for facilitating the collection of country of origin of goods and services 
covered by the Agreement;  and 
 
(d) other technical issues in government procurement data reporting raised by any Party. 
 
5. The Committee shall develop, as appr opriate, recommendations relating to: 
 
(a) potential harmonization of statistical repor ting with the aim of including government 
procurement statistics in the annual reporting of the WTO; 
 
(b) the Secretariat's provision of technical assistance relating to statistical reporting to 
WTO Members that are in the process of acceding to the Agreement;  and 
 
(c) means of ensuring that WTO Members th at are acceding to the Agreement have the 
appropriate means for complying with st atistical data collection and reporting 
requirements. 
 6. Analysis of data :  The Committee shall consider how th e statistical data submitted to the 
Secretariat annually by Parties may be used for fu rther analyses to facilitate greater understanding of 
the economic importance of the Agreement, including the impact of thresholds on the performance of 
the Agreement. 
   GPA/W/315 
 Page 45 
 
 
  ANNEX 7 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT 
ON A WORK PROGRAMME ON SUSTAINABLE PROCUREMENT 
 
Decision of [day/month/year] 
   The Committee on Government Procurement,  
 Noting that Article XXII:8(a) of the Agreemen t on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodi cally review a work programme, including a work 
programme on sustainable procurement;   Recognizing that several Parties have developed national and sub-national sustainable 
procurement policies; 
  Affirming the importance of ensuring that all procurement is undertaken in accordance with 
the principles of non-discrimination and tr ansparency as reflected in the Agreement;  
 
 Hereby  adopts a work programme with resp ect to sustainable procurement: 
 
1. Initiation of Work Programme on Sustainable Procurement :  At the first meeting of the 
Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, 
the Committee shall initiate a Work Pr ogramme on Sustainable Procurement. 
 
2. The work programme shall examine topics that include: 
 
(a) the objectives of sustainable procurement; 
(b) the ways in which the concept of sustaina ble procurement is integrated into national 
and sub-national procurement policies; 
 
(c) the ways in which sustainable procuremen t can be practiced in a manner consistent 
with the principle of "best value for money";  and 
 
(d) the ways in which sustainable procuremen t can be practiced in a manner consistent 
with Parties' international trade obligations. 
 3. The Committee shall identify measures and po licies that it considers to be sustainable 
procurement practiced in a manner c onsistent with the principle of "best value for money" and with 
Parties' international trade obligatio ns and prepare a report that lists the best practices of the measures 
and policies. 
 
 GPA/W/315 
Page 46  
 
  ANNEX 8 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT ON 
A WORK PROGRAMME ON EXCLUSIONS AND RESTRICTIONS IN  
PARTIES' ANNEXES 
 
Decision of [day/month/year] 
   The Committee on Government Procurement, 
 
 Noting that Article XXII:8(a) of the Agreemen t on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodi cally review a work programme, including a work 
programme on exclusions and rest rictions in Parties' Annexes; 
 
 Recognizing  that Parties have included exclusions and restrictions in their respective Annexes 
to Appendix I of the Agreement (exclusions and restrictions); 
  Recognizing  the importance of transparent measures regarding government procurement;  and 
  Considering the importance of progressively reduci ng and eliminating exclusions and 
restrictions in future negotiations provided for in Article XXII:7 of the Agreement; 
  Hereby  adopts the following work programme with r espect to exclusions and restrictions in 
Parties' Annexes:  
1. Initiation of Work Programme on Exclusions and Restrictions :  At the first meeting of the 
Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, 
the Committee shall initiate a Work Programme on Excl usions and Restrictions  in Parties' Annexes 
with the objectives of: 
(a) enhancing transparency with respect to the scope and effect of exclusions and 
restrictions specified in Parties' Anne xes to Appendix I to the Agreement;  and 
(b) providing information relating to exclusions  and restrictions to facilitate negotiations 
provided for in Article XXII:7 of the Agreement. 
2. Transparency Programme :  Each Party shall submit to the Committee, no later than six 
months following the initiation of the Work Programme, a list of:  
(a) country specific exclusions it maintains in its Annexes to Appendix I to the 
Agreement;  and 
(b) any other exclusion or restriction spec ified in its Annexes to Appendix I to the 
Agreement that falls within the scope of Ar ticle II:2(e) of the Agreement, except for 
exclusions or restrictions under review in  the Work Programme for SMEs or where a 
Party has a commitment to phase out an exclusion or restriction in an Annex to Appendix I to the Agreement. 
3. Compilation of Submissions :  The Secretariat shall prepare a compilation of the submissions 
and circulate the submissions and the compilation to th e Parties.  The Secretariat shall include a list of 
Parties with outstanding submissions.   GPA/W/315 
 Page 47 
 
 
  4. Requests for Additional Informatio n:  Any Party may periodically request additional 
information concerning any exclusion or restricti on within the scope of pa ragraph 2(a) and (b), 
including measures that fall within the scope of a ny exclusion or restriction, their legal framework, 
implementation policies and practices and the value of  the procurement subject to such measures.  A 
Party receiving such a request shall prom ptly provide the requested information. 
 
5. Compilation of Additional Information :  The Secretariat shall prepare a compilation of the 
additional information in respect of any Pa rty and shall circulate it to the Parties. 
 6. Review by the Committee :  At the annual meeting provided for in Article XXI:3(a) of the 
Agreement, the Committee shall re view the information submitted by Parties with the view to 
determining whether it provides:  
(a) the fullest possible degree of transparen cy with respect to the exclusions and 
restrictions specified in Parties' Anne xes to Appendix I to the Agreement;  and 
 
(b) satisfactory information to facilitate the negotiations provided for in Article XXII:7 of 
the Agreement.  
 7. New Party Acceding to the Agreement :  A new Party that accedes to the Agreement shall 
submit to the Committee the list in paragra ph 2 within six months of its accession. 
 
 GPA/W/315 
Page 48  
 
  ANNEX 9 
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT ON 
A WORK PROGRAMME ON SAFETY STANDARDS IN INTERNATIONAL 
PROCUREMENT 
 
Decision of [day/month/year] 
   The Committee on Government Procurement, 
 
 Noting that Article XXII:8(a) of the Agreemen t on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodi cally review a work programme, including a work 
programme on safety standards in  international procurement; 
 
 Noting  that Article X:1 of the Agreement provid es that procuring entities "shall not prepare, 
adopt or apply any technical specification with the purpose or the effect of creating unnecessary 
obstacles to international trade";   Noting  that Article III:2(a) of the Agreement does not prevent Parties from imposing or 
enforcing measures necessary to protect of public saf ety, provided that such measures are not applied 
in a manner that would constitute a means of arbitr ary or unjustified discrimination or a disguised 
restriction on international trade;   Recognizing the need for a balanced approach between public safety and unnecessary 
obstacles to international trade; 
 
 Recognizing that diverging practices among the Parties as regards public safety may have an 
adverse effect on the performance of the Agreement; 
 
 Hereby  adopts the following work programme with respect to safety standards: 
 
1. Initiation of Work Programme on Safety  Standards in International Procurement :  At 
the first meeting of the Committee after the entry in to force of the Protocol of Amendment to the 
Existing (1994) Agreement, the Committee shall init iate a Work Programme on Safety Standards in 
International Procurement.  
2. The Work Programme shall examine topics with  the view to sharing best practices on items 
that include:  
(a) The manner in which public safety concerns  are addressed in legislation, regulations 
and practices of the Parties and guidelines relating to the implementation of the Agreement by procuring entities; 
(b) The relationship between the technical specifications provisions in Article X and 
protection of public safety in Article III of the Agreement and in the Parties' Annexes 
to Appendix 1; 
 
(c) The best practices that may be adopted to protect public safety in light of the 
provisions on technical specifications and tender documentation in Article X. 
  GPA/W/315 
 Page 49 
 
 
  3. The Committee shall develop the scope and timetable for the examination of each topic 
identified in paragraph 2.  The Committee shall pr epare a report that summarizes the outcome of its 
examination of these issues and lists the b est practices identifie d in paragraph 2(c). 
 
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