RESTRICTED  
  
GPA/TN1994/3/Rev.17  
 
8 December 2006  
(24-2596) Page: 1/31 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994   
 
* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs224 ) was derestricted on 8 November 2023.  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 8 DECEMBER 2006, 11.30 A.M. * 
NOTE  BY THE SECRETARIAT  
Revision  
This note reflects the state of the negotiations on the revision of the text of the Agreement on 
Government Procurement under Article  XXIV:7 as at 8 December 2006, 11.30 a.m.  
 
 
  GPA/TN1994/3/Rev.17  
 
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  Table of Contents  
Article I Definitions  ................................ ................................ ................................ ...... 3 
Article  II Scope and Coverage  ................................ ................................ ........................  5 
Article  III Exceptions to the Agreement  ................................ ................................ ............  7 
Article  IV Developing Countries  ................................ ................................ .......................  7 
Article V  General Principles  ................................ ................................ ............................  9 
Article  VI Information on the Procurement System  ................................ ........................... 10 
Article  VII Notices  ................................ ................................ ................................ ......... 10 
Article  VIII Conditions for Participation  ................................ ................................ .............. 12 
Article IX  Qualification of Suppliers  ................................ ................................ ................. 13 
Article  X Technical Specifications and Tender Documentation  ................................ ............ 15 
Article  XI Time-Periods  ................................ ................................ ................................ .16 
Article  XII Negotiation  ................................ ................................ ................................ ....18 
Article  XIII Limited Tendering  ................................ ................................ .......................... 18 
Article  XIV Electronic Auctions  ................................ ................................ ......................... 20 
Article  XVI Transparency of Procurement Information  ................................ ......................... 21 
Article  XVII Disclosure of Information  ................................ ................................ ................ 22 
Article  XVIII Domestic Review Procedures for Supplier Challenges  ................................ .......... 22 
Article  XIX Modifications and Rectifications to Coverage  ................................ ...................... 24 
Article  XX Consultations and Dispute Settlement  ................................ ............................... 26 
Article  XXI Institutions  ................................ ................................ ................................ ....26 
Article  XXII Final Provisions  ................................ ................................ .............................. 27 
 
 
  GPA/TN1994/3/Rev.17  
 
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  Preamble  
Parties to this Agreement (hereinafter referred to as "Parties "), 
 
Recognizing  the need for an effective multilateral framework for government procurement, with a 
view to achieving greater liberalization and expansion of, and improving the framework for, t he 
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 proce dural commitments under this Agreement should be sufficiently flexible 
to accommodate the specific circumstances of each Party;  
 
Recognizing  the need to take into account the development, financial, and trade needs of developing 
countries, in particular th e least -developed countries;  
 
Recognizing the importance of transparent measures regarding government procurement, of 
carrying out procurements in a transparent and impartial manner, and of avoiding conflicts of 
interest and corrupt practices, in accordanc e 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 acce ptance of and accession to this Agreement by WTO Members not party 
to it; 
 
Having undertaken  further negotiations in pursuance of these objectives;  
 
Hereby agree  as follows:  
 
Article  I Definitions  
For purposes of this Agreement:  
 
(a) commercial goods and services  means goods and services of a type generally 
sold or offered for sale in the commercial marketplace to, and customarily purchased 
by, non -governmental buyers for non -governmental purposes;  
 
(b) construction services contract  means a contract t hat has as its objective the 
realization by whatever means of civil or building works, based on Division  51 of the 
Provisional U.N. Central Product Classification (CPC);  
 
(c) country or countries  include any separate customs territory that is a Party to th is 
Agreement.  In the case of a separate customs territory that is a Party to this 
Agreement, where an expression in this Agreement is qualified by the term 
"national ", such expression shall be read as pertaining to that customs territory, 
unless otherwise specified;  
 
(d) days means calendar days;  
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  (e) 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 r elated to the evaluation criteria, or 
both, resulting in a ranking or re -ranking of tenders;  
 
(f) 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;  
 
(g) limited tendering  means a procurement method where the procuring entity 
contacts a supplier or suppliers of its choice;  
 
(h) measure  means any law, regulation, procedure, administrative guidance or 
practice, or any action of a procuring entity relating to a covered procurement;  
 
(i) multi -use list  means a list of suppliers that a procuring entity has determined 
satisfy the conditions for participation in that list, and that the procuring entity 
intends to use more than once;  
 
(j) notice of intended procurement  means a notice published by a procuring entity 
inviting interested suppliers to submit a request for participation, a tender, or both;  
 
(k) offsets  means any condition or undertaking that encourages local development or 
improves a Party 's balance -of-payments accounts, such as the use of domestic 
content, the licensing of technology, investment, counter -trade, and similar actions 
or requirements;  
 
(l) open tendering  means a procurement method where all interested suppliers may 
submit a tender;  
 
(m) person  means a natural person or a juridical person;  
 
(n) procuring entity  means an entity covered under Annex  1, 2, or 3 of Appendix  I of 
each Party;  
 
(o) qualified supplier  means a supplier that a procuring entity recognizes as having 
satisfied the conditions for participation;  
 
(p) selective tendering  means a procurement method where only suppliers satisfying 
the conditions for participation are invited by the procuring entity to submit a tender;  
 
(q) services  includes construct ion services, unless otherwise specified;  
 
(r) 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, wi th 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;  
 
(s) supplier  means a person or group of  persons that provides or could provide goods 
or services;  
 
(t) technical specification  means a tendering requirement that:  
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  (i) lays down the characteristics of goods or services to be procured, including 
quality, performance, safety, and dimensions, or the processes and methods 
for their production or provision;  or 
 
(ii) addresses terminology, symbols, packaging, marking, or labelling 
requirements, as they apply to a good or service.  
 
Article  II Scope and Coverage  
Application of Agreement  
 
1. This Agreement applies to any measure regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic means.  
 
2. For the purposes of this Agreement, covered procurement means procurement for 
governmental purposes:  
 
(a) of goods, services, or any combination thereof:  
 
(i) as specified in each Party 's Appendix  I; and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the 
production or supply of goods or services for commercial sale or resale;  
 
(b) by any contractual means, including purchase;  lease;  and rental or hire purchase, 
with or without an option to buy;  
 
(c) for which the value, as estimated in accordance with paragraphs  6 through 8, equals 
or exceeds the relevant threshold specified in 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 coverage in paragraph 4 or in a Party 's Appendix 
I. 
 
3. Except where provided  otherwise in a Party 's 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 prov ides, 
including cooperative agreements, grants, loans, equity infusions, guarantees, and 
fiscal incentives;  
 
(c) the procurement or acquisition of fiscal agency or depository services, liquidation 
and management services for regulated financial institutions, or services related to 
the sale, redemption and distribution of public debt, including loans and government 
bonds, notes and other securities;  
 
(d) public employment contracts;  
 
(e) procurement conducted:  
 
(i) for the specific purpose of prov iding international assistance,  
including development aid;  
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   (ii) under the particular procedure or condition of an international agreement 
relating to the stationing of troops or relating to the joint implementation by 
the signatory countries of a project ; or 
 
 (iii) under the particular procedure or condition of an international organization, 
or funded by international grants, loans, or other assistance where the 
applicable procedure or condition would be inconsistent with this Agreement.  
 
4. Each Party shall specify the following information in its Appendix I annexes1: 
 
(a) in Annex  1, the central government entities whose procurement is covered by this 
Agreement;  
 
(b) in Annex  2, the sub -central government entities whose procurement is covered by  
this Agreement;  
 
(c) in Annex  3, all other entities whose procurement is covered by this Agreement;  
 
(d) in Annex  4, the services covered by this Agreement;  
 
(e) in Annex  5, the construction services covered by this Agreement;  and 
 
(f) in Annex  6, any General Notes applicable to the annexes of the Party.  
 
5. Where a procuring entity, in the context of covered procurement, requires persons not listed 
in Appendix  I to procure in accordance with particular requirements, Article  V shall apply 
mutatis  mutand is to such requirements.  
 
Valuation  
 
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
 
(a) neither divide a procurement into separate procurements nor select or use a  
particular valuation method for estimating the value of a procurement with the 
intention of totally or partially excluding it from the application of this 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 the possibility of option clauses, 
the estimated maximum total value of the procurement, inclusive of optional 
purchases.  
 
7. Where an individual requirement for a procurement results in the award of more than one 
contract, or in the award of contracts in separate parts (hereafter referred to as "recurring 
procurements "), the calculation of the estimated maximum total value shall be based on:  
 
(a) the value of recurring procurements of the same type of good or service awarded 
during the preceding 12  months or the procuring entity 's preceding  fiscal year, 
adjusted where possible to take into account anticipated changes in the quantity or 
value of the good or service being procured over the subsequent 12  months;  or 
 
1 Negotiators' Note: The Parties are still considering whether to add a specific Annex on goods to 
Appendix I.  GPA/TN1994/3/Rev.17  
 
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(b) the estimated value of recurring procurements of the same type of good or s ervice 
to be awarded during the 12  months subsequent to 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 is it not certain whether the contract is to be a f ixed-term contract, 
subparagraph  (b) shall be used.  
 
Article  III Exceptions to the Agreement  
1. Nothing in this Agreement shall be construed to prevent any Party from taking any action or 
not disclosing any information that it considers necessary for the p rotection of its essential security 
interests relating to the procurement of arms, ammunition, or war materials, or to procurement 
indispensable for national security or for national defence purposes.  
 
2. Subject to the requirement that such measures are n ot applied in a manner that would 
constitute a means of arbitrary or unjustifiable discrimination between Parties where the same 
conditions prevail or a disguised restriction on international trade, nothing in this Agreement shall 
be construed to prevent a ny Party from imposing or enforcing measures:  
 
(a) necessary to protect public morals, order, or safety;  
 
(b) necessary to protect human, animal or plant life or health;  
 
(c) necessary to protect intellectual property;  or 
 
(d) relating to goods or services of persons with disabilities, philanthropic institutions, 
or prison labour.  
 
Article  IV Developing Countries  
1. In negotiations on accession to, and in the implementation and administration of, this 
Agreement, the Parties shall give special consid eration to the development, financial, and trade 
needs and circumstances of developing countries and least -developed countries (collectively referred 
to hereafter as "developing countries ", unless specifically identified otherwise), recognizing that 
these may differ significantly from country to country.  As provided for in this Article and upon 
request, the Parties shall accord special and differential treatment to:  
 
(a) least-developed countries;  and 
 
(b) any other developing country, where and to the extent that this special and 
differential treatment meets its development needs.  
 
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 co verage that 
the Party provides under Appendix  I to any other Party to this Agreement, subject to any terms GPA/TN1994/3/Rev.17  
 
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  negotiated between that 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 retain one or more of the following transitional measures, during a transition period 
and in accordance with a schedule, set out in an Annex to its Appendix  I, and in a manner that does 
not discriminate among the Parties:  
 
(a) a price preference programme, provided that the programme:  
 
(i) provides a preference only for the part of the tender incorporating goods or 
services originating in the developing country a pplying the preference or 
goods or services originating in other developing countries in respect of 
which the developing country applying the preference has an obligation to 
provide national treatment under a preferential agreement;  and 
 
(ii) is transparen t, 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 o f intended procurement;  
 
(c) the phased -in addition of specific entities or sectors;  and 
 
(d) a threshold that is higher than its permanent threshold.  
 
4. In negotiations on accession to this Agreement, the Parties may agree to the delay of the 
application of any specific obligation in this Agreement, other than Article V:1(b), by an acceding 
developing country while that country completes its implementation of the obligation.  The 
implementation period shall be for:  
 
(a) a least -developed country , five years after its accession to this Agreement;  and 
 
(b) any other developing country, only the period necessary to implement the specific 
obligation, but not to exceed three years . 
 
5. Any developing country that has been permitted a period in which t o implement an obligation 
under paragraph  4 shall list in an Annex to its Appendix  I the implementation period, the specific 
obligation subject to the implementation period, and any interim obligation with which it agrees to 
comply during the implementatio n period.  
 
6. After this Agreement has entered into force for a developing country, the Committee, 
on request of the developing country, may:  
(a) extend the transition period for a measure permitted under paragraph  3 or the 
implementation period permitted under paragraph  4; or 
 
(b) approve the application of a new transitional measure permitted under paragraph  3, 
in special circumstances that were unforeseen during the accession process.  
 
7. A developing country benefiting from a transitional measure provided for in paragraphs  3 or 6, 
or an implementation period provided for in paragraph  4, or any extension thereof under 
paragraph  6 shall take such steps during the transition period or implementation period as may be 
necessary to ensure that it is in c ompliance with this Agreement at the end of any such period.  The 
developing country shall promptly notify the Committee of such steps.  
 
8. The Parties shall give due consideration to any request by a developing country for technical 
cooperation and capacit y building in relation to that country 's accession to, or implementation of, 
this Agreement.  
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  9. The Committee may develop procedures for the implementation of this Article.  Such 
procedures may include provisions for voting on decisions relating to request s under paragraph  6. 
 
10. The Committee shall review the operation and effectiveness of this Article every five  years.  
 
Article V  General Principles  
National Treatment and Non -Discrimination  
 
1. With respect to any measure regarding covered procurement, ea ch Party, including its 
procuring entities, shall accord immediately and unconditionally to the goods and services of any 
other Party and to the suppliers of any other Party offering the goods or services of any Party, 
treatment no less favourable than the  treatment the Party, including its procuring entities, accords 
to: 
 
(a) domestic goods, services, and suppliers;  and 
 
(b) goods, services, and suppliers of any other Party.  
 
2. With respect to any measure regarding covered 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 degree of foreign affiliation or ownership;  nor 
 
(b) discriminate against a locally established  supplier on the basis that the goods or 
services offered by that supplier for a particular procurement are goods or services 
of any other Party.  
 
Use of Electronic Means  
 
3. When conducting covered procurement by electronic means, a procuring entity shall : 
 
(a) ensure that the procurement is conducted using information technology systems and 
software, including those related to authentication and encryption of information,  
that are generally available and interoperable with other generally available 
inform ation technology systems and software;  and 
 
(b) maintain mechanisms that ensure the integrity of requests for participation and 
tenders, including establishment of the time of receipt and the prevention of 
inappropriate access.  
 
Conduct of Procurement  
 
4. A procuring entity shall conduct covered procurement in a transparent and impartial manner 
that: 
 
(a) is consistent with this Agreement, using methods such as open tendering, selective 
tendering, and limited tendering;  
 
(b) avoids conflicts of inte rest; and 
 
(c) prevents corrupt practices.  
 
Rules of Origin  
 
5. For purposes of covered procurement, no Party may apply rules of origin to goods or services 
imported from or supplied by another Party that are different from the rules of origin the Party GPA/TN1994/3/Rev.17  
 
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  applie s at the same time in the normal course of trade to imports or supplies of the same goods or 
services from the same Party.  
 
Offsets  
 
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, 
take account of, impose, or enforce offsets.  
 
Measures Not Specific to Procurement  
 
7. The provisions of paragraphs  1 and 2 shall not apply to customs duties and charges of any 
kind imposed on, or in connection with, importation, the method of levying such duties and charg es, 
other import regulations or formalities, and measures affecting trade in services other than measures 
governing covered procurement.  
 
Article  VI Information on the Procurement System  
1. Each Party shall:  
 
(a) promptly publish any law, regulation, judic ial decision, administrative ruling of 
general application, standard contract clauses mandated by law or regulation and 
incorporated by reference in notices and tender documentation, and procedure 
regarding covered procurement, and any modifications thereo f, in an officially 
designated electronic or paper medium that is widely disseminated and remains 
readily accessible to the public;  and 
 
(b) provide an explanation thereof to any Party, on request.  
 
2. Each Party shall list:  
 
(a) in Appendix II, the electr onic or paper media in which the Party publishes the 
information regarding the Party 's procurement system as required by paragraph 1;  
 
(b) in Appendix III, the electronic or paper media in which the Party publishes the 
notices required by Articles VII, IX:7, and XVI:2;  and 
 
(c) in Appendix IV, the website address or addresses where the Party publishes:  
 
(i) its procurement statistics pursuant to Article XVI:5, as a substitute for the 
submission of the data required under Article XVI:4;  
 
(ii) its notices concerning awarded contracts pursuant to Article XVI:6, as a 
substitute for the report required under Article XVI:4.  
 
3. Each Party shall promptly notify the Committee of any modification to the Party 's information 
listed in Appendix II, III, or IV.  
 
Artic le VII Notices  
Notice of Intended Procurement  
 
1. For each covered procurement, except in the circumstances described in Article  XIII, 
a procuring entity shall publish a notice of intended procurement in the appropriate paper or 
electronic medium listed in  Appendix  III. 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 in Annex 1, be acc essible by electronic means free of charge, 
for at least any minimum period of time specified in Appendix III, through a single 
point of access;  and 
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  (b) for procuring entities in Annexes 2 and 3, where accessible by electronic means, be 
provided, at least, through links in a gateway electronic site that is accessible free 
of charge.  
 
Parties, including their procuring entities in Annexes 2 and 3, are enco uraged to publish their notices 
by electronic means free of charge through a single point of access.  
 
2. Except as otherwise provided in this Agreement, each notice of intended procurement shall 
include:  
 
(a) the name and address of the procuring entity an d other information necessary to 
contact the procuring entity and obtain all relevant documents relating to the 
procurement, and their cost and terms of payment, if any;  
 
(b) a description of the procurement, including the nature and the quantity of the go ods 
or services to be procured or, where the quantity is not known, the estimated 
quantity;  
 
(c) for recurring contracts, if possible, an estimate of the timing of subsequent notices 
of intended procurement;  
 
(d) a description of any options;  
 
(e) the time -frame for delivery of goods or services or the duration of the contract;  
 
(f) the procurement method that will be used and whether it will involve negotiation or 
electronic auction;  
 
(g) where applicable, the address and any final date for the submission of requests for 
participation in the procurement;  
 
(h) the address and the final date for the submission of tenders;  
 
(i) the language or languages in which tenders or requests for participation must be 
submitted, if other than an official langu age of the Party of the procuring entity;  
 
(j) a list and brief description of any conditions for participation of suppliers, including 
any requirements for specific documents or certifications to be provided by suppliers 
in connection therewith, unless su ch requirements are included in tender 
documentation that is made available to all interested suppliers at the same time as 
the notice of intended procurement;  
 
(k) where, pursuant to Article  IX, a procuring entity intends to select a limited number 
of qua lified suppliers to be invited to tender, the criteria that will be used to select 
them and, where applicable, any limitation on the number of suppliers that will be 
permitted to tender;  and 
 
(l) an indication that the procurement is covered by this Agreement.  
 
Summary Notice 
 
3. For each case of intended procurement, a procuring entity shall publish a summary notice that 
is readily accessible, at the same time as the publication of the notice of intended procurement, in 
one of the WTO languages. The notice shall contain at least the following information:  
 
(a) the subject -matter of the procurement;  
 
(b) the final date for the submission of tenders or, where applicable, any final date for GPA/TN1994/3/Rev.17  
 
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  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.  The notice should include the subject -matter of the procurement and the 
planned date of the publication of the notice of intended proc urement.  
 
5. A procuring entity in Annex  2 or 3 may use a notice of planned procurement as a notice of 
intended procurement provided that it includes as much of the information in paragraph  2 as is 
available and a statement that interested suppliers should  express their interest in the procurement 
to the entity.  
 
Article  VIII Conditions for Participation  
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a supplier has the legal, co mmercial, technical, and financial abilities to 
undertake the relevant procurement.  
 
2. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial, commercial, and technical abilities o f a supplier on the 
basis of that supplier 's business activities both inside and outside the territory of the 
Party of the procuring entity;  
 
(b) shall base its determination on the conditions that the procuring entity has specified 
in advance in notices o r tender documentation;  
 
(c) may not impose the condition that, in order for a supplier to participate in a 
procurement, the supplier has previously been awarded one or more contracts by a 
procuring entity of a given Party;  and 
 
(d) may require relevant pr ior experience where essential to meet the requirements of 
the procurement.  
 
3. Where there is supporting evidence, a Party, including its procuring entities, may exclude a 
supplier on grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) significant or persistent deficiencies in performance of any substantive requirement 
or obligation under a prior contract or contracts;  
 
(d) final judgments in respect of serious crimes or other serious offences;  
 
(e) professional misconduct or acts or om issions that adversely reflect upon the 
commercial integrity of the supplier;  or 
 
(f) failure to pay taxes.  
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  Article IX  Qualification of Suppliers  
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintain a supplier registration system where 
interested suppliers are required to register and provide certain information.  
 
2. Each Party shall ensure that:  
 
(a) its procuring entities make efforts to minimize differences in their qualification 
procedure s; and 
 
(b) where its procuring entities maintain registration systems, the entities make efforts 
to minimize differences in their registration systems.  
 
3. A Party, including its procuring entities, shall not adopt or apply any registration system or 
qualification procedure with the purpose or the effect of creating unnecessary obstacles to the 
participation of foreign suppliers in its procurement.  
 
Selective Tendering  
 
4. Where a procuring entity  intends to use selective tendering, the entity shall:  
 
(a) in the notice of intended procurement include at least the information in 
Article  VII:2(a), (b), (f), (g), (j), (k), and (l) and invite suppliers to submit a request 
for participation;  and 
 
(b) by the commencement of the time -period for tendering, prov ide at least the 
information in Article VII:2 (c), (d), (e), (h), and (i) to the qualified suppliers that it 
notifies in accordance with Article XI:3(b).  
 
5. A procuring entity shall recognize as a qualified supplier any domestic supplier and any 
supplier of another Party that meets the conditions for participation in a particular procurement, 
unless the procuring entity states in the notice  of intended procurement any limitation on the number 
of suppliers that will be permitted to tender and the criteria for selecting the limited number of 
suppliers.  
 
6. Where the tender documentation is not made publicly available from the date of publication 
of the notice referred to in paragraph  4, a procuring entity shall ensure that those documents are 
made a vailable 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 inclusio n 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;  
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  (b) the conditions for participation to be satisfied by suppliers and the methods that the 
procuring entity will use to verify a supplier 's satisfaction of the conditions;  
 
(c) the name and address of the procuring entity and other information necessary to 
contact the entity and obtain all relevant documents relating to the list;  
 
(d) the period of validity of the list and the means for its renewal or termination, or 
where the period  of validity is not provided, an indication of the method by which 
notice will be given of the termination of use of the list;  and 
 
(e) an indication that the list may be used for procurement covered by this Agreement.  
 
9. Notwithstanding paragraph  7, wher e 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 a nd 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 apply at any time for inclusion on a multi-use list 
and shall include on the list all qualified suppliers within a reasonably short time.  
 
11. Where a supplier that is not included on a multi -use list submits a request for participation in 
a procurement  based on a multi -use list and all requi red documents relating thereto, within the 
time-period provided for in Article XI:2, a procuring entity shall examine the request.  The procuring 
entity may not exclude the supplier from consideration in respect of the procurement on the grounds 
that the en tity has insufficient time to examine the request, unless, in exceptional cases, due to the 
complexity of the procurement, the entity is not able to complete the examination of the request 
within the time -period allowed for the submission of tenders.  
 
Annexes 2 and 3 Entities  
 
12. A procuring entity listed in 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 
in paragraph  8, as much of the information in Article  VII:2 as is available, and a 
statement that it constitutes a notice of intended procurement or that only the 
suppliers on the multi -use list will receive further notices of procurement covered by 
the multi -use list;  
 
(b) the entity promptly provides to suppliers that have expressed an interest to the 
entity in a given procurement, sufficient information to permit them to assess their 
interest in the procurement, including all remaining information required in 
Article  VII:2, to the extent such information is available;  and 
 
(c) a supplier having applied for inclusion on a multi -use list in accordance with 
paragraph  10 may be allowed to tender in a given procurement, where th ere is 
sufficient time for the procuring entity to examine whether it satisfies the conditions 
for participation.  
 
Information on Procuring Entity Decisions  
 
13. A procuring entity shall promptly inform any supplier that submits a request for participation  
or application for inclusion on a multi -use list of the procuring entity 's decision with respect to the 
request.  
 
14. Where a procuring entity rejects a supplier 's request for participation or application for 
inclusion on a multi -use list, ceases to recognize a supplier as qualified, or removes a supplier from GPA/TN1994/3/Rev.17  
 
- 15 - 
 
  a multi -use list, the entity shall promptly inform the supplier and, on request of the supplier, 
promptly provide the supplier with a written explanation of the reasons for its decision.  
 
Article  X Technical Specifications and Tender Documentation  
Technical Specifications  
 
1. A procuring entity shall not prepare, adopt, or apply any technical specification or prescribe 
any conformity assessment procedure with the purpose or the effect of creating unnecessary 
obstacles to international trade.  
 
2. In prescribing the technical specifications for the goods or services being procured, a procuring 
entity shall, where  appropriate:  
 
(a) specify the technical specification in terms of performance and functional 
requirements, rather than design or descriptive characteristics;  and 
 
(b) base the technical specification on international standards, where such exist;  
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 tenders of equivalent goods or services 
that demonstrably fulfil the requirements of the proc urement 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 ori gin, producer, or 
supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement 
requirements and provided that, in such cases, the entity includes words such as "or equivalent " in 
the tender documentation.  
 
5. A procuring entity shall not seek or accept, in a manner that would have the effect of 
precluding competition, advice that may be used in the preparation or adoption of any technical 
specification for a specific procurement from a person that may have a com mercial interest in the 
procurement.  
6. For greater certainty, a Party, including its procuring entities, may, in accordance with this 
Article, prepare, adopt, or apply technical specifications to promote the conservation of natural 
resources or protect th e environment.  
 
Tender Documentation  
 
7. A procuring entity shall provide to suppliers tender documentation that includes all information 
necessary to permit suppliers to prepare and submit responsive tenders.  Unless already provided in 
the notice of inten ded procurement, such documentation shall include a complete description of:  
 
(a) the procurement, including the nature and the quantity of the goods or services to 
be procured or, where the quantity is not known, the estimated quantity and any 
requirement s to be fulfilled, including any technical specifications, conformity 
assessment certification, plans, drawings, or instructional materials;  
 
(b) any conditions for participation of suppliers, including a list of information and 
documents that suppliers ar e required to submit in connection therewith;  
 
(c) all evaluation criteria to be considered in the awarding of the contract, and, except 
where price is the sole criterion, the relative importance of such criteria;  GPA/TN1994/3/Rev.17  
 
- 16 - 
 
   
(d) where the procuring entity will condu ct the procurement by electronic means, any 
authentication and encryption requirements or other requirements related to the 
receipt of information by electronic means;  
 
(e) where the procuring entity will hold an electronic auction, the rules, including 
identification of the elements of the tender related to the evaluation criteria, on which 
the auction will be conducted;  
 
(f) where there will be a public opening of tenders, the date, time, and place for the 
opening and, where appropriate, the p ersons authorized to be present;  
 
(g) any other terms or conditions, including terms of payment and any limitation on the 
means by which tenders may be submitted, e.g., paper or electronic means;  and 
 
(h) any dates for the delivery of goods or the supply o f services.  
 
8. In establishing any delivery date for the goods or services being procured, a procuring entity 
shall take into account such factors as the complexity of the procurement, the extent of 
subcontracting anticipated and the realistic time requir ed for production, de -stocking and transport 
of goods from the point of supply or for supply of services.  
 
9. The evaluation criteria set out in the notice or tender documentation may include, among 
others, price and other cost factors, quality, technical merit, environmental characteristics, and 
terms of delivery.  
 
10. A procuring entity shall promptly:  
 
(a) make available tender documentation to ensure that interested suppliers have 
sufficient time to submit responsive tenders;  
 
(b) provide, on request, the tender documentation to any interested supplier;  and 
 
(c) reply to any reasonable request for relevant information by any interested or 
participating supplier, provided that such information does not give that supplier an 
advantage over other suppliers.  
 
Modifications  
 
11. Where, prior to the award of a contract, a procuring entity modifies the criteria or technical 
requirements set out in a notice or tender documentation provided to participating suppliers, or 
amends or reissues a notice or te nder 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 the information is amended, if 
known, and in all other cases, in the sa me manner as the original information;  and 
 
(b) in adequate time to allow such suppliers to modify and re -submit amended tenders, 
as appropriate.  
 
Article  XI Time -Periods  
General  
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for 
suppliers to prepare and submit requests for participation and responsive tenders, taking into 
account such factors as:  GPA/TN1994/3/Rev.17  
 
- 17 - 
 
   
(a) the nature and complexity of the procurement;  
 
(b) the extent of subcontracting anticipated;  and 
 
(c) the time for transmitting tenders from foreign as well as domestic points where 
electronic means are not used.  
 
Such time -periods, including any extension of the time -periods, shall be common for all interested 
or participating suppliers.  
 
Deadlines  
 
2. A procuring entity that uses selective tendering shall establish that the final date for the 
submission of requests for participation shall not, in principle, be less than 25  days from the date of 
publication of the notice of intended procurement.  Where a st ate of urgency duly substantiated by 
the procuring entity renders this time -period impracticable, the time -period may be reduced to not 
less than 10  days.  
 
3. Except as provided for in paragraphs  4 and 5, a procuring entity shall establish that the final 
date for the submission of tenders shall not be less than 40  days from the date on which:  
 
(a) in the case of open tendering, the notice of intended procurement is published;  or 
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi -use list.  
 
4. A procuring entity may reduce the time -period for tendering set out in paragraph  3 to not less 
than 10  days where:  
 
(a) the procuring entity published a notice of planned procurement under Article  VII:4 
at least 40  days and not more than 12  months in advance of the publication of the 
notice of intended procurement, and the notice of planned procurement contains:  
 
(i) a description of the procurement;  
 
(ii) the appro ximate final dates for the submission of tenders or requests for 
participation;  
 
(iii) a statement that interested suppliers should express their interest in the 
procurement to the procuring entity;  
 
(iv) the address from which documents relating to the pr ocurement may be 
obtained;  and 
 
(v) as much of the information that is required under Article  VII:2 for the notice 
of intended procurement, as is available;  
 
(b) the procuring entity, for procurements of a recurring nature, indicates in an initial 
notice of intended procurement that subsequent notices will provide time periods for 
tendering based on this paragraph; or  
 
(c) a state of urgency duly substantiated by the procuring entity renders such time -
period impracticable.  
 
5. A procuring entity may reduce the time -period for tendering set out in paragraph  3 by 
five days for each one of the following circumstances:  
 
(a) the notice of intended procurement is published by electronic means;  
 GPA/TN1994/3/Rev.17  
 
- 18 - 
 
  (b) all the tender documentation is made available by electroni c means from the date 
of the publication of the notice of intended procurement;  and 
 
(c) the tenders can be received by electronic means by the procuring entity.  
 
6. The use of paragraph  5, in conjunction with paragraph  4, shall in no case result in the 
reduction of the time -period for tendering set out in paragraph 3 to less than 10  days from the date 
on which the notice of intended procurement is published.  
 
7. Notwithstanding any other time -period in this Article, where a procuring entity purchases 
comme rcial goods or services, it may reduce the time -period for tendering set out in paragraph  3 to 
not less than 13 days, provided that it publishes by electronic means, at the same time, both the 
notice of intended procurement and the tender documentation.  Where the entity also accepts tenders 
for commercial goods and services by electronic means, it may reduce the time period set out in 
paragraph  3 to not less than 10 days.  
 
8. Where a procuring entity in Annex  2 or 3 has selected all or a limited number of q ualified 
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 prov ide for its procuring entities to conduct negotiations:  
 
(a) in the context of procurements in which they have indicated such intent in the notice 
of intended procurement required under Article  VII:2;  or 
 
(b) where it appears from the evaluation that no one tender is obviously the most 
advantageous in terms of the specific evaluation criteria set out in the notice or 
tender documentation.  
 
2. A procuring entity shall:  
 
(a) ensure that any elimination of suppliers participating in negotiations is carried o ut in 
accordance with the evaluation criteria set out in the notice or tender 
documentation;  and 
 
(b) where negotiations are concluded, provide a common deadline for the remaining 
participating suppliers to submit any new or revised tenders.  
 
Article  XIII Limited Tendering  
1. Provided that it does not use this provision for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers of the other Parties or protects domestic 
suppliers, a procuring entity may use li mited tendering and may choose not to apply Articles  VII 
through IX, X (paragraphs 7 through 11), XI, XII, XIV, and XV only under the following 
circumstances:  
 
(a) provided that the requirements of the tender documentation are not substantially 
modified where:  
 
(i) no tenders were submitted or no suppliers requested participation ;  
 
(ii) no tenders that conform to the essential requirements of the tender 
documentation were submitted;  
 GPA/TN1994/3/Rev.17  
 
- 19 - 
 
  (iii) no suppliers satisfied the conditions for participation;  or 
 
(iv) the tenders submitted have been collusive;  
 
(b) where the goods or services can be supplied only by a particular supplier and no 
reasonable alternative or substitute goods or services exist for any of the following 
reasons:  
 
(i) the requirement is for a work of art;  
 
(ii) the protection of patents, copyrights or other exclusive rights;  or 
 
(iii) due to an absence of competition for technical reasons;  
 
(c) for additional deliveries by the original supplier of goods and services that were not 
included in the initial procurement where:  
 
(i) a change of supplier for such additional goods and services 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) such separation would cause significant inconvenience or substantial 
duplication of costs to 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, and for, a particular contract for research, 
experiment, study or original development.  Original development of a first good or  
service may include limited production or supply in order to incorporate the results 
of field testing and to demonstrate that the good or service is suitable for production 
or supply in quantity to acceptable quality standards, but does not include quanti ty 
production, or supply to establish commercial viability, or to recover research and 
development costs;  
 
(g) for purchases made under exceptionally advantageous conditions that only arise in 
the very short term in the case of unusual disposals such as th ose arising from 
liquidation, receivership, or bankruptcy, but  not for routine purchases from regular 
suppliers;  and 
 
(h) where a contract is awarded to a winner of a design contest provided that:  
 
(i) the contest has been organized in a manner that is consistent with the 
principles of this Agreement, in particular relating to the publication of a 
notice of intended procurement;  and 
 
(ii) the participants are judged by an independent jury with a view to a design 
contract being awarded to a winner.  
 
2. A procuring entity shall prepare a report in writing on each contract awarded under 
paragraph  1. Each such report shall include the name of the procuring entity, the value and kind of GPA/TN1994/3/Rev.17  
 
- 20 - 
 
  goods or services procured, and a statement indicating the circumstances a nd conditions described 
in paragraph  1 that justified the use of limited tendering.  
 
Article  XIV Electronic Auctions  
 Where a procuring entity intends to conduct a covered procurement using an electronic 
auction, the entity shall provide each participant, before commencing the electronic auction, with:  
 
(a) the automatic evaluation method, including the mathematical formula, that is based 
on the evaluation criteria set out in the tender documentation and that will be used 
in the automatic ranking or re -ranking during the auction;  
 
(b) the results of any initial evaluation of the elements of its tender where the contract 
is to be awarded on the basis of the most advantageous tender;  and 
 
(c) any other relevant information relating to the conduct of the auction.  
 
Article  XV Treatment of Tenders and Contract Awards  
Treatment of Tenders  
 
1. A procuring entity shall receive, open, and treat all tenders under procedures that guarantee 
the fairness and impartiality of the procurement process, and the confidentiality of tenders.  
 
2. A procuring entity shall not penalize any supplier whose tender is received after the time 
specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring 
entity.  
 
3. When a procuring e ntity provides suppliers with opportunities to correct unintentional errors 
of form between the opening of tenders and the awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating suppliers.  
 
Awarding of Cont racts 
 
4. To be considered for award, a tender must be in writing and must, at the time of opening, 
comply with the essential requirements of the notices and tender documentation and be from a 
supplier that satisfies the conditions for participation.  
 
5. Unless a procuring entity determines that it is not in the public interest to award a contract, 
it shall award the contract to the supplier that the entity has determined to be fully capable of 
undertaking the contract and, based solely on the evaluation c riteria 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 with the supplier that it can comply with the 
conditions of participation and is capable of fulfilling the terms of the contract.  
7. A procuring entity shall not use option clauses, cancel a procur ement, or modify awarded 
contracts in a manner that circumvents the obligations of this Agreement.  
 GPA/TN1994/3/Rev.17  
 
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  Article  XVI Transparency of Procurement Information  
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform participating suppliers o f the entity 's contract award 
decisions and, on request, in writing.  Subject to Article  XVII, a procuring entity shall, on request, 
provide an unsuccessful supplier with an explanation of the reasons that the entity did not select its 
tender and the relati ve advantages of the successful supplier 's tender.  
 
Publication of Award Information  
 
2. Not later than 72  days after the award of each contract covered by this Agreement, a procuring 
entity shall publish a notice in the appropriate paper or electronic med ium listed in Appendix  III. 
Where only an electronic medium is used, the information shall remain readily accessible for a 
reasonable period of time.  The notice shall include at least the following information:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successful tender or the highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award;  and 
 
(f) the type of procurement method used, and in cases where limited tendering was 
used pursuant to Article  XIII, a description of the circumstances justifying the use of 
limited tendering.  
 
Maintenance of Documentation, Reports, and Elec tronic Traceability  
 
3. Each procuring entity shall, for a period of at least three  years from the award of the contract 
maintain:  
 
(a) documentation and reports of tendering procedures and contract awards relating to 
covered procurement, including the rep orts required under Article  XIII; and 
 
(b) data that ensure the appropriate traceability of the conduct of covered procurement 
by electronic means.  
 
Collection and Report of Statistics  
 
4. Each Party shall collect and report to the Committee statistics on its contracts covered by this 
Agreement.  Each report shall cover one  year and be submitted within two  years of the end of the 
reporting period, and shall contain:  
 
(a) for Annex  1 procuring entities:  
 
(i) the number and total value, for all s uch entities, of contracts covered by this 
Agreement;  
 
(ii) the number and total value of all contracts covered by this Agreement 
awarded by such entities, broken down by categories of goods and services 
according to an internationally recognized uniform c lassification system;  and 
 GPA/TN1994/3/Rev.17  
 
- 22 - 
 
  (iii) the number and total value of 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 Agree ment awarded by all such entities, broken down by Annex;  and 
 
(c) estimates for the information required under subparagraphs (a) and (b), with an 
explanation of the methodology used to develop the estimates, where it is not 
feasible to provide the data. 
 
5. Where a Party publishes its statistics on an official website, the Party may substitute a 
notification of the website address for the submission of the data under paragraph 4, with any 
instructions necessary to access and use such statistics, in accordance with the requirements of 
paragraph 4.  
 
6. Where a Party requires notices concerning awarded contracts, pursuant to paragraph  2, to be 
published electronically and where such notices are accessible to the public through a single database 
in a fo rm permitting analysis of the covered contracts, the Party may substitute a notification of the 
website address for the submission of the data under paragraph 4, with any instructions necessary 
to access and use such data.  
 
Article  XVII  Disclosure of Infor mation  
Provision of Information to Parties  
 
1. On request of any other Party, a Party shall provide promptly any information necessary to 
determine whether a procurement was conducted fairly, impartially and in accordance with this 
Agreement, including inf ormation on the characteristics and relative advantages of the successful 
tender.  In cases where release of the information would prejudice competition in future tenders, the 
Party that receives that information shall not disclose it to any supplier, excep t after consultation 
with, and 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, may not provide information to a part icular supplier that might prejudice fair competition 
between suppliers.  
 
3. Nothing in this Agreement shall be construed to require a Party, including its procuring entities, 
authorities, and review bodies, to release confidential information under this A greement where 
release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition between suppliers;  
 
(c) would prejudice the legitimate commercial interests of particular persons, including 
the protection of intellectual property;  or 
 
(d) would otherwise be contrary to the public interest.  
 
Article  XVIII  Domestic Review Procedures for Supplier Challenges  
1. Each Party shall provide a timely, effective, transparent, and non -discriminatory 
administrative or judicial review procedure throu gh which a supplier may challenge:  
 
(a) a breach of the Agreement;  or GPA/TN1994/3/Rev.17  
 
- 23 - 
 
   
(b) where the supplier does not have a right to challenge directly a breach of the 
Agreement under the domestic law of a Party, a failure to comply with a Party 's 
measures implementing this Agreement,  
 
arising in the context of a covered procurement, in which it has, or has had, an interest.  The 
procedural rules for all  challenges shall be in writing and made generally available.  
 
2. In the event of a complaint  by a supplier, arising in the context of covered procurement in 
which the supplier has, or has had, an interest, that there has been a breach of this Agreement or, 
where the supplier does not have a right to challenge directly a breach of this Agreement under the 
domestic law of a Party, a failure to comply with a Party 's measures implementing this Agreement, 
each Party shall encourage the procuring entity and supplier to seek resolution of the complaint 
through consultations.  The procuring entity shall accord impa rtial and timely consideration to any 
such complaint in a manner that is not prejudicial to the supplier 's participation in ongoing or future 
procurement or right to seek corrective measures under the administrative or judicial review 
procedure.  
 
3. Each s upplier shall be allowed a sufficient period of time to prepare and submit a challenge,  
which in no case shall be less than 10  days from the time when the basis of the challenge became 
known or reasonably should have become known to the supplier.   
 
4. Each Party shall establish or designate at least one impartial administrative or judicial 
authority that is independent of its procuring entities to receive and review a challenge by a supplier 
arising in the context of a covered procurement.  
 
5. Where a body other than an authority referred to in paragraph  4 initially reviews a challenge, 
the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative 
or judicial authority that is independent of the procuring entity whos e procurement is the subject of 
the challenge.  
 
6. A review body that is not a court shall either be subject to judicial review or have procedures 
that provide that:  
 
(a) the procuring entity shall respond in writing to the challenge  and disclose all relev ant 
documents to the review body;  
 
(b) the participants to the proceedings ( "participants ") shall have the right to be heard 
prior to a decision of the review body being made on the challenge;  
 
(c) the participants shall have the right to be 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) decisions or recommendat ions relating to supplier challenges shall be provided, in a 
timely fashion, in writing, with an explanation of the basis for each decision or 
recommendation.  
 
7. Each Party shall adopt or maintain procedures that provide for:  
 
(a) rapid interim measures t o preserve the supplier 's opportunity to participate in the 
procurement.  Such interim measures may result in suspension of the procurement 
process.  The procedures may provide that overriding adverse consequences for the 
interests concerned, including the p ublic interest, may be taken into account when GPA/TN1994/3/Rev.17  
 
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  deciding whether such measures should be applied.  Just cause for not acting shall 
be provided in writing;  and 
 
(b) where a review body has determined that there has been a breach of this Agreement 
or, where th e supplier does not have a right to challenge directly a breach of this 
Agreement under the domestic law of a Party, a failure by a procuring entity to 
comply with a Party 's measures implementing this Agreement, corrective action or 
compensation for the lo ss 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 proposed rectification, transfer of an entity from one 
Annex to another, withdrawal of an entity, or other modification (referred to generally in this Article 
as "modification ") of Appendix I.  The Party proposing t he modification ( "modifying Party ") shall 
include in the notification:  
 
(a) for any proposed withdrawal of an entity from Appendix  I in exercise of its rights on 
the grounds that government control or influence over the entity 's covered 
procurement has bee n effectively eliminated, evidence of such elimination;  or 
 
(b) for any other proposed modification, information as to the likely consequences of 
the change for the mutually agreed coverage provided in this Agreement.  
 
Objection to Notification  
 
2. Any Party whose rights under this Agreement may be affected by a proposed modification 
notified under paragraph  1 may notify the Committee of any objection to the proposed modification.  
Such objections shall be made within 45  days from the date of the circulat ion to the Parties of the 
notification, and shall set out reasons for the objection.  
 
Consultations  
 
3. The modifying Party and any Party making an objection ( "objecting Party ") shall make every 
attempt to resolve the objection through consultations.  In su ch consultations, the modifying and 
objecting Parties shall consider the proposed modification:  
 
(a) in the case of a notification under paragraph  1(a), in accordance with any indicative 
criteria adopted pursuant to paragraph 8 indicating the effective eli mination of 
government control or influence over an entity 's covered procurement;  and 
 
(b) in the case of a notification under paragraph  1(b), in accordance with any criteria 
adopted pursuant to paragraph 8 relating to the level of compensatory adjustments  
to be offered for modifications, with a view to maintaining a balance of rights and 
obligations and a comparable level of mutually agreed coverage provided in this 
Agreement.  
 
Revised Modification  
 
4. Where the modifying Party and any objecting Party resolve the objection through 
consultations, and the modifying Party revises its proposed modification as a result of those 
consultations, the modifying Party shall notify the Committee in accordance with paragraph  1, and 
any such revised modification shal l only be effective after fulfilling the requirements of this Article.  
 
Implementation of Modifications  
 
5. A proposed modification shall become effective only where:  
 GPA/TN1994/3/Rev.17  
 
- 25 - 
 
  (a) no Party submits to the Committee a written objection to the proposed modification 
within 45  days from the date of circulation of the notification of the proposed 
modification under paragraph  1; 
 
(b) all objecting Parties have notified the Committee that they withdraw their objections 
to the proposed modification;  or 
 
(c) 150 days from th e date of circulation of the notification of the proposed modification 
under paragraph 1 have elapsed, and the modifying Party has informed the 
Committee of its intention to implement the modification.  
 
Withdrawal of Substantially Equivalent Coverage  
 
6. Where a modification becomes effective pursuant to paragraph 5(c), any objecting Party may 
withdraw substantially equivalent coverage.  Notwithstanding Article V:1(b), a withdrawal pursuant 
to this paragraph may be implemented solely with respect to the modi fying Party.  Any objecting 
Party shall inform the Committee of any such withdrawal at least 30 days before the withdrawal 
becomes effective.  A withdrawal pursuant to this paragraph shall be consistent with any criteria 
relating to the level of compensatory  adjustment adopted by the Committee pursuant to 
paragraph  8. 
 
Arbitration Procedures to Facilitate Resolution of Objections  
 
7. Where the Committee has adopted arbitration procedures to facilitate the resolution of 
objections pursuant to paragraph 8, a mo difying 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  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 prop osed modification shall not become 
effective before the completion of the arbitration procedures;  
(ii) any objecting Party that intends to enforce a right to compensation, or to 
withdraw substantially equivalent coverage pursuant to paragraph 6, shall 
participate in the arbitration proceedings;  
(iii) a modifying Party should comply with the results of the arbitration  
procedures in making any modification effective pursuant to paragraph 5(c);  
and 
(iv) where a modifying Party does not comply with the results of the arbitration 
procedures in making any modification effective pursuant to paragraph 5(c), 
any objecting Party may withdraw substantially equivalent coverage 
pursuant to paragraph  6, provided that any such withdrawal is consistent 
with the result of th e arbitration procedures.  
Committee Responsibilities  
 
8. The Committee shall adopt:  
 
(a)  arbitration procedures to facilitate resolution of objections under paragraph  2:  
 GPA/TN1994/3/Rev.17  
 
- 26 - 
 
  (b)  indicative criteria  that demonstrate the effective elimination of government control 
or influence over an entity 's covered procurement; and   
 
(c)  criteria that indicate how to determine the level of compensatory adjustment to be 
offered for modifications made pursuant to paragraph  1(b) and substantially 
equivalent cover age under paragraph  6. 
 
Article  XX Consultations and Dispute Settlement  
1. Each Party shall accord sympathetic consideration to, and shall afford adequate opportunity 
for, consultation regarding such representations as may be made by another Party with res pect to 
any matter affecting the operation of this Agreement.  
 
2. Where any Party considers that any benefit accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that the attainment of any objective of this Agreem ent 
is being impeded as the result of:  
 
(a) the failure of another Party or Parties to carry out its obligations under this 
Agreement;  or 
 
(b) the application by another Party or Parties of any measure, whether or not it conflicts 
with the provisions of t his Agreement,  
 
it may with a view to reaching a mutually satisfactory solution to the matter, have recourse to the 
provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes 
(hereinafter referred to as "the Dispute Settle ment Understanding "). 
 
3. The Dispute Settlement Understanding applies to consultations and the settlement of disputes 
under this Agreement, with the exception that,  notwithstanding paragraph  3 of Article  22 of the 
Dispute Settlement Understanding, any dispute arising under any Agreement listed in Appendix  1 to 
the Dispute Settlement Understanding other than this Agreement shall not result in the suspension 
of concessions or other obligations under this Agreement, and any dispute arisi ng under this 
Agreement shall not result in the suspension of concessions or other obligations under any other 
Agreement listed in Appendix  1. 
 
Article  XXI Institutions  
Committee on Government Procurement  
 
1. A Committee on Government Procurement composed of representatives from each of the 
Parties shall be established.  This Committee shall elect its own Chairman and shall meet as 
necessary, but not less than once  a year, for the purpose of affording Parties the opportunity to 
consult o n any matters relating to the operation of this Agreement or the furtherance of its 
objectives, and to carry out such other responsibilities as may be assigned to it by the Parties.  
 
2. The Committee may establish working parties or other subsidiary bodies  that shall carry out 
such functions as may be given to them by the Committee.  
 
3. The Committee shall annually:  
 
(a) review the implementation and operation of this Agreement;  and 
 
(b) inform the General Council of the WTO of developments relating to the 
implementation and operation of this Agreement.  
 GPA/TN1994/3/Rev.17  
 
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  Observers  
 
4. Any WTO Member that is not a Party to this Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a written notice to the Secretariat.  Any WTO observe r 
may submit a written request to the Secretariat to participate in the Committee as an observer, and 
may be accorded observer status by the Committee.  
 
Article  XXII  Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter into force on  [ ] for those WTO Members whose agreed coverage 
is set out in Annexes  1 through  6 of Appendix  I, and that have, by signature, accepted this 
Agreement on  [ ], or have, by or on that date, signed this Agreement subject to ratification and 
have subse quently ratified this Agreement before  [ ]. 
 
Transitional Arrangements  
 
2. Between the Parties to this Agreement that are also Parties to the Agreement on Government 
Procurement dated 15  April 1994 ( "1994 Agreement "), the 1994  Agreement shall cease to appl y on 
the date of entry into force of this Agreement for those Parties.  When all Parties to the 
1994 Agreement have accepted this Agreement, the 1994  Agreement shall be terminated.2 
 
3. The provisions of Articles XVIII and XX of this Agreement shall apply to covered procurement 
that has commenced after the entry into force of this Agreement.3  
 
Provisional Application  
 
4. A Party to the 1994 Agreement may, notwithstanding its commitments in the 1994 
Agreement, maintain or adopt any measure that is consiste nt with the provisions of this Agreement.4 
 
Accession  
 
5. Any Member of the WTO may accede to this Agreement on terms to be agreed between that 
Member and the Parties.  Accession shall take place by deposit with the Director -General of the WTO 
of an instrument of accession that states the terms so agreed.  This Agreement shall enter into force 
for an acceding Member on the 30th day following the deposit of its instrument of accession the date 
of its accession to this Agreement.5 
 
Reservations  
 
6. No Party may enter any reservation in respect of any provisions of this Agreement.  
 
National Legislation  
 
7. Each Party shall ensure, not later than the date of entry into force of this Agreement for it, 
the conformity of its laws, regulations and administrati ve procedures, and the rules, procedures, 
and practices applied by its procuring entities, with the provisions of this Agreement.  
 
8. Each Party shall inform the Committee of any changes in its laws and regulations relevant to 
this Agreement and in the adm inistration of such laws and regulations.  
 
 
2 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
3 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
4 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
5 Negotiators' Note: The Parties are still considering this paragraph.  GPA/TN1994/3/Rev.17  
 
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  9. The Parties shall seek to avoid introducing or continuing discriminatory measures and practices 
that distort open procurement.  
 
Future Work  
 
10. Not later than the end of [...] from the date of entry into force of this Agreement, and 
periodically thereafter, the Parties thereto shall undertake further negotiations, with a view to 
improving the Agreement and achieving the greatest possible extension of its coverage among all 
Parties, taking into consideratio n the needs of developing countries.6  
 
11. The Parties shall, in the context of the negotiations referred to in paragraph 10, seek to 
eliminate discriminatory measures which remain on the date of entry into force of this Agreement.7  
 
12. Following the conclusion of the work programme for the harmonization of rules of origin for 
goods being undertaken under the Agreement on Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organization and negotiations regarding trad e in services, the Parties 
shall take the results of that work programme and those negotiations into account in amending 
Article  V:5, as appropriate.  
 
13. Not later than the end of the third  year from the date of entry into force of this Agreement, 
the Committee shall undertake further work to consider the advantages and disadvantages of 
developing common nomenclature for goods and services and standardized notices  
 
14.  Beginning two years after entry into force of this Agreement, the Committee shall regularly 
assess the effective use of Articles XVI:4 and 5.  
 
15. Not later than the end of the fifth year from the date of entry into force of this Agreement, 
the Committee shall examine the applicability of Article XX:2(b). 
 
Amendments  
 
16. The Parties ma y amend this Agreement having regard, inter alia , to the experience gained in 
its implementation.  Such an amendment, once the Parties have concurred in accordance with the 
procedures established by the Committee, shall take effect for the Parties that have  accepted them 
upon acceptance by [  ] of the Parties and thereafter for each other Party upon acceptance by it. 8 
 
17. Amendments to provisions of this Agreement of a nature that would alter the rights and 
obligations of the Parties, shall take effect for  the Parties that have accepted them upon acceptance 
by [  ] of the Parties and thereafter for each other Party upon acceptance by it.  The Committee may 
decide by a [... ] majority of the Parties that any amendment made effective under paragraph 16 is 
of such a nature that any Party which has not accepted it within a specified period shall be free to 
withdraw from this Agreement or to remain with the consent of the Committee. 9 
 
18. Amendments to provisions of this Agreement of a nature that would not alte r the rights and 
obligations of the Parties shall take effect for all Parties upon acceptance by [...] of the Parties. 10 
 
 
6 Negotiators' Note: T he Parties shall review the content of this paragraph  before the end of the 
negotiations.  
7 Negotiators' Note: The Parties shall review the content of this paragraph before the end of the 
negotiations.  
8 Negotiators' Note: The Parties are still considering  the need for and the content of this paragraph.  
9 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
10 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  GPA/TN1994/3/Rev.17  
 
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  Withdrawal  
 
19. Any Party may withdraw from this Agreement.  The withdrawal shall take effect upon the 
expiration of 60  days from the date the Director -General of the WTO receives written notice of the 
withdrawal.  Any Party may upon such notification request an immediate meeting of the Committee.  
 
20. 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 from the same date on which the Party ceases to be a Member 
of the WTO.  
 
Non-application of this Agreement between Particular Parties  
 
21. This Agreement shall not apply as between any two Parties where either Party, at the time it 
accepts or accedes to this Agreement, does not consent to such application.  
 
Appendices  
 
22. The Appendices to this Agreement constitute an integral part thereof.  
 
Secretariat  
 
23. This Agreement shall be serviced by the WTO Secretari at. 
 
Deposit  
 
24. 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 am endment thereto pursuant to paragraph  12, and a 
notification of each accession thereto pursuant to paragraph  3 and of each withdrawal therefrom 
pursuant to paragraph  13. 
 
Registration  
 
25. This Agreement shall be registered in accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 
Done at [ ] this  [ ] day of [ ] in a single copy in the English, French and Spanish languages, each 
text being authentic, except as otherwise specified with respect to the Appendices hereto.  
  GPA/TN1994/3/Rev.17  
 
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  [(DRAFT DECISION)]  
Arrangement for the period of co -existence of the 1994 Agreement on Government  
Procurement and the [2007] Agreement on Government Procurement11 
 The Committee on Government Procurement,  
 
 Noting that not all Parties to the Agreement on Government Procurement  dated 15 April 1994 
(hereinafter referred to as the "1994 Agreement ") may become a Party to the Agreement on 
Government Procurement done on [… 2007] (hereinafter referred to as the "2007 Agree ment") as 
of its date of entry into force,  
 
 Considering  that, during the period of co -existence of the 1994 Agreement and the 2007 
Agreement, a Party to the 1994 Agreement which has become a Party to the 2007 Agreement should 
have the right to act in acco rdance with the provisions of the 2007 Agreement notwithstanding any 
inconsistency with the provisions of the 1994 Agreement, vis -à-vis Parties to the 1994 Agreement 
that are not Parties to the 2007 Agreement,  
 
 Considering moreover  that, during that perio d of co -existence, a Party to the 1994 Agreement 
which has become a Party to the 2007 Agreement should not be under a legal obligation to extend 
the benefits accorded solely under the 2007 Agreement to the Parties of the 1994 Agreement which 
have not yet b ecome Parties to the 2007 Agreement.  
Decides  as follows:  
 
1. A Party to the 1994 Agreement that is a Party to the 2007 Agreement may maintain  or adopt 
any measure consistent with the provisions of the 2007 Agreement,  notwithstanding the provisions 
of the 1994 Agreement, vis-à-vis a Party to the 1994 Agreement that is not a Party to the 2007 
Agreement until the entry into force for that Party to  the 2007 Agreement.  
 
2. A Party to the 1994 Agreement  that is a Party to the 2007 Agreement is not under any 
obligation to accord to goods, services and suppliers of any other Party to the 1994 Agreement that 
has not yet become a Party to the 2007 Agreeme nt the benefits accorded solely as a result of the 
commitments or other obligations assumed under the 2007 Agreement.  
 
3. The provisions of Articles XX and XXII of the 1994 Agreement shall not apply in respect of 
measures referred to in paragraph 1.  
 
4. This Decision shall enter into force on the date of entry into force of the 2007 Agreement.  
 
 
11 Negotiators' Note: The Parties are still considering the content of this Decision. Some Parties question 
the need for this Decision.  GPA/TN1994/3/Rev.17  
 
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  PROPOSED DECISION OF THE COMMITTEE ON  
GOVERNMENT PROCUREMENT  
Decision of [day/month/year ] 
 
 
_______________  
 
 The Committee on Government Procurement,  
 
Noting that the Parties to the GPA have completed negotiations on [the non -market -access -
related provisions of] a new Government Procurement Agreement (hereinafter referred to as the 
"2007 Agreement "); 
 
Desiring  to ensure the effective operation of Article XIX:1(a) of the 2007 Agreement where 
a Party proposes the withdrawal of an entity from Appendix I in exercise of its rights, and to enhance 
the predictability of the Agreement;  
 
 Noting  that Article  XIX:8 of th e 2007 Agreement requires that the Committee develop 
arbitration procedures to facilitate resolution of objections, indicative criteria that demonstrate the 
effective elimination of government control or influence over an entity 's covered procurement, and 
criteria that indicate how to determine the level of compensatory adjustment to be offered for 
modifications of coverage under Article  XIX of the 2007 Agreement ; 
 
Recognizing  the extensive work already undertaken by the Committee on the development 
of arbi tration procedures to facilitate resolution of objections and indicative criteria, but also  that 
further work is needed,  
 
 Decides  as follows:  
 
 The Committee shall:  
 
(1) complete the development of arbitration procedures and indicative criteria, with the 
aim of adopting them by the entry into force of the 2007 Agreement;  and 
 
(2) develop criteria that indicate how to determine the level of compensatory 
adjustment to be offered for modifications of coverage under Article  XIX of the 2007 
Agreement , with the aim of adopting the criteria within 18 months of entry into force 
of the 2007  Agreement.  
 
 The arbitration procedures shall not become effective until the adoption of the indicative 
criteria.  
 
 
__________