WORLD TRADE  
ORGANIZATION  GPA/W/313 
16 December 2010 
 
 (10-6781) 
Committee on Government Procurement  
  
 
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT 
AS AT 13 DECEMBER 2010 
 
Prepared by the Secretariat
 
 
  This document contains the text of the revision of the 1994 Agreement on Government 
Procurement (Articles I-XXI) following completion of the "legal check" and verification of the 
equivalency of the English, French and Spanish versi ons of the text.  As with the previous version of 
the revised text (GPA/W/297 of 11 December 2006), adoption of the text  contained herein is subject 
to the conditions outlined in paragraphs 20-21 of  the Committee's 2006 Report to the General Council 
(GPA/89 of 11 December 2006).  In particular, it should  be noted that the final adoption of the text is 
subject to a mutually satisfactory outcome to the related negotiations on the coverage of the 
Agreement.   Article XXII of the revised Agreement (Final Provisions) remains subject to discussion by the 
negotiators and will be made available at a later date. 
 
_______________ 
 
 
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 (To be provided.)  
 GPA/W/313 
Page 2  
 
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; 
 
 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");  [N.B.:  This provision is related to 
the final status of the Agreement.]  
 
 Hereby agree  as follows: 
 
Article I Definitions  
 
For purposes of this Agreement: 
 
(a) commercial goods or services  means goods or services of a type generally sold or 
offered for sale in the commercial 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);   GPA/W/313 
 Page 3 
 
 
 
(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; 
 
(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.  GPA/W/313 
Page 4  
 
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. 
 
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;  GPA/W/313 
 Page 5 
 
 
 
(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; 
 
 (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 
 GPA/W/313 
Page 6  
 
(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: 
 
(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;  GPA/W/313 
 Page 7 
 
 
 
(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 
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. 
 GPA/W/313 
Page 8  
 
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. 
 
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 
  GPA/W/313 
 Page 9 
 
 
(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; 
 
(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 implementati on period for an obligation under 
paragraph 4 shall list in its Anne x 6 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 GPA/W/313 
Page 10  
 
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 
 
(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 links  in a gateway electronic site that is 
accessible free of charge. 
 
Parties, including their procuring entities covered under Annex 2 or 3, are encouraged to publish their 
notices by electronic means free of charge through a single point of access.  2. Except as otherwise provided in this 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; 
  GPA/W/313 
 Page 11 
 
 
(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;  
 
(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 conditions  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 GPA/W/313 
Page 12  
 
procurement should include the subject-matter of  the procurement and the planned date of the 
publication of the notice of intended procurement.  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. 
  GPA/W/313 
 Page 13 
 
 
Article IX Qualification of Suppliers 
 
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintain a supplier registration system under 
which interested suppliers are required to register and provide certain information.  
 2. Each Party shall ensure that:  
(a) its procuring entities make efforts to minimize differences in their qualification 
procedures;  and 
 
(b) where its procuring entities maintain 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 procurement at least the information specified in 
Article VII:2(a), (b), (f), (g), (j), (k) and (l ) and invite suppliers to submit a request for 
participation;  and 
 
(b) provide, by the commencement of the time-period for tendering, at least the 
information in Article VII:2 (c), (d), (e), (h) and (i) to the qualified suppliers that it 
notifies as specified in Article XI:3(b). 
 5. A procuring entity shall  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.  GPA/W/313 
Page 14  
 
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;  
 
(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. 
  GPA/W/313 
 Page 15 
 
 
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.  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/313 
Page 16  
 
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 submit responsive tenders; 
 
(b) provide, on request, the tender documenta tion to any interested supplier;  and 
  GPA/W/313 
 Page 17 
 
 
(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/313 
Page 18  
 
 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/313 
 Page 19 
 
 
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; 
 
(ii) the protection of patents, copyrights or other exclusive rights;  or  GPA/W/313 
Page 20  
 
 
(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/313 
 Page 21 
 
 
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 the 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/313 
Page 22  
 
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/313 
 Page 23 
 
 
(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/313 
Page 24  
 
 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 commercial interests of particular persons, including 
the protection of intellectual property;  or 
 
(d) would otherwise be contrary to the public interest. 
 
Article XVIII Domestic Review Procedures  
 1. Each Party shall provide a timely, 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/313 
 Page 25 
 
 
(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/313 
Page 26  
 
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 mutu ally 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).  
 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: 
  GPA/W/313 
 Page 27 
 
 
 (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. 
 
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 
 GPA/W/313 
Page 28  
 
(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. 
 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  
 
(To be provided.)  
__________