RESTRICTED  
  
GPA/TN1994/4/Rev.11  
 
19 July 2006  
(24-3154) Page: 1/85 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994   
 
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 14 JULY  2006*,** 
NOTE  BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 14 July 2006 (as reflected in Job  No. 5542 of 
18 July 2006) and the corresponding provisions of the 1994 Agreement currently in force.  
 
For information, at the end of this paper , a second table lists the numbering of the provisions of 
the 1994  Agreement in their sequence and the numbering of the corresponding provisions in the 
revised draft text.  
 
The tw o tables in this document do not reproduce or reference the following parts of the revised 
draft text of the Agreement, added at the informal meetings in the week of 30  May 2005 and 
further discussed at subsequent informal meetings : 
 
− the proposal by the United States as to the suggested structure and content of  the 
Annexes to Appendix  I;  and  
 
− the two proposed decisions by the Committee pursuant to Article  XVII of the draft 
revised text of the Agreement [ Modifications and Rectifications to Coverage].  
 
_______________  
 
 
* English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs 208) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Preamble  
Article  I  Definitions  
Article  II Scope and Coverage  
Article  III Exceptions to the Agreement  
Article  IV Developing Countries  
Article  V General Principles  
Article  VI Information on Procurement 
Framework  
Article  VII Notices  
Article  VIII Conditions for Participation  
Article IX  Qualification Procedures  
Article  X Technical S pecifications and 
Tender  Documentation  
Article  XI Time-Periods  
Article  XII Negotiation  
Article  XIII Limited Tendering  
Article  XIV Electronic Auctions  
Article  XV Treatment of Tenders and Contract 
Awards  
Article  XVI Transparency of Procurement 
Information  
Article  XVII Disclosure of Information  
Article  XVIII Domestic Review Procedures for 
Supplier  Challenges  
Article  XIX Modifications and Rectifications to 
Coverage  
Article  XX Consultations and Dispute 
Settlement  
Article  XXI Institutions  
Article  XXII Final Provisions  Table of Contents  
 
Preamble  
Article  I Scope and Coverage  
Article  II Valuation of Contracts  
Article  III National Treatment and Non -
discrimination  
Article  IV Rules of Origin  
Article  V Special and Differential Treatment for 
Developing Countries  
Article  VI Technical Specifications  
Article  VII Tendering Procedures  
Article  VIII Qualification of Suppliers  
Article  IX Invitation to Participate Regarding 
Intended Procurement  
Article  X Selection Procedures  
Article  XI Time-limits for Tendering and Delivery  
Article  XII Tender Documentation  
Article  XIII Submission, Receipt and Opening of 
Tenders and Awarding of Contracts  
Article  XIV Negotiation  
Article  XV Limited Tendering  
Article  XVI Offsets  
Article  XVII Transparency  
Article  XVIII Information and Review as Regards 
Obligations of Entities  
Article  XIX Information and Review as Regards 
Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute Settlement  
Article  XXIII Exceptions to  the Agreement  
Article XXIV  Final Provisions  
Notes  
 
 
Preamble  
  
 Parties to this Agreement (hereinafter 
referred to as "Parties"),  
  Parties to this Agreement  (hereinafter 
referred to as "Parties"),  
 
 Recognizing  the need for an effective 
multilateral framework for government 
procurement, with a view to achieving greater 
liberalization and expansion of, and improving the 
framework for, the conduct of international trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations with 
respect to laws, regulations, procedures and practices 
regarding government procurement with a view to 
achieving greater liberalization and expansion of world 
trade and improving the international framewor k for 
the conduct of world trade;  
 
 Recognizing  that measures regarding 
government procurement should not be prepared, 
adopted or applied so as to afford protection to 
domestic suppliers, goods , or services , or to 
discriminate among foreign suppliers, goo ds or 
services;  
  Recognizing  that laws, regulations, procedures 
and practices regarding government procurement 
should not be prepared, adopted or applied to foreign 
or domestic products and services and to foreign or 
domestic suppliers so as to afford pro tection to 
domestic products or services or domestic suppliers 
and should not discriminate among foreign products or 
services or among foreign suppliers;  
 
 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;  
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 Recognizing  that the procedural 
commitments under this Agreement should be 
sufficiently flex ible to accommodate the specific 
circumstances of each Party;  
  
  Recognizing  the need to establish 
international procedures on notification, consultation, 
surveillance and dispute settlement with a view to 
ensuring a fair, prompt and effective enforcement of 
the international provisions on government 
procurement and to maintain th e balance of rights and 
obligations at the highest possible level;  
 
 Recognizing  the need to take into account 
the development, financial and trade needs of 
developing countries, in particular the least -
developed countries;  
  Recognizing  the need to take into account the 
development, 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 
impartial manner, and of avoiding conflicts of 
interest and corrupt practices, in accordance with 
applicable international instrumen ts, such as the 
United Nations Convention Against Corruption;  
  Recognizing  that it is desirable to provide 
transparency of laws, regulations, procedures and 
practices regarding government procurement;  
 Recognizing the importance of using, and 
encouraging  the use of, electronic means for 
procurement covered by this Agreement;  
  
  Desiring , in accordance with paragraph 6(b) 
of Article  IX of the Agreement on Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
 
 Desiring  to encourage acceptance of and 
accession to this Agreement by WTO Members not 
party to it;  
  Desiring  to encourage acceptance of and 
accession to this Agreement by governments not party 
to it; 
 
 Having undertaken  further negotiations in 
pursuance of thes e objectives;  
  Having  undertaken  further negotiations in 
pursuance of these objectives;  
 
 Hereby agree  as follows:  
  Hereby agree  as follows:  
 
 
Article  I 
Definitions  
  
For purposes of th e Agreement:  
  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) [build -operate -transfer 
contract  and public works 
concession contract means  any 
contractual arrangement the 
primary purpose of which is to 
provide for the construction or 
rehabilitation of physical 
infrastructure, plant, buildings, 
facilities, or other 
government -owned works and 
under which, as consideration for a 
supplier's execution of a 
contractual arrangement, a 
procuring entity grants to the 
supplier, for a specified period of 
time, temporary ownership or a 
right to control and operate, and 
demand payment for the use of, 
such works for th e duration of the 
contract;]US,JPN  [Market Access 
Issue ] 
  
(b) 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;  
 [NB:  Switzerland's approval of 
this definition    
 is dependent  on the outcome 
on time -periods. ] 
  
(c) construction services contract  
means a contract that has as its 
objective the realization by 
whatever means of civil or building 
works, based on Division  51 of the 
Provisional U.N. Central Product 
Classification (CPC);  
 Appendix I, Annex 5  
 A construction services contract is a contract 
which has as its objective the realization by whatever 
means of civil or building works, in the sense of 
Division 51 of the Central Product Classification.  
 
(d) country or countries  include any 
separate customs territory that is a 
Party to the Ag reement.  In the 
case of a separate customs 
territory that is a Party to the 
Agreement, where an expression in 
the Agreement is qualified by the 
term "national", such expression 
shall be read as pertaining to that 
customs territory, unless otherwise 
specif ied; 
 Notes  
 The terms "country" or "countries" as used in 
this Agreement, including the Appendices, are to be 
understood to include any separate customs territory 
Party to this Agreement.  
 
Notes  
 In the case of a separate customs territory 
Party to this Agreement, where an expression in this 
Agreement is qualified by the term "national", such 
expression shall be read as pertaining to that customs 
territory, unless otherwise specified.  
 
(e) days means calendar days;  
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 related to the 
evaluation criteria, or both, 
resulting in a ranking or re -ranking 
of tenders;  
  [NB:  Canada's approval of this 
definition is  
  dependent on the outcome on 
Article  XIV.] 
  
(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 where the 
procuring entity contacts a supplier 
or suppliers of its choice;  
 Article  VII 
3. For the purposes of this Agreement:  
 
... 
 
 (c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers indi vidually, only 
under the conditions specified in 
Article  XV. 
 
(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 procuring 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 request for 
participation, a tender, or both;  
  
(l) offsets  in government 
procurement means any condition 
or undertaking that encourage local 
development or improve a Party's 
balance -of-payments accounts, 
such as the use of domestic 
content, the licensing of 
technology, investment, 
counter -trade, and similar actions;  
 Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
improve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(m) open tendering  means a 
procurement method where all 
interested suppliers may submit a 
tender;  
 Article  VII 
3. For the purposes of this Agreement:  
 
 (a) Open tendering procedures are those 
procedures under which all interested 
suppliers may submit a tender.  
 
(n) person  means a natural person or 
a juridical person;  
  
(o) procuring entity  means an entity 
covered under Annexes  1, 2 and 3 
of Appendix  I of each Party;  
  
(p) qualified supplier  means a 
supplier that a procuring entity 
recognizes as having satisfied the 
conditions for participation;  
 Article VIII  
(c) ... Entities shall recognize as qualified 
suppliers such domestic suppliers or 
suppliers of other Parties who meet 
the conditions for participation in a 
particular intended procurement. ...  
 
(q) selective tendering  means a 
procurement method where only 
suppliers satisfying the conditions 
for participation are invited by the 
procuring entity to submit a 
tender;  
 Article VII  
3. For the purposes of this Agreement:  
 
... 
 
 (b) Selective tendering procedures are 
those procedures under which, 
consistent with paragraph 3 of 
Article  X and other relevant 
provisions of this Agreement, those 
suppliers invited to do so by the  
entity may submit a tender.  
 
(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 products or 
services or related processes and 
production methods, with which 
compliance is not mandatory.  It 
may also inc lude or deal exclusively 
with terminology, symbols, 
packaging, marking or labelling 
requirements as they apply to a 
product, service, process or 
production method;  
 Footnote  
4. For the purpose of this Agreement, a standard 
is a document approved by a recog nized body, that 
provides, for common and repeated use, rules, 
guidelines or characteristics for products or services or 
related processes and production methods, with which 
compliance is not mandatory.  It may also include or 
deal exclusively with termino logy, symbols, packaging, 
marking or labelling requirements as they apply to a 
product, service, process or production method.  
 
(t) supplier  means a person or group 
of persons that provides or could 
provide goods or services;  
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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  VI 
1. Technical specifications laying down the 
characteristics of the products or services to be 
procured, such as quality, performan ce, safety and 
dimensions, symbols, terminology, packaging, marking 
and labelling, or the processes and methods for their 
production and requirements relating to conformity 
assessment procedures prescribed by procuring 
entities, shall not be prepared, adop ted or applied with 
a view to, or with the effect of, creating unnecessary 
obstacles to international trade.  
 
Article  II 
Scope and Coverage  
  
Article  I 
Scope and Coverage  
Application of Agreement  
 
1. This Agreement applies to any measure 
regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic 
means.  
 1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specifi ed in 
Appendix I.  
 
Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in the 
Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in particular aim 
to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through transparent 
procedures, that contracts covered under the 
Agreement are clearly identified and that all available 
information relating to a particular contract can be 
identified.  When a Party intends to innovate , it shall 
endeavour to take into account the views expressed by 
other Parties regarding any potential problems.  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. For the purposes of the 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;  rental 
or hire purchase, with or without an 
option to buy [and build -operate -
transfer contracts and public works 
concession contracts]US;  
[Bracketed Language – Market 
Access Issue ] 
 Article  I 
1. This Agreement applies to any l aw, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
 
2. This Agreement applies to procurement by 
any contractual means, including through such 
methods as purchase or as lease, r ental or hire 
purchase, with or without an option to buy, including 
any combination of products and services.  
 
(c) for which the value, as estimated 
in accordance with paragraph  9 
through 11 , equals or exceeds the 
relevant threshold specified in 
[Appendix  I/paragraph  4], at the 
time of publication of a notice in 
accordance with Article  V; 
 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement sh all apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the time 
of publication of the notice in accordance with Article 
IX. 
 
(d) by a procuring entity;  and  
 
(e) that is not otherwise excluded 
from coverage in paragraph 5 or in 
each Party's Appendix I.  
  [NB:  Hong Kong, China is 
considering the formulation 
including "otherwise". ] 
 Article I  
1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
[3. Regardless of whether a Party classifies 
software as a good or a service, paragraph  2(a) 
includes software that is delivered on a carrier 
medium or that is delivered, acces sed, or used by 
electronic means, unless a Party explicitly excludes 
software from its coverage.]US,CDA,JPN 
[NB: The EC, Switzerland and Hong Kong, 
China share the view that software coverage 
should be clarified in each Party's Appendix. ] 
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. Without prejudice to Article  [Exceptions ], 
the Agreement applies to any procurement:  
 
(a) of central government entities 
where the value is estimated to 
equal or exceed:  
- SDR 130,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for cont racts 
for construction services;  
 
(b) of sub -central government entities 
where the value is estimated to 
equal or exceed:  
- SDR 200,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts 
for construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is 
estimated to equal or exceed:  
- SDR 400,000 for contracts for 
supply of goods and services;  
- SDR 5,000,000 for contracts 
for construction services.]EC,NOR 
[Market Access Issue ] 
 Article I  
4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the time 
of publication of the notice in accordance with Article 
IX. 
 
Footnote  
1. ... Relevant thresholds are specified in each 
Party's Annexes.  
5. 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 
provides, including cooperative 
agreements, grants, loans, equi ty 
infusions, guarantees, and fiscal 
incentives;  
 
(c) the [procurement or]EC 
[acquisition]US,JPN,CDA of fiscal 
agency or depository services, 
liquidation and management 
services for regulated financial 
institutions, or services related to 
the sale, redempt ion and 
distribution of [government/public] 
debt, including loans and 
government bonds, notes and 
other securities;  
 
(d) public employment contracts;  
  
 
Notes  
 
Article  1, paragraph  1 
 Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to the untying of 
such aid, this Agreement does not apply to 
procurement made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.  
 
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(e) the procurement of a gricultural 
products made in furtherance of 
agricultural support programmes 
and human feeding programmes, 
including food aid;  
 
(f) procurement conducted:  
   
  (i)  for the direct purpose of 
providing  international 
assistance,  
   including development 
aid; 
   
  [(ii) in furtherance of tied aid 
to  developing countries];CDA  
 
  (iii) under an international 
agreement  relating to the 
stationing of troops or 
 intended for the joint 
implementation  or exploitation of 
a project by the  signatory States;  
   
  (iv) in support of military 
forces located 
 overseas/abroad;  
 
  [(v)  outside the territory of a 
Party]HKC ; or 
 
  (vi) under the particular 
[condition or]  procedure of an 
international  organization, or 
funded by  international 
grants, loans , or other 
 assistance where the 
applicable  [condition or] 
procedure would be 
 inconsistent with the 
Agreement; or  
 
[(g) procurement of any goods or 
services component of a contract 
where either the entity conducting 
the procurement or the 
procurement its elf is not covered 
by the Agreement]US,CDA]US,EC 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notes  
 
Article  1, paragraph  1 
 Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to the untying of 
such aid, this Agreement does not apply to 
procurement made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. For each Party, Appendix  I shall be divided 
into [six/seven]  Annexes:  
 
(a) Annex  1 specifie s the central 
government entities whose 
procurement is covered by th e 
Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose 
procurement is covered by th e 
Agreement;  
 
(c) Annex  3 specifies all other entities 
whose procurement is covered by 
the Agreement;  
 
[(d) Annex  4 specifies the goods 
covered by th e 
Agreement;]US,CDA,JPN,SWI 
 
(e) Annex  [4/5] specifies the services 
covered by th e Agreement;  
 
(f) Annex  [5/6] specifies the 
construction services covered by 
the Agreement;  and  
 
(g) Annex  [6/7] sets out the General 
Notes applicable to the Annexes.  
 Footnote  
1. For each Party, Appendix I is divided into five 
Annexes:  
 
 - Annex 1 contains central government 
entities.  
 
 - Annex 2 contains sub -central 
government entities.  
 
 - Annex 3 contains all other entities 
that procure in accordance with the 
provisions of this Agreement.  
 
 - Annex 4 specifies services, whether 
listed positively or negatively, 
covered by this Agreement.  
 
 - Annex 5 specifies covered  
construction services.  
 
 ... 
 
Compliance   
7. Each Party shall [take such reasonable 
measures as may be available to it to]CDA ensure 
that the procuring entities listed in its Appendix  I 
comply with the provisions of [Articles  VII to XI (# 
to be updated) of]CDA the Agreement in conducting 
covered procurement.  
 Article  VII 
1. Each Party shall ensure that the tendering 
procedures o f its entities are applied in a non -
discriminatory manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
8. Where a procuring entity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procu re in accordance with particular 
requirements, Article  V shall apply mutatis  mutandis  
to such requirements.  
 
 Article  I 
3. Where entities, in the context of procurement 
covered under this Agreement, require enterprises not 
included in Appendix I to award contracts in 
accordance with particular requirements, Article  III 
shall apply mutatis mutandis to such requirements.  
 
Valua tion Article  II 
Valuation of Contracts  
 
9. In estimating the value of a procurement 
for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
 1. The following provisions shall apply in 
determining the value of contrac ts2 for purposes of 
implementing this Agreement.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the time 
of publication of the notice in accordance with Article 
IX. 
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) neither divide a procurement into 
separate procurements nor select 
or use a particular valuation 
method for estimating the value of 
a procurement with the intention 
of totally or partially excluding it 
from the application of th e 
Agreemen t;  and  
 Article  II 
3. The selection of the valuation method by the 
entity shall not be used, nor shall any procurement 
requirement be divided, with the intention of avoiding 
the application of this Agreement.  
 
(b) include the estimated maximum 
total valu e of the procurement 
over its entire duration, whether 
awarded to one or more suppliers, 
taking into account all forms of 
remuneration, including:  
 
(i) premiums, fees, 
commissions, interest 
[and other revenue 
streams that may be 
provided for in such 
procurements]  [Market 
Access Issue ] 
 [NB:  related to B -O-T 
and public works 
concession contracts ];  
and 
 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
 
(ii) where the procurement 
provides for the possibility 
of option clauses, the 
estimated maximum total 
value of the procurement, 
inclusive of optional 
purchases.  
 6. In cases where an intended procurement 
specifies the need for option clauses, the basis for 
valuation  shall be the total value of the maximum 
permissible procurement, inclusive of optional 
purchases.  
 
10. 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:  
 4. If an individual requirement for a procurement 
results in the award of more than one contract, or in 
contracts being awarded in separate parts, the basis 
for valuation shall be either:  
 
(a) the value of recurring 
procurements of the same  type of 
good or service awarded during 
the preceding 12  months or 
preceding fiscal year, adjusted 
where possible to take into 
account anticipated changes in the 
quantity or value of the good or 
service being procured over the 
subsequent 12  months;  or  
  (a) the actual value of similar recurring 
contracts concluded over the 
previous fiscal year or 12 months 
adjusted, where possible, for 
anticipated changes in quantity and 
value over the subsequent 12 
months;  or  
 
(b) the estimated value of recurring 
procurements of the same type of 
good or service to be awarded 
during the procuring entity's fiscal 
year or the 12  months subsequent 
to the initial contract award, 
whichever is greater.  
  (b) the estimated value of recurring 
contracts in the fisc al year or 12 
months subsequent to the initial 
contract.  
 
11. In the case of procurement by lease, rental 
or hire purchase of goods or services, or 
procurement for which a total price is not specified, 5. In cases of con tracts for the lease, rental or 
hire purchase of products or services, or in the case of 
contracts which do not specify a total price, the basis GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
the basis for valuation shall be:  
 for valuation shall be:  
 
(a) in the case of a fixed -term 
contract:  
 
(i) where the term of the 
contract is 12 months or 
less, the total estimated 
maximum value for its 
duration, or  
 
(ii) where the term of the 
contract exceeds 
12 months, the total 
estimated maximum 
value, including any 
estimated residual value;  
 
  (a) in the case of fixed -term contracts, 
where t heir term is 12 months or 
less, the total contract value for their 
duration, or, where their term 
exceeds 12 months, their total value 
including the estimated residual 
value;  
 
(b) where the contract is for an 
indefinite period, the estimated 
monthly instalment multiplied by 
48;  and  
  (b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by 48.  
 
(c) where there is doubt as to whether 
the contract is to be a fixed -term 
contract, subparagraph  (b) shall be 
used. 
 If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
 
 
Article  III 
Exceptions to the Agreement  
  
Article  XXIII 
Exceptions to the Agreement  
 
1. Nothing in the Agreement shall be 
construed to prevent any Party from taking any 
action or not disclosing any information that it 
considers necessary for the protection of its 
essential security interests relating to the 
procurement of arms, ammunition, or war materials, 
or to procurement indispensable for national 
security or for national defence purposes.  
 1. Nothing in this Agreement shall be construed to 
prevent any Party from taking any action or not 
disclosing any information which it considers necessary 
for the protection of its essential security interests 
relating to  the procurement of arms, ammunition or war 
materials, or to procurement indispensable for national 
security or for national defence purposes.  
2. Subject to the requirement that such 
measures are not applied in a manner that would 
constitute a means of arbitrary or unjustifiable 
discrimination between Parties where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in the Agreement shall 
be construed to prevent any Party from imposing or 
enforcing measures:  
 
(a) necess ary to protect public 
morals, order, or safety;  
 
(b) necessary to protect human, 
animal or plant life or health;  
 
(c) necessary to protect intellectual 
property;  or  
 
(d) relating to goods or services of 
handicapped persons, 
philanthropic institutions, or  
prison labour.  
 2. Subject to the requirement that such 
measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable 
discrimination between countries where the same 
conditions prevail or a disguised restriction on 
international trade, nothing in this Agreement shall be 
construed to prevent any Party from imposing or 
enforcing measures: necessary to protect public 
morals, order or safety, human, animal or plant life or 
health or intellectual property;  or relating to the  
products or services of handicapped persons, of 
philanthropic institutions or of prison labour.  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to 
protect human, animal or plant life or health.]US,CDA 
[NB:  Japan;  Norway;  and Hong  Kong, China 
can join a consensus on this paragraph. ] 
[NB:  Singapore, EC, Switzerland and Korea 
consider that paragraph 3 is not necessary and 
could lead to legal uncertainty as to the scope 
of "environmental measures". ] 
  
 
Article  IV 
Developing Countries  
  
Article V  
Special and Differential Treatment for Devel oping 
Countries  
 
1. In negotiations on accession to, and in the 
implementation and administration of, the 
Agreement, the Parties shall take special 
consideration of 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.  [In this context, the Parties shall give due 
consideration to requests by a developing country 
for transitional measures with regard to its market 
access commitments under paragraph  3, as well as 
its implementation of [the procedural obligations 
of]US,CDA,JPN the Agreement under 
paragraph  6.]US,CDA,JPN,ISR  [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 differ ential treatment 
meets its development 
needs.]EC,HKC,NOR,SWI,KOR  
 Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, through the 
provisions set out in this Article, duly take into account 
the development, financial an d trade needs of 
developing countries, in particular least -developed 
countries, in their need to: ...  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (a) safeguard their balance -of-payments 
position and ensure a level of 
reserves adequate for the 
implementation of programmes of 
economic development;  
 
 (b) promote the establishment or 
development of domestic industries 
including the development of small -
scale and cottage industries in rural 
or backward areas; and economic 
development of other sectors of the 
economy;  
 
 (c) support industria l units so long as 
they are wholly or substantially 
dependent on government 
procurement;  and  
 
 (d) encourage their economic 
development through regional or 
global arrangements among 
developing countries presented to 
the Ministerial Conference of the 
World Trade Organization 
(hereinafter referred to as the 
"WTO") and not disapproved by it.  
 
[2. Upon accession by a developing country to 
the Agreement, each Party shall provide 
immediately to the goods, services, and suppliers of 
that country the most fa vourable coverage that the 
Party provides under Appendix  I to any other Party 
to the Agreement, [unless the developing country 
has scheduled transitional measures other than 
price preferences or offsets]EC,SWI,KOR [subject to any 
terms negotiated between t hat Party and the 
developing country in order to maintain an 
appropriate balance of opportunities under the 
Agreement]US,CDA,JPN.] 
[NB:  Israel and Switzerland are still 
considering this paragraph.  The EC is 
wondering what is the added value of the last 
bracketed language. ] 
 2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, facilitate increased 
imports from developing countries, b earing in mind the 
special problems of least -developed countries and of 
those countries at low stages of economic 
development.  
 
Coverage  
3. With a view to ensuring that developing 
countries are able to adhere to this Agreement on 
terms consistent with thei r development, financial and 
trade needs, the objectives listed in paragraph  1 shall 
be duly taken into account in the course of 
negotiations with respect to the procurement of 
developing countries to be covered by the provisions of 
this Agreement.  Develo ped countries, in the 
preparation of their coverage lists under the provisions 
of this Agreement, shall endeavour to include entities 
procuring products and services of export interest to 
developing countries.  
 
 Special Treatment for Least -Developed Countries  
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those 
Parties with respect to products or services originating 
in those Parties, in the context of any general or 
specific measures in favour of developing  country 
Parties.  A Party may also grant the benefits of this 
Agreement to suppliers in least -developed countries 
which are not Parties, with respect to products or 
services originating in those countries.  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Based on its development needs, and with 
the agreement of the Parties, a developing country 
may, upon its accession to the Agreement, adopt or 
retain one or more of the following transitional 
measures, during the transition period and in 
accordance with a phase -out schedule, set out in an 
Annex to it s Appendix  I, and in a manner that does 
not discriminate among the Parties:  
 
(a) a price preference programme, 
provided that the programme:  
 
(i) provides a preference 
only for the part of the 
tender incorporating 
goods or services 
originating in the 
developing  country 
applying the preference or 
goods or services 
originating in other 
developing countries that 
have preferential 
agreements with the 
developing country 
applying the preference;  
and 
 
 Agreed Exclusions  
4. A developing country may negotiate with 
other participants in negotiations under this Agreement 
mutually acceptable exclusions from the rules on 
national treatment with respect to certain entities, 
products or services that are included in its coverage 
lists, having regard to the particular circumstances of 
each case.  In such negotiations, the considerations 
mentioned in subparagraphs  1(a) through 1(c) shall be 
duly taken into account.  A developing country 
participating in regional or global arrangements among 
developing countries referred to in subparagraph  1(d) 
may also negotiate exclusions to its lists, having 
regard to the particular circumstances of each case, 
taking into account, inter alia, the provisions on 
government procurement provided for in the regional 
or global arrangements concerned and, in particular, 
products or services which may be subject to common 
industrial development programmes.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis to developing countries acceding to this  
Agreement after its entry into force.  
 
(ii) is transparent, and the 
preference and its 
application in the 
procurement are clearly 
described in the notice of 
intended procurement and 
the notice inviting 
suppliers to apply for 
participation in 
procurement covered by 
the Agreement;  
  
(b) an offset, provided that any 
requirement for, or consideration 
of, the imposition of the offset is 
clearly stated in the notice of 
intended procurement and the 
notice inviting suppliers to apply 
for participation in procurement 
covered by the Agreement;  
 Article XVI  
2. Nevertheless, having regard to general policy 
considerations, including those relating to 
development, a developing country may at the time of 
accession negotiate conditions for the use of offsets, 
such as requirements for the incorporation of domestic 
content.  Such requirements shall be used only for 
qualification to participate in the procurement process 
and not as criteria for awarding contracts.  Conditions 
shall be objective, clearly defined and no n-
discriminatory.  They shall be set forth in the country's 
Appendix I and may include precise limitations on the 
imposition of offsets in any contract subject to this 
Agreement.  The existence of such conditions shall be 
notified to the Committee and incl uded in the notice of 
intended procurement and other documentation.  
 
[(c) the phased -in addition of specific 
entities or sectors;  and  
  
(d) a transitional threshold that is 
higher than its permanent 
threshold.]US,CDA,JPN 
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. Where the Parties have agreed to 
transitional measures [other than price preferences 
or offsets]EC,SWI under paragraph  3 for a developing 
country other than a least -developed country, any 
Party may limit the scope of coverage that the Party 
provides to that country during t he application of 
the transitional measures in order to maintain an 
appropriate balance of opportunities under the 
Agreement.  Any such limitations shall be clearly 
identified in the Committee's accession decision and 
in each Party's Annexes or Notes to Ap pendix  I.]EC 
[NB:  Canada;  Israel;  Japan;  Norway;  the 
United States; and Hong  Kong, China suggest 
to delete this paragraph because of 
paragraph  2.] 
 
 Article V  
2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, facilitate increased 
imports from developing countries, bearing in mind the 
special problems of least -developed countries and of 
those countries at low stages  of economic 
development.  
 
Coverage  
3. With a view to ensuring that developing 
countries are able to adhere to this Agreement on 
terms consistent with their development, financial and 
trade needs, the objectives listed in paragraph  1 shall 
be duly taken in to account in the course of 
negotiations with respect to the procurement of 
developing countries to be covered by the provisions of 
this Agreement.  Developed countries, in the 
preparation of their coverage lists under the provisions 
of this Agreement, sha ll endeavour to include entities 
procuring products and services of export interest to 
developing countries.  
 
 
 Special Treatment for Least -Developed Countries  
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries (BISD 26S/203 -
205), special treatment shall be granted to least -
developed country Parties and to the suppliers in those 
Parties with r espect to products or services originating 
in those Parties, in the context of any general or 
specific measures in favour of developing country 
Parties.  A Party may also grant the benefits of this 
Agreement to suppliers in least -developed countries 
which are not Parties, with respect to products or 
services originating in those countries.  
 
[5. The agreed -upon transition period shall not 
exceed 10  years for developing countries and 
20 years for least -developed countries.]EC,SWI,KOR 
  
6. In negotiations on accession to the 
Agreement, the Parties may agree to the delay of 
the application of [any specific obligation in]US,CDA 
the Agreement, other than Article V:1(b),  by an 
acceding developing country while that country 
completes its implementa tion of the obligation.  The 
implementation period shall be:  
 
(a) for a least -developed country, 
[three]US,CDA [five]EC years after its 
accession to the Agreement;  and  
 
(b) for any other developing country, 
the period necessary to 
implement the [specific 
obligation]US,JPN,CDA [Agreement]EC. 
  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Any developing country that has been 
permitted a period in which to implement an 
obligation under paragraph  6 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 implementation period.  
  
8. After the Agreement has entered into force 
for a developing country, the Committee, on request 
of the developing country [, and with a three -fourths 
majority vote,]EC,NOR,SWI,KOR may: 
(a) extend the transition period for a 
measure permitted under 
paragraph  3 or the implementation 
period permitted under 
paragraph  6;  or  
 
(b) approve the application of a new 
transitional measure permitted 
under paragraph  3, in special 
circumstances that were 
unforeseen during the accession 
process,  
 
[provided that the developing country has 
demonstrated a need for the extension or new 
transiti onal measure]US,CDA,JPN. 
 Article V  
5. After entry into force of this Agreement, a 
developing country Party may modify its coverage lists 
in accordance with the provisions for modification of 
such lists contained in paragraph  6 of Article  XXIV, 
having rega rd to its development, financial and trade 
needs, or may request the Committee on Government 
Procurement (hereinafter referred to as "the 
Committee") to grant exclusions from the rules on 
national treatment for certain entities, products or 
services that a re included in its coverage lists, having 
regard to the particular circumstances of each case 
and taking duly into account the provisions of 
subparagraphs  1(a) through 1(c).  After entry into 
force of this Agreement, a developing country Party 
may also req uest the Committee to grant exclusions 
for certain entities, products or services that are 
included in its coverage lists in the light of its 
participation in regional or global arrangements among 
developing countries, having regard to the particular 
circumstances of each case and taking duly into 
account the provisions of subparagraph  1(d).  Each 
request to the Committee by a developing country 
Party relating to modification of a list shall be 
accompanied by documentation relevant to the request 
or by such  information as may be necessary for 
consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
 
9. A developing country benefiting from a 
transitional measure provided for in paragraph  3 
or 8, or an implementation period provided for in 
paragraph  6, or any extension thereof under 
paragraph  8 shall take such steps during the 
transition period or implementation period as may 
be necessary to en sure the fulfilment of all of its 
obligations at the end of any such period.  The 
developing country shall promptly notify the 
Committee of such steps, including any special 
technical cooperation and capacity building needs.  
  
10. At the end of the transition period for 
measures permitted under paragraph  3, the 
implementation period permitted under 
paragraph  6, and any extensions permitted under 
paragraph  8, the developing country shall fully 
comply with the Agreement.  
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
11. The Parties shall give d ue consideration to 
any request by a developing country[, during or 
after its accession,]US,CDA for technical cooperation 
and capacity building in relation to that country's 
implementation of the Agreement.  Technical Assistance for Developing Country Parti es 
8. Each developed country Party shall, upon 
request, provide all technical assistance which it may 
deem appropriate to developing country Parties in 
resolving their problems in the field of government 
procurement.  
 
  
9. This assistance, which shall be provided on 
the basis of non -discrimination among developing 
country Parties, shall relate, inter alia, to: 
 
 - the solution of particular technical 
problems    relating to the 
award of a specific contract;   
 and 
 
 - any ot her problem which the Party 
making the   request and another Party 
agree to deal with in   the context of this 
assistance.  
 
10. Technical assistance referred to in 
paragraphs  8 and 9 would include translation of 
qualification documentation and tenders made  by 
suppliers of developing country Parties into an official 
language of the WTO designated by the entity, unless 
developed country Parties deem translation to be 
burdensome, and in that case explanation shall be 
given to developing country Parties upon th eir request 
addressed either to the developed country Parties or to 
their entities.  
 
13. Each developed country Party shall, upon 
request, provide assistance which it may deem 
appropriate to potential tenderers in least -developed 
countries in submitting th eir tenders and selecting the 
products or services which are likely to be of interest 
to its entities as well as to suppliers in least -developed 
countries, and likewise assist them to comply with 
technical regulations and standards relating to 
products or services which are the subject of the 
intended procurement.  
 
[12. Notwithstanding the other provisions in this 
Article, the Parties may provide special market 
access opportunities for least -developed countries 
that are not Parties to the Agreement[, but t hat 
agree to apply transparent procedures that are 
generally consistent with the Agreement]US.]US,CDA 
 Article  XVII 
2. Governments not Parties to the Agreement 
which comply with the conditions specified in 
paragraphs 1(a) through 1(c), shall be entitled if they 
so inform the Parties to participate in the Committee 
as observers.  
 
13. The Committee shall review the operation 
and effectiveness of this Article every five years.  
 Article  V 
7. Such agreed exclusions as mentioned in 
paragraphs 4, 5 and  6 shall be subject to review in 
accordance with the provisions of paragraph  14 below.  
 
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 Review  
14. The Committee shall review annually the 
operation and effectiveness of this Article and, after 
each three years of its operation on the basis of 
reports to be submitted by Parties, shall carry out a 
major review in order to evaluate its effects.  As part 
of the three -yearly reviews and with a view to 
achieving the maximum implementation of the 
provisions of this Agreement, including in particular 
Article III, and having regard to the development, 
financial and trade situation of the developing 
countries concerned, the Committee shall examine 
whether exclusions provided for in accordance with the 
provisions of paragraphs  4 through 6 of this Article 
shall be modified or extended.  
 
 15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph 7 of 
Article XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists , having regard to its economic, financial 
and trade situation.  
 
 
Article  V 
General Principles  
  
Article  III 
National Treatment and Non -discrimination  
 
National Treatment and Non -Discrimination   
1. With respect to any measure regarding 
covered procurement, [a] [each] 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 les s favourable than the treatment the 
Party, including its procuring entities, accords to:  
 1. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall provide immediately an d unconditionally to the 
products, services and suppliers of other Parties 
offering products or services of the Parties, treatment 
no less favourable than:  
 
(a) domestic goods, services and 
suppliers;  and  
  (a) that accorded to domestic products, 
services and suppliers;  and  
 
(b) goods, services and suppliers of 
any other Party.  
  (b) that accorded to products, services 
and suppliers of any other Party.  
 
2. With respect to any measure regarding 
covered procurement, [a] [each] Party, including its 
procuring entities, shall not:  
 2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall ensure:  
 
(a) treat a locally established supplier 
less fav ourably than another 
locally established supplier on the 
basis of degree of foreign affiliation 
or ownership;  nor  
  (a) that its entities shall not treat a 
locally -established supplier less 
favourably than another locally -
established supplier on the basis of 
degree of foreign affiliation or 
ownership;  and  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) discriminate against a locally 
established supplier on the basis 
that the goods or services offered 
by that supplier for a particular 
procurement are goods or services 
of any other Party.  
  (b) that its entities shall not discriminate 
against locally -established suppliers 
on the basis of the country of 
production of the good or service 
being supplied, provided that the 
country of production is a Party to 
the Agreement in accordance with 
the pro visions of Article  IV. 
 
Use of Electronic Means  
 
3. When conducting covered procurement by 
electronic means, a procuring entity shall:  
 
(a) ensure that the procurement is 
conducted using information 
technology systems and software, 
including those related to 
authentication and encryption of 
information,  that are generally 
available and interoperable with 
other generally available 
information technology systems 
and software;  and  
 
(b) maintain mechanisms that ensure 
the integrity of requests for 
partici pation and tenders, 
including establishment of the 
time of receipt and the prevention 
of inappropriate access.  
[NB:  Canada's approval of this paragraph is 
dependent on the outcome on Article  XIV.] 
 Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in the 
Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary , negotiate modifications to the 
Agreement.  These consultations shall in particular aim 
to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through transparent 
procedures, tha t contracts covered under the 
Agreement are clearly identified and that all available 
information relating to a particular contract can be 
identified.  When a Party intends to innovate, it shall 
endeavour to take into account the views expressed by 
other P arties regarding any potential problems.  
 
Conduct of Procurement  
 Article  VII 
Tendering Procedures  
 
4. A procuring entity shall conduct covered 
procurement in a transparent and impartial manner 
that: 
 
(a) is consistent with the Agreement, 
using methods such as open 
tendering, selective tendering, and 
limited tendering;  
 
(b) avoids conflicts of interest;  and  
 
(c) prevents corrupt practices.  
 1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a non -
discriminato ry manner and are consistent with the 
provisions contained in Articles  VII through XVI.  
 
Rules of Origin  
 Article  IV 
Rules of Origin  
 
5. For purposes of covered procurement, no 
Party may apply rules of origin to goods or services 
imported from or supplied by another Party that are 
different from the rules of origin the Party applies at 
the same time in the normal course of trade to 
imports or supplies of the same goods or services 
from the same Party.  
 
 1. A Party shall not apply rules of origin to  
products or services imported or supplied for purposes 
of government procurement covered by this 
Agreement from other Parties, which are different from 
the rules of origin applied in the normal course of trade 
and at the time of the transaction in questio n to 
imports or supplies of the same products or services 
from the same Parties.  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Offsets  
 Article  XVI 
Offsets  
 
6. With regard to covered procurement, [a] 
[each] Party, including its procuring entities, shall 
not seek, take account of, impose or enforce offsets.  
 1. Entities shall not, in the qualification and 
selection of suppliers, products or services, or in the 
evaluation of tenders and award of contracts, impose, 
seek or consider offsets.7 
Measures Not Specific to Procurement  
  
7. The provi sions of paragraphs  1 and 2 shall 
not apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties and charges, other 
import regulations or formalities, and measures 
affecting trade in se rvices other than measures 
governing covered procurement.  Article  III 
3. The provisions of paragraphs 1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on or in connection with importation, the 
method of levying such duties and charges, other 
import regulations and formalities, and measures 
affecting trade in services other than laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement.  
 
 
Article  VI 
Information on Procurement Framework  
  
Each Party shall:  
 
(a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of general 
application, standard contract 
clauses that is mandated by a law 
or regulation and is incorporated 
by reference in not ices and 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 that is 
listed in Appendix  IV;  and  
 Article  XIX 
1. Each Party shall promptly publish any law, 
regulation, judicial decision, administrative ruling of 
general application, and any procedure (including 
standard contract clauses) regarding government 
procurement covered by th is Agreement, in the 
appropriate publications listed in Appendix IV and in 
such a manner as to enable other Parties and suppliers 
to become acquainted with them. ... 
(b) provide an explanation thereof to 
any Party, on request.  
 1. ... Each Party shall be prepared, upon 
request, to explain to any other Party its government 
procurement procedures.  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VII 
Notices  
 
Notice of Intended Procurement  
  
Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in 
the circumstances described in Article  XIII, 
a procuring entity shall publish a notice of intended 
procurement in the appropriate paper or electronic 
media listed in Appendix  II.  Such media shall be 
widely disseminated and [such not ices] shall remain 
readily accessible to the public. The notices shall:  
[NB:  Japan is considering the bracketed 
language. ] 
 
(a) for procuring entities in Annex 1, 
be accessible by electronic means 
[free of charge]EC,US,SWI,KOR,NOR,ISR,HKC 
through a single point of access;  
and 
 
(b) for procuring entities in Annexes 2 
and 3, where accessible by 
electronic means, be provided 
[free of charge]EC,SWI,KOR,NOR,ISR,HKC, 
at least, through links in a 
gateway electronic site.  
 
Parties, including their procuring entities in Annexes 
2 and 3, are encouraged to publish their notices by 
electronic means free of charge through a single 
point of access.  
 1. In accordance with paragraphs  2 and 3, 
entities shall publish an invitation to participate for all 
cases of intended procurement, except as otherwise 
provided for in Article  XV (limited tendering).  The 
notice shall be published in the appropriate publication 
listed in Appendix  II. 
 
2. The invitation to participate may take the 
form of a notice of proposed procurement, as provided 
for in paragraph  6. 
 
2. Except as otherwise provided [in Article[s] 
[VII:5,]CDA,US IX:4, [and X:12,]CDA,US] each notice of 
intended procurement shall include:  
 6. Each notice of proposed procu rement, referred 
to in paragraph  2, shall contain the following 
information:  
 
(a) the name and address of the 
procuring entity and other 
information necessary to contact 
the procuring entity and obtain all 
relevant documents relating to the 
procurement, a nd their cost and 
terms of payment, if any;  
  (e) the address of the entity awarding 
the contract and providing any 
information necessary for obtaining 
specifications and other documents;  
 
 (g) the amount and terms of payment of 
any sum payable for the tender 
documentation; and  
 
(b) a description of the 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;  
 
 (c) for recurring contracts, if possible, 
an esti mate of the timing of 
subsequent notices of intended 
procurement;  
 
 (d) a description of any options;  
 6. (a) the nature and quantity, including 
any options for further procurement 
and, if possible, an estimate of the 
timing when such options may be 
exercised;  in the case of recurring 
contracts the nature and quantity 
and, if possible, an estimate of the 
timing of the subsequent tender 
notices for the products or services 
to be procured;  
 
 (e) the time -frame for delivery of 
goods or services or the duration 
of the contract;  6. (c) any date for starting delivery or 
completion of delivery of goods or 
services;  
(f) the procurement method that will 6. (b) whether the procedure is open or GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
be used and whether it will involve 
negotiation or electronic auction;  
 selective or will involve negotiation;  
 
(g)  where applicable, the address and 
any time -limit for the submission 
of requests for participation in the 
procurement;  
 
(h) the address and the time -limit 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 language of 
the Party of the procuring entity;  
 6. (d) the address an d final date for 
submitting an application to be 
invited to tender or for qualifying for 
the suppliers’ list, or for receiving 
tenders, as well as the language or 
languages in which they must be 
submitted;  
 
(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 such 
requirements are included in 
tender documentation that is 
made available to all interested 
suppliers [by electronic means] at 
the same time as the notice of 
intended procurement;  
 [NB:  Hong Kong, China does 
not support this formulation 
and proposes instead "any 
economic and technical 
requirements, financial 
guarantees and information  
required from suppliers". ] 
 6. (f) any economic and technical 
requirements, financial guarantees 
and information required from 
suppliers;  
(k) where, pursuant to Article  IX, a 
procuring entity intends to select a 
limited number of qualified 
suppliers to b e 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 the Agreement.  
 11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered by 
the Agreement.  
 
Summary Notice  
  
3. For each case of intended procurement, 
[where the notice of intended procurement is not 
already published in one of the official languages of 
the WTO,]US,CDA,HKC,ISR,EC,SWI a procuring entity shall 
publish, by the time of publication of the notice of 
intended procurement, in a readily accessible 
summary notice at least the following information in 
one of the WTO languages:  
 8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO.  The notice shall contain 
at least the following information:  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the subject -matter of the 
procurement;  
 (a) the subject matter of the contract;  
 
(b) the time-limits set for the 
submission of tenders or, where 
applicable, any time -limits for the 
submission of requests for 
participation in the procurement or 
for inclusion on a multi -use list;   
and 
 (b) the time -limits set for the 
submission of tenders or an 
application to be invited to tender;  
and 
 
(c) the addresses from which 
documents relating to the 
procurement may be requested.  
 (c) the addresses from which documents 
relating to the contracts may be 
requested.  
 
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to 
publish [in the appropriate paper or electronic 
media listed in Appendix II] as early as possible in 
each fiscal year a notice regarding their future 
procurement plans.  The notice should include the 
subject -matter of the procurement and the planned 
date of the publication of the notice of intended 
procurement.  
[NB:  Japan is still considering the bracketed 
language. ] 
 7. Each notice of planned procurement referred 
to in paragraph 3 shall contain as much of the 
information referred to in paragraph  6 as is available.  
It shall in any case include the information referred to 
in paragraph 8 and:  
 
 (a) a statement that interested suppliers 
should express their interest in the 
procurement to the entity;  
 
 (b) a contact point with the entity from 
which further information may be 
obtained.  
 
5. A procuring entity in 
[Annex  2 and]US Annex  3 may use a notice of 
planned procurement as a notice of intended 
procurement provided that it includes as much of 
the information in paragraph  2 as is available and a 
statement that interested suppliers should express 
their interest in the procurement to the entity.  
 3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement, as provided for in 
paragraph  7, or  a notice regarding a qualification 
system, as provided for in paragraph  9, as an invitation 
to participate.  
 
4. Entities which use a notice of planned 
procurement as an invitation to participate shall 
subsequently invite all suppliers who have expressed 
an interest to confirm their interest on the basis of 
information which shall include at least the information 
referred to in paragraph  6. 
 
 
Article  VIII 
Conditions for Participation  
  
Article  VIII 
Qualification of Suppliers  
 
1. A procuring entity shall limit any conditions 
for participation in a procurement to those that are 
essential to ensure that a supplier has the legal, 
commercial, technical, and financial abilities to 
undertake the relevant procurement.  In the process of qualifying suppliers,  entities shall not 
discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other 
Parties.  Qualification procedures shall be consistent 
with the following:  
 
 (b) any conditions for participation in 
tendering procedures  shall be limited 
to those which are essential to 
ensure the firm's capability to fulfil 
the contract in question. ...  
 
2. In assessing whether a supplier satisfies 
the conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial,  (b) ... Any conditions for participation 
required from suppliers, including 
financial guarantees, technical 
qualifications and information GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
commercial, and technical abilities 
of a supplier on the basis of that 
supplier's business activities both 
inside and outside the territory of 
the Party of the procuring entity;  
 
 necessary for establishing the 
financial, commercial and technical 
capacity of suppliers, as well as the 
verification of qualifications, shall be 
no less favourab le to suppliers of 
other Parties than to domestic 
suppliers and shall not discriminate 
among suppliers of other Parties.  
The financial, commercial and 
technical capacity of a supplier shall 
be judged on the basis both of that 
supplier's global business ac tivity as 
well as of its activity in the territory 
of the procuring entity, taking due 
account of the legal relationship 
between the supply organizations;  
(b) shall base its determination on the 
conditions that the procuring 
entity has specified in advanc e in 
notices or tender documentation;   
(c) may not impose the condition that, 
in order for a supplier to 
participate in a procurement, the 
supplier has previously been 
awarded one or more contracts by 
a procuring entity of a given Party;  
and 
 
(d) may require relevant prior 
experience where essential to 
meet the requirements of the 
procurement.   
3. Where a procuring entity has supporting 
evidence, it 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;]US,CDA,HKC,ISR  
 
(d) final judgments in respect of 
serious crimes or other serious 
offences;  
 
(e) [professional misconduc t or acts or 
omissions that adversely reflect 
upon the commercial integrity 
[and honesty]HKC of the supplier; 
]HKC,EC,US,SWI,NOR or 
 
(f) failure to pay taxes.  
 
4. Parties, including their procuring entities, 
are encouraged to establish or maintain procedur es 
to declare ineligible for participation in the Party's 
covered procurements,  suppliers that the Party has 
determined to have engaged in fraud or other 
[serious]US,CDA offences [in relation to 
procurement]US. 
  (h) nothing in subparagraphs (a) through 
(g) shall preclude the exclusion of 
any supplier on grounds such as 
bankruptcy or false declarations, 
provided that such an action is 
consistent with the national 
treatment and non -discrimination 
provisions of this Agreement.  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article IX  
Qualification Procedures  
  
[[Registration Systems and Qualification 
Procedures ][Registration and Qualification 
Systems ]EC 
  
1. [A] [Each] 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:  
 Article VIII  
 (g) each Party shall ensure that:  
 
(a) each procuring entity and its 
constituent parts follow a single 
qualification procedure, except i n 
cases of duly substantiated need 
for a different procedure;  and  
   (i) each entity and its 
constituent parts  follow a single 
qualification  procedure, except 
in cases of duly  substantiated need 
for a different  procedure;  and  
 
(b) its procuring entities make efforts 
to minimize differences in their 
qualification procedures and, 
where applicable, registration 
systems. 
   (ii) efforts be made to minimize 
 differences in qualification 
procedures  between entities.  
 
3. A Party, including its procuring entities, 
shall not adopt or apply [any] qualification 
procedure[s] or registration system[s] with the 
purpose or the effect of creating unnecessary 
obstacles to [the participation of foreign suppliers in 
its procurement][market acc ess/international 
trade].]SWI,KOR,US,EC,NOR 
  
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)],EC,SWI (g), (j) and (k) [and 
(l)]CDA,EC,SWI [i]SWI and invite 
suppliers to submit a request for 
participation; and   
 
(b) by the commencement of the 
time-period for tendering, provide 
at least  the information included 
in Artic le VII:2 (c), (d), (e), [(f)] 
CDA,US, and (h) to the qualified 
suppliers that it notifies in 
accordance with Article XI:3(b)].  
 Article  VII 
3. For the purposes of this Agreement:  
 
 ... 
 
 (b) Selective tendering procedures are 
those procedures under which,  
consistent with paragraph 3 of Article 
X and other relevant provisions of 
this Agreement, those suppliers 
invited to do so by the entity may 
submit a tender.  
 
Article  VIII 
... Qualification procedures shall be consistent with the 
following:  
 
 (a) any cond itions for participation in 
tendering procedures shall be 
published in adequate time to enable 
interested suppliers to initiate and, to 
the extent that it is compatible with 
efficient operation of the 
procurement process, complete the 
qualification procedu res; 
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 or, where 
publicly available, in the tender documentation, any 
limitation on the number of suppliers that will be 
permitted to tender and the criteria for such 
limitation.  
 Article VIII  
 (c) the process of, and the time required 
for, qualifying suppliers shall  not be 
used in order to keep suppliers of 
other Parties off a suppliers' list or 
from being considered for a particular 
intended procurement.  Entities shall 
recognize as qualified suppliers such 
domestic suppliers or suppliers of 
other Parties who meet t he 
conditions for participation in a 
particular intended procurement.  
Suppliers requesting to participate in 
a particular intended procurement 
who may not yet be qualified shall 
also be considered, provided there is 
sufficient time to complete the 
qualifi cation procedure;  
 
 Article X  
1. To ensure optimum effective international 
competition under selective tendering procedures, 
entities shall, for each intended procurement, invite 
tenders from the maximum number of domestic 
suppliers and suppliers of other Parties, consistent with 
the efficient operation of the procurement system.  
They shall select the suppliers to participate in the 
procedure in a fair and non -discriminatory manner.  
 
2. Entities maintaining permanent lists of 
qualified suppliers may select suppliers to be invited to 
tender from among those listed.  Any selection shall 
allow for equitable opportunities for suppliers on the 
lists. 
 
 3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
 
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 ma de 
available at the same time to all the qualified 
suppliers selected in accordance with paragraph  5. 
 Article  IX 
5. Entities which use a notice regarding a 
qualification system as an invitation to participate shall 
provide, subject to the considerations r eferred to in 
paragraph 4 of Article  XVIII and in a timely manner, 
information which allows all those who have expressed 
an interest to have a meaningful opportunity to assess 
their interest in participating in the procurement.  This 
information shall incl ude the information contained in 
the notices referred to in paragraphs 6 and 8, to the 
extent such information is available.  Information 
provided to one interested supplier shall be provided in 
a non -discriminatory manner to the other interested 
suppliers . 
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Where a supplier submits a request for 
participation, and all required documents relating 
thereto, within the time -limit provided for in 
Article  XI:2, a procuring entity, [whether or not it 
uses a multi -use list,]EC,SWI,NOR shall examine the 
request and may not exclude the supplier from 
consideration in respect of the procurement on the 
grounds that the procuring entity has insufficient 
time to examine the application[, unless, due to the 
complexity of the procurement, the e ntity is not 
able to complete the examination of the request 
[within the time -period allowed for the submission 
of tenders]US,JPN [before commencement of the 
tendering period]HKC].US,HKC,JPN 
 Article VIII  
 (c) the process of, and the time required 
for, qua lifying suppliers shall not be 
used in order to keep suppliers of 
other Parties off a suppliers' list or 
from being considered for a particular 
intended procurement.  Entities shall 
recognize as qualified suppliers such 
domestic suppliers or suppliers of 
other Parties who meet the 
conditions for participation in a 
particular intended procurement.  
Suppliers requesting to participate in 
a particular intended procurement 
who may not yet be qualified shall 
also be considered, provided there is 
sufficient time to complete the 
qualification procedure;  
 
 Article X  
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient  time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of the procurement system.  
 
 Article  X 
4. Requests to participate in selective tendering 
procedures may be submitted by telex, telegram or 
facsimile.  
 
Multi-Use Lists  
  
8. A procuring entity may maintain a multi -
use list of suppliers, provided that a notice inviting 
interested suppliers to apply for inclusi on on the list 
is: 
 Article  IX 
9. In the case of selective tendering procedures, 
entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the 
publications listed in Appendix  III a notice of the 
following:  
 
 (a) published annually;  or  
  
(b) made available continuously by 
electronic means,  
 
in one of the appropriate media listed in 
Appendix  II. 
  
9. The notice provided for in paragraph 8 shall 
include:  
  
(a) a description of the goods and 
services, or categories thereof, for 
which the list may be used;  
  (a) the enumeration of the lists 
maintained, including their headings, 
in relation to the products or services 
or categories of products or services 
to be procured through the lists;  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) the condition s for participation to 
be satisfied by suppliers and the 
methods that the procuring entity 
will use to verify a supplier's 
satisfaction of the conditions;  
  (b) the conditions to be fulfilled by 
suppliers with a view to their 
inscription on those lists and the 
methods according to which each of 
those conditions will be verified by 
the entity concerned;  and  
 
(c) the name and address of the 
procuring entity and other 
information necessary to contact 
the entity and obtain all relevant 
documents rela ting 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 
 Article IX  
 (c) the period of validity of the lists, and 
the formalities for their renewal.  
 
Article VIII  
 (f) … Qualified suppliers included on 
permanent lists by entities shall also 
be notified of the termination of any 
such lists or of their remova l from 
them;  
 
(e) an indication that the list may be 
used for procurement covered by 
the Agreement.  
 Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered by 
the Agreement.  
 
[10. Notwithstanding paragraph  8, a procuring 
entity may publish the notice referred to in 
paragraph  8 only once, at the beginning of the 
validity of the list, provided that:  
 
(a) the period of validity is three  years 
or less and is stated in the notice;  
and 
 
(b) the notice states that further 
notices will not be published.]EC,NOR 
 Article IX  
9. ... 
 
However, when the duration of the qualification system 
is three years or less, and if the duration of the system 
is made clear in the notice and it is also made clear 
that further notices will not be published, it shall be 
sufficient to publish the notice once only, at the 
beginning of the system.  Such a system shall not be 
used in a manner which circumvents the provisions of 
this Agreement.  
 
11. A procuring entity shall allow suppliers to 
apply at any time for inclusion on a multi -use list 
and shall include on the list all qualified suppliers 
within a reasonably short time.  Article VIII  
 (d) entities maintai ning permanent lists 
of qualified suppliers shall ensure 
that suppliers may apply for 
qualification at any time;  and that all 
qualified suppliers so requesting are 
included in the lists within a 
reasonably short time;  
 
Annex  [2 and]US,CDA 3 Entities  
[NB:  The EC is questioning the need to 
differentiate between Annex  1 and Annex  2 
entities. ] 
  
12. A procuring entity listed in 
Annex  [2 or]US,CDA 3 may use a notice inviting 
suppliers to apply for inclusion on a multi -use list as 
a notice of intended procurement, provided that:  
 Article IX  
3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement as provided for in paragraph 
7, or a notice regarding a qualification system, as 
provided for in paragraph 9, as an invitation to 
partic ipate.  
 
(a) the notice is published in Article IX  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
accordance with paragraph 8 and 
includes the information in 
paragraph  9, 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 notice of 
procurements that are covered by 
the multi -use list]US,JPN,CDA;  [and]US   
 
(b) the entity promptly provides to 
suppliers that have expressed an 
interest to the entity in a given 
procureme nt, 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  
 5. Entities which use a notice regarding a 
qualification system as an invitation to participate shall 
provide, subject to the considerations referred to in 
paragraph 4 of Article  XVIII and in a timely manner, 
information which allows all those who have expressed 
an interest to have a me aningful opportunity to assess 
their interest in participating in the procurement.  This 
information shall include the information contained in 
the notices referred to in paragraphs 6 and 8, to the 
extent such information is available.  Information 
provide d to one interested supplier shall be provided in 
a non -discriminatory manner to the other interested 
suppliers.  
 
9. ... When such a notice is used as an invitation 
to participate in accordance with paragraph 3, the 
notice shall, in addition, include the f ollowing 
information:  
 
 (d) the nature of the products or services 
concerned;  
 
 (e) a statement that the notice 
constitutes an invitation to 
participate.  
 
(c) a supplier having applied for 
inclusion on a multi -use list in 
accordance with paragraph  11 
[shall][may] be allowed to tender 
in a given procurement, if there is 
sufficient time to examine whether 
it satisfies the conditions for 
participation].EC,NOR,JPN 
 Article VIII  
 (c) ... Suppliers requesting to participate 
in a particular intended procurement 
who may not yet be qualified shall 
also be considered, provided there is 
sufficient time to complete the 
qualification procedure;  
 
 ... 
 
 (e) if, after publication of the notice 
under paragraph 1 of Article  IX, a 
supplier not yet qualified requ ests to 
participate in an intended 
procurement, the entity shall 
promptly start procedures for 
qualification;  
 
Article  X 
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, pr ovided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under Articles 
VIII and IX.  The number of additional suppliers 
permitted to participate shall be limited only by the 
efficient operation of th e procurement system.  
 
Information on Procuring Entities’ Decisions  
  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 its 
decision.  
 
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 a 
multi-use list, the entity shall inform the supplier 
and, on request  of the supplier, promptly provide 
the supplier with a written explanation of the 
reasons for its decision.  
 Article VIII  
 (f) any supplier having requested to 
become a qualified supplier shall be 
advised by the entities concerned of 
the decision in this r egard.  Qualified 
suppliers included on permanent lists 
by entities shall also be notified of 
the termination of any such lists or of 
their removal from them;  
 
Article XVIII  
2. Each entity shall, on request from a supplier 
of a Party, promptly provide:  
 
 ... 
 
 (b) pertinent information concerning the 
reasons why the supplier's 
application to qualify was rejected, 
why its existing qualification was 
brought to an end and why it was not 
selected;  ...  
 
 
Article  X 
Technical Specifications and Tender 
Documentation  
Information on Intended Procurements  
  
 
 
 
Technical Specifications  
 Article  VI 
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.  
 1. Technical specifications ... shall not be 
prepared, adopted or applied with a view to, or with 
the effect of, creating unnecessary obstacles to 
internati onal trade.  
 
2. In prescribing the technical specifications 
for the goods or services being procured, a 
procuring entity shall, where appropriate:  
 2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical specification 
in terms of performance and 
functional requirements, rather 
than design or descriptive 
characteristics;  and  
  (a) be in terms of performance rather 
than design or descriptive 
characteristics;  and  
(b) base the technical specificat ion on 
international standards, where 
such exist;  otherwise, on national 
technical regulations, recognized 
national standards, or building 
codes.  
  (b) be based on international standards, 
where such exist;  otherwise, on 
national technical regulations3, 
recognized national standards4, 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 g oods or services that 
demonstrably fulfil the requirements of the 
procurement by including words such as "or 
equivalent" in the tender documentation.  
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity shall not prescribe 
technical specifications that require or refer to a 
particular trademark or trade name, patent, 
copyright, design or type, specific origin, producer 
or supplier, unless there is no other sufficiently 
precise or intelligible way of describing the 
procurement requirements and provided that, in 
such cases, the  entity includes words such as "or 
equivalent" in the tender documentation.  
 3. There shall be no requirement or reference to 
a particular trademark or trade name, patent, design 
or type, specific origin, producer or supplier, unless 
there is no sufficient ly precise or intelligible way of 
describing the procurement requirements and provided 
that words such as "or equivalent" are included 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 commercial interest in the 
procurement.  
 4. Entities shall not seek or accept, in a manner 
which would have the effect of precluding competition, 
advice which may be used in the preparation of 
specifications for a specific procurement from a firm 
that may have a commercial interest in the 
procurement.  
 
6. [For greater certainty, t]US [T]CDA[his Article 
is not intended to preclude a]US,CDA [A]EC,HKC,NOR Party, 
including its procuring entities, [shall not be 
precluded]EC,HKC,NOR from preparing, adopting, or 
applying technical specifications to promote the 
conservation of natural resources or protect the 
environment [provided that such technical 
specifications are consistent with 
paragraphs  1 through  5].JPN,EC,NOR,SWI 
  
 
Tender D ocumentation  
 Article XII  
Tender Documentation  
 
 1. If, in tendering procedures, an entity allows 
tenders to be submitted in several languages, one of 
those languages shall be one of the official languages 
of the WTO.  
 
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 intended procurement, such documentation 
shall include a complete desc ription of:  
 2. Tender documentation provided to suppliers 
shall contain all information necessary to permit them 
to submit responsive tenders, including information 
required to be published in the notice of intended 
procurement, except for paragraph 6(g) of Article  IX, 
and the following:  
 
(a) the procurement, including the 
nature and the quantity of the 
goods or services to be procured 
or, where the quantity is not 
known, the estimated quantity and 
any requirements to be fulfilled, 
including any technical 
specifications, conformity 
certification, plans, drawings, or 
instructional materials;  
  (g) a complete description of the 
products or services required or of 
any requirements including technical 
specifications, conformity certification 
to be ful filled, necessary plans, 
drawings and instructional materials;  
 
(b) any conditions for participation of 
suppliers including a list of 
information and documents that 
suppliers are required to submit in 
connection therewith;  
  (f) any economic and technical 
requirement, financial guarantees 
and information or documents 
required from suppliers;  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) all criteria, including any cost 
factors, to be considered in the 
awarding of the contract, and, 
except where price is the sole 
criterion, the relative importance 
of such criteria;  
  (h) the criteria for awarding the contract, 
including any factors other than price 
that are to be considered in the 
evaluation of tenders and the cost 
elements to be included in evaluating 
tender prices, such as transport, 
insurance and inspection costs, and 
in the case of products or services of 
other Parties, customs duties and 
other import charges, taxes and 
currency of payment;  
 
(d) where the procuring entity will 
conduct the procurement by 
electronic means a ny 
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;  
 [NB:  Canada's approval of this 
subparagraph is dependent on 
the outcome on Article XVI. ] 
  
(f) where there will be a public 
opening of tenders, the date, time 
and place for the opening and, 
where appropriate, the persons 
authorized to be present;  and  
  (e) the persons authorized to be present 
at the opening of tenders and the 
date, time and place of this opening;  
 
(g) any other terms or conditions, 
including terms of payment and 
any limitation on the means by 
which tenders may be submitted, 
e.g. paper or electronic means.  
 
[(h) any delivery date for the goods or 
services being procured.]EC 
 
  (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
  (a) the address of the entity to which 
tenders should be sent;  
 
 (b) the address where requests for 
supplementary information should be 
sent; 
 
 (c) the language or languages in which 
tenders and tendering documents 
must be submitted;  
 
 (d) the closing date and time for receipt 
of tenders and the length of time 
during which any tender should be 
open for acceptance;  
 ... 
 
 (k) in accordance with Article XVII the 
terms and conditions, if any, under 
which tenders from countries not 
Parties to this Agreement, but which 
apply the procedures of that Article, 
will be entertained.  
 
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 
required for production, de -stocking and transport 
of goods from the point of supply or for supply of 
services.  
 Article  XI 
4. Consistent with the entity's own reasonable 
needs, any delivery date shall take into account such 
factors as the complexity of the intended procurement, 
the extent of subcontracting anticipated and the 
realistic time required for production, de -stocking and 
transport of goods  from the points of supply or for 
supply of services.  
 
9. A procuring entity shall promptly:  
 
(a) provide, on request, the tender 
documentation to any supplier 
participating in the procurement;  
and 
 
(b) reply to any reasonable request for 
relevant inform ation by a supplier 
participating in the procurement, 
provided that such information 
does not give that supplier an 
advantage over its competitors in 
the procurement.  
 Article XII  
Forwarding of Tender Documentation by the Entities  
3. (a) In open procedures, entities shall 
forward the tender documentation at 
the request of any supplier 
participating in the procedure, and 
shall reply promptly to any 
reasonable request for explanations 
relating thereto.  
 
 (b) In selective procedures, entities shall 
forward the tender documentation at 
the request of any supplier 
requesting to participate, and shall 
reply promptly to any reasonable 
request for explanations relating 
thereto.  
 
 (c) Entities shall reply promptly to any 
reasonable request for relevant 
information submitted by a supplier 
participating in the tendering 
procedure, on condition that such 
information does not give that 
supplier an advantage over its 
competitors in the procedure for the 
award of the contract.  
 
Modifications  
  
10. Where, prior to the award of a contract, a Article IX  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
procuring entity modifies the criteria or technical 
requirements set out in a notice or tender 
documentation provided to participating suppliers, 
or amends or reissues a notice or tender 
documentation, it shall transmit in writing all such 
modifications or amended or re -issued notice or 
tender documentation:  
 
(a) to all the suppliers that are 
participating at the time the 
information is amended, if known, 
and in all other cases, in the same 
manner as the original 
informat ion;  and  
 
(b) in adequate time to allow such 
suppliers to modify and re -submit 
amended tenders, as appropriate.  
 10. If, after publication of an invitation to 
participate in any case of intended procurement, but 
before the time set for opening or receipt of tenders as 
specified in the notices or the tender documentation, it 
becomes necessary to amend or re -issue the notice, 
the amendment or the re -issued notice shall be given 
the same circulation as the original documents upon 
which the amendment is based.  Any significant 
information given to one supplier with respect to a 
particular intended procurement shall be given 
simultaneously to all other suppliers concerned in 
adequate time to permit the suppliers to consider such 
information an d to respond to it.  
 
Article  XIV 
4. Entities shall not, in the course of 
negotiations, discriminate between different suppliers. 
In particular, they shall ensure that:  
 
 ... 
 
 (b) all modifications to the criteria and to 
the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 
 
Article  XI 
Time -Periods  
 
[NB:  The EC's approval of this Article is 
dependent on the outcome on electronic 
provisions. ] 
  
Article  XI 
Time-limits for Tendering and Delivery  
 
General  
 General  
 
1. A procuring entity shall, consistent with its 
own reasonable needs, provide sufficient time for 
suppliers to prepare and submit requests for 
participation and responsive tenders, taking into 
account such factors as:  
 
 (a) the nature and complexity of the 
procurement;  
 
 (b) the 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.  
 1. (a) Any prescribed time -limit shall be 
adequate to allow suppliers of other 
Parties as well as domestic suppliers 
to prepare and submit tenders 
before the closing of the tendering 
procedures.  In determining any 
such time -limit, entities shall, 
consistent with their own reasonable 
needs, take into account such 
factors as the complexity of the 
intended procurement, the extent of 
subcontracting anticipated and  the 
normal time for transmitting tenders 
by mail from foreign as well as 
domestic points.  
 
 1. (b) Each Party shall ensure that its 
entities shall take due account of 
publication delays when setting the 
final date for receipt of tenders or of 
application s to be invited to tender.  
 
Deadlines  Deadlines  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
  
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 state of urgency duly substantiated by the 
procuring entity renders this time -period 
impracticable, the time -period may be reduced to 
not less than 10  days.  
 2. Except in so far as provided in paragraph 3,  
 
 [...] 
 
 (b) in selective procedures not involving 
the use of a permanent list of 
qualified suppliers, the period for 
submitting an application to be 
invited to tender shall not be less 
than 25 days from the date of 
publication re ferred to in 
paragraph  1 of Article  IX;  the 
period for receipt of tenders shall in 
no case be less than 40  days from 
the date of issuance of the invitation 
to tender;  
 
 
3. Except as provided for in paragraphs  4 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) the notice of intended procurement 
is published [and the tender 
documentation is 
available]KOR,SWI,HKC;  or 
 2. Except in so far as prov ided in paragraph 3,  
 
 (a) in open procedures, the period for 
the receipt of tenders shall not be 
less than 40 days from the date of 
publication referred to in paragraph  1 
of Article  IX; 
 
(b) the entity notifies suppliers that 
they will be invited to submit 
tenders, whether or not it uses a 
multi-use list.  
  (b) in selective procedures not involving 
the use of a permanent list of 
qualified suppliers, the period for 
submitting an application to be 
invited to tender shall not be less 
than 25 days from th e date of 
publication referred to in 
paragraph  1 of Article  IX;  the 
period for receipt of tenders shall in 
no case be less than 40  days from 
the date of issuance of the invitation 
to tender;  
 
(c) in selective procedures involving the 
use of a permanent list of qualified 
suppliers, the period for receipt of 
tenders shall not be less than 40 
days from the date of the initial 
issuance of invitations to tender, 
whether or not the date of initial 
issuance of invitations to tender 
coincides with the date of the 
publication referred to in paragraph  1 
of Article  IX. 
 
4. A procuring entity may reduce the time -
period for tendering set out in paragraph  3 to not 
less than 10  days where:  3. The periods referred to in paragraph 2 may be 
reduced in the circum stances set out below:  
 
 (a) ... the 40 -day limit for receipt of 
tenders may be replaced by a period 
sufficiently long to enable responsive 
tendering, which, as a general rule, 
shall not be less than 24 days, but in 
any case not less than 10 days;  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 contains:  
 
(i) a description of the 
procurem ent; 
 
(ii) the approximate time-
limits for the submission 
of tenders or requests for 
participation;  
 
(iii) a statement that 
interested suppliers 
should express their 
interest in the 
procurement to the 
procuring entity;  
 
(iv) the address from which 
document s relating to the 
procurement 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;  
 3. (a) if a separate notice has been 
published 40 days and not more 
than 12 m onths in advance and the 
notice contains at least:  
 
(i) as much of the information 
referred to in paragraph 6 of 
Article  IX as is available;  
 
(ii) the information referred to in 
paragraph 8 of Article  IX; 
 
(iii) a statement that interested 
suppliers should express their 
interest in the procurement to 
the entity;  and  
 
(iv) a contact point with the entity 
from which further information 
may be obtained,  
 
... 
 
[(b) the procuring entity publishes a 
second or subsequent notice 
relating to contracts of a recurring 
nature;]CDA  or 
 3. (b) in the case of the second or 
subsequent publications dealing with 
contracts of a recurring nature within 
the meaning of paragraph 6 of 
Article  IX, the 40 -day limit for receipt 
of tenders may be reduced to not 
less than 24 days;  
 
(b)/(c)  a state of urgency duly 
substantiated by the procuring 
entity renders such time -period 
impracticable.  
 
 3. (c) where a state of urgency duly 
substantiated by the entity renders 
impracticable the periods in question, 
the periods specified in paragraph  2 
may be reduced but shall in no case 
be less than 10  days from the date of 
the publication referred to in 
paragraph  1 of Article  IX;  or  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. A procuring entity may reduce the time -
period for tendering set out in paragraph  3 by 
five days for each one of the following 
circumstances:  
 
(a) the notice of intended procurement 
is published by electronic means;  
 
(b) all the tender documentation is 
made available by electronic means 
from the date of the publication of 
the notice of intended 
procurement;  and  
 
(c) the tenders can be received by 
electronic means by the procuring 
entity.  
  
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 
commercial goods or services, it m ay reduce the 
time-period for tendering set out in paragraph  3 to 
not less than [15]EC,US,JPN,NOR [10]CDA days, provided 
that it publishes by electronic means, at the same 
time, both the notice of intended procurement and 
the complete tender documentation.   Where the 
entity also accepts tenders for commercial goods 
and services by electronic means, it may reduce the 
tendering period set out in paragraph  3 to not less 
than [10]EC,US,JPN,NOR [3]CDA days.  
  
8. Where a procuring entity in 
Annex  [2 or]US,CDA 3 has selected all or a limited 
number of qualified suppliers, the time -period for 
tendering may be fixed by mutual agreement 
between the procuring entity and the selected 
suppliers.  In the absence of agreement, the period 
shall not be less than 10  days.  
 3. (d) the period referred to in 
paragraph  2(c) may, for 
procurements by entities listed in 
Annexes  2 and 3, be fixed by mutual 
agreement between the entity and 
the selected suppliers.  In the 
absence of agreement, the entity 
may fix pe riods which shall be 
sufficiently long to enable responsive 
tendering and shall in any case not 
be less than 10 days.  
 
 
Article  XII 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. [A] [Each] Party may provide for its 
procuring entities to conduct negotiations:  
 1. A Party may provide for entities to conduct  
negotiations:  
 
(a) in the context of procurements in 
which they have indicated such 
intent in the notice of intended 
procurement in paragraph  2 of 
Article  VII;  or  
 (a) in the context of procurements in 
which they have indicated such 
intent, namely in the notice referred 
to in paragraph 2 of Article IX (the 
invitation to suppliers to participate 
in the procedure for the proposed 
procurement);  or  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) where it appears from the 
evaluation that no one tender is 
obviously the most advantageous 
in terms of the specific evaluation 
criteria set forth in the notices or 
tender documentation.  
 (b) when it appears from evaluation that 
no one tender is obviously the most 
advantageous in te rms of the 
specific evaluation criteria set forth 
in the notices or tender 
documentation.  
 2. Negotiations shall primarily be used to identify 
the strengths and weaknesses in tenders.  
 
3. Entities shall treat tenders in confidence. In 
particular, they sha ll not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
 
2. A procuring entity shall:  
 
(a) ensure that any elimination of 
tenderers in negotiations is carried 
out in accordance with the 
evaluation  criteria set out in the 
notices or tender documentation;  
and 
 
 4. Entities shall not, in the course of 
negotiations, discriminate between different s uppliers.  
In particular, they shall ensure that:  
 
 (a) any elimination of participants is 
carried out in accordance with the 
criteria set forth in the notices and 
tender documentation;  
 
  (b) all modifications to the criteria and 
to the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 
 (c) all remaining participants are 
afforded an opportunity to submit 
new or amended submissions on the 
basis of the revised requirements;  
and 
 
 (b) when negotiations are concluded, 
provide a common deadline for the 
remaining tenderers to submit any 
new or revised tenders.  
 
  (d) when negotiations are concluded, all 
participants remaining in the 
negotiations shall be permitted to 
submit final tenders i n accordance 
with a common deadline.  
 
 
Article  XIII 
Limited Tendering  
  
Article  XV 
Limited Tendering  
 
1. Provided that it does not use this provision 
for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against 
suppliers of the other Parties, or that protects 
domestic suppliers, a procuring entity may use a 
limited tendering [procedure] and may choose not 
to apply Articles  [VII, XI, X (paragraphs 6 and 7 
through 9), VIII, IX, XII, and XV (paragraphs 
1 and 3 throu gh 9)]US,CDA,JPN only under the following 
circumstances:  
 
 1. The provisions of Articles  VII through XIV 
governing open and selective tendering procedures 
need not apply in the following conditions, provided 
that limited tendering is not used with a view to 
avoiding maximum possible competition or in a 
manner which would constitute a means of 
discrimination among suppliers of other Parties or 
protection to domestic producers or suppliers:  
 
Article VII  
3. For the purposes of this Agreement:  
 
(c) Limite d tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) provided that the requirements of 
the tender documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted or no suppliers 
applied to meet the 
conditions for 
participation;  
 
(ii) where no tenders that 
conform to the essential 
requirements of the 
tender documentation 
were submitted;  
 
(iii) where no suppliers 
satisfied the conditions for 
participation;  or  
 
(iv) where the tenders 
submitted have been 
collusive;  
 Article XV:1  
 (a) in the absence of tenders in response 
to an open or selective tender, or 
when the tenders submitted have 
been collusive, or not in conformity 
with the essential requ irements in 
the tender, or from suppliers who do 
not comply with the conditions for 
participation provided for in 
accordance with this Agreement, on 
condition, however, that the 
requirements of the initial tender are 
not substantially modified in the 
contract as awarded;  
 
(b) where the goods or services can be 
supplied only by a particular 
supplier and no reasonable 
alternative or substitute goods or 
services exist for the following 
reasons:  
 
(i) the requirement is for a 
work of art;  
 
(ii) the protection of patents, 
copyrights or other 
exclusive rights[, or 
proprietary 
information]US,CDA,JPN;  or 
 [NB:  The EC and 
Switzerland are 
wondering what is the 
extent or definition of 
proprietary 
information. ] 
 
(iii) due to an absence of 
competition for t echnical 
reasons;  
  (b) when, for works of art or for reasons 
connected with protection of 
exclusive rights, such as patents or 
copyrights, or in the absence of 
competition for technical reasons, the 
products or services can be supplied 
only by a particula r supplier and no 
reasonable alternative or substitute 
exists;  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(c) for additional deliveries of goods or 
services by the original supplier 
that are intended either as 
replacement parts, extensions, or 
continuing services for existing 
equipment, software, services or 
installations, where a change of 
supplier would compel the entity to 
procure goods or services that do 
not meet requirements of 
interchangeability or 
interoperability with existing 
equipment, software, services, or 
installa tions;  [that would:  
 
(i) alter the operation or use 
of the existing goods or 
services;  or  
 
(ii) due to the change of 
goods or services, require 
existing equipment or 
services  to be 
altered;]CDA]CDA,EC,US  
  (d) for additional deliveries by the 
original supplier which are intended 
either as parts replacement for 
existing supplies, or installations, or 
as the extension of existing supplies, 
services, or installations where a 
change of supplier would compel the 
entity to procure equipment or 
servic es not meeting requirements of 
interchangeability with already 
existing equipment or services5; 
 
Footnote  
5. It is the understanding that "existing 
equipment" includes software to the extent that the 
initial procurement of the software was covered by the 
Agreement.  
 
[(cbis) 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 can not 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]EC[and]CDA substantial 
duplication of costs to the 
procuring 
entity.]EC,SWI,US,CDA 
[NB:  Subparagraph ( cbis) would also 
replace (g). ] 
  
(d) insofar as is strictly necessary 
where, for reasons of extreme 
urgency brought about by events 
unforeseeable by the procuring 
entity, the goods or services could 
not be obtained in time under 
tendering procedures consistent 
with Articles  [ ]; 
  (c) in so far as is strictly necessary 
when, for reasons of extreme 
urgency brought about by events 
unfore seeable by the entity, the 
products or services could not be 
obtained in time by means of open or 
selective tendering procedures;  
 
(e) for goods purchased on a 
commodity market;  
  (h) for products purchased on a 
commodity market;  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) where a procuring entity procures 
a prototype or a first good or 
service that is developed at its 
request in the course of, and for, a 
particular contract for research, 
experiment, study or original 
development.  Original 
development of a first good or 
service may  include limited 
production or supply in order to 
incorporate the results of field 
testing and to demonstrate that 
the good or service is suitable for 
production or supply in quantity to 
acceptable quality standards, but 
does not include quantity 
productio n or supply to establish 
commercial viability or to recover 
research and development costs;   (e) when an entity procures prototypes 
or a first product or service which are 
developed at its request in the 
course of, and for, a particular 
contract for resear ch, experiment, 
study or original development.  When 
such contracts have been fulfilled, 
subsequent procurements of 
products or services shall be subject 
to Articles  VII through XIV6; 
 
Footnote  
6. Original development of a first product or 
service may include limited production or supply in 
order to incorporate the results of field testing and to 
demonstrate that the product or service is suitable for 
production or supply in quantity to acceptable quality 
standards.  It does not extend to quantity produ ction 
or supply to establish commercial viability or to recover 
research and development costs.  
 
[(g) where additional 
[construction]JPN,CDA,US,KOR services 
which were not included in the 
initial procurement but which were 
within the objectives of the ori ginal 
tender documentation have, 
through unforeseeable 
circumstances, become necessary 
to complete the services described 
therein, and the entity needs to 
award contracts for the additional 
services to the contractor carrying 
out the services concerned sin ce 
the separation of the additional 
services from the initial 
procurement would be difficult for 
technical or economic reasons and 
cause significant inconvenience to 
the procuring entity.  However, the 
total value of contracts awarded 
for the additional se rvices may not 
exceed 50  per cent of the amount 
of the main procurement;]  
  (f) when additional construction services 
which were not included in the initial 
contract but which were within the 
objectives of the original tender 
documentation have, through 
unforeseeable circumstances, 
become necessary to complete the 
construction services described 
therein, and the entity needs to 
award contracts for the additional 
construction services to the 
contractor carrying out the 
construction services concern ed since 
the separation of the additional 
construction services from the initial 
contract would be difficult for 
technical or economic reasons and 
cause significant inconvenience to 
the entity.  However, the total value 
of contracts awarded for the 
additio nal construction services may 
not exceed 50  per cent of the 
amount of the main contract;  
 
(h) for new [construction]JPN,CDA,US,KOR 
services consisting of the repetition 
of similar services which conform 
to a basic project for which an 
initial contract was  awarded 
following an open or selective 
procurement method and for which 
the procuring entity has indicated 
in the notice of intended 
procurement concerning the initial 
service, that a limited procurement 
method might be used in awarding 
contracts for such  new services;  
 [NB:  Switzerland;  Hong Kong, 
China;  Norway;  and the EC 
question why this should be 
limited to construction. ] 
  (g) for new construction services 
consisting of the repetition of similar 
construction services which conform 
to a basic proj ect for which an initial 
contract was awarded in accordance 
with Articles  VII through XIV and for 
which the entity has indicated in the 
notice of intended procurement 
concerning the initial construction 
service, that limited tendering 
procedures might be u sed in 
awarding contracts for such new 
construction services;  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term in the case of 
unusual disposals such as arising 
from liquidation, receivership or 
bankruptcy and not for routine 
purchases from regular suppliers;  
and   (i) for purchases made under 
exceptionally advantageous 
conditions which only arise in the 
very short term.  This provision is 
intended to cover unusual disposals 
by firms which are not normally 
suppliers, or disposal of assets of 
businesses in liquidati on or 
receivership.  It is not intended to 
cover routine purchases from regular 
suppliers;  
 
(j) in the case of a contract awarded 
to a winner of a design contest 
provided that:  
 
(i) the contest has been 
organized in a manner 
that is consistent with the 
principles of the 
Agreement, notably as 
regards the publication of 
a notice of intended 
procurement;  and  
 
(ii) the participants are 
judged by an independent 
jury with a view to a 
design contract being 
awarded to a winner.  
  (j) in the case of contracts aw arded to 
the winner of a design contest 
provided that the contest has been 
organized in a manner which is 
consistent with the principles of this 
Agreement, notably as regards the 
publication, in the sense of Article  IX, 
of an invitation to suitably qualifi ed 
suppliers, to participate in such a 
contest which shall be judged by an 
independent jury with a view to 
design contracts being awarded to 
the winners.  
 
2. A procuring entity shall prepare a report in 
writing on each contract awarded under 
paragraph  1.  Each such report shall include the 
name of the procuring entity, the value and kind of 
goods or services procured and a statement 
indicating the circumstances and conditions 
described in paragraph  1 that justified the use of 
such procedures.  2. Entities s hall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph  1.  Each report shall contain the name of 
the procuring entity, value and kind of goods or 
services procured, country of origin, and a statement 
of the conditions i n this Article which prevailed.  This 
report shall remain with the entities concerned at the 
disposal of the government authorities responsible for 
the entity in order that it may be used if required 
under the procedures of Articles  XVIII, XIX, XX and 
XXII. 
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
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]CDA,US,ISR,HKC,KOR[the]EC 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.  
[NB: Canada's approval of this paragraph is 
dependent on the outcome on electronic 
provisions. ] 
 Article XXIV  
8. Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in the 
Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in particular aim 
to ensure that the use of information technology  
promotes the aims of open, non -discriminatory and 
efficient government procurement through transparent 
procedures, that contracts covered under the 
Agreement are clearly identified and that all available 
information relating to a particular contract can b e 
identified.  When a Party intends to innovate, it shall 
endeavour to take into account the views expressed by 
other Parties regarding any potential problems.  
 
 
Article  XV 
Treatment of Tenders and Contract Awards  
  
Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
 
Treatment of Tenders  Opening of Tenders  
 
1. A procuring entity shall receive, open, and 
treat all tenders under procedures that guarantee 
the fairness and impartiality of the procureme nt 
process, and the confidentiality of tenders.  
 3. All tenders solicited under open or selective 
procedures by entities shall be received and opened 
under procedures and conditions guaranteeing the 
regularity of the openings.  The receipt and opening of 
tenders shall also be consistent with the national 
treatment and non -discrimination provisions of this 
Agreement.  Information on the opening of tenders 
shall remain with the entity concerned at the disposal 
of the government authorities responsible for the  
entity in order that it may be used if required under 
the procedures of Articles  XVIII, XIX, XX  and XXII.  
 
Article XIV  
3. Entities shall treat tenders in confidence.  In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
 GPA/TN1994/4/Rev.11  
 
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2. A procuring entity shall not penalize any 
supplier whose tender is received after the time 
specified for receiving tenders if the delay is due 
solely to mishandling on the part of the procuring 
entity.  
 
 Article XIII  
Receipt of Tenders  
2. A supplier shall not be penalized if a tender is 
received in the office designated in the tender 
documentation after the time specified because of 
delay due solely to mishandling on the part of the 
entity.  Tenders may also be considered in other 
exceptional circumstances if the procedures of the 
entity concerned so provide.  
 
3. When a procuring entity provides suppliers 
with opportunities to correct unintentional errors of 
form between the opening of tenders and the 
awarding of the contract, the procuring entity shall 
provide the same opportunities to all participating 
suppliers.  
 1. (b) the opportunities that may be given 
to tenderers to correct unin tentional 
errors of form between the opening 
of tenders and the awarding of the 
contract shall not be permitted to 
give rise to any discriminatory 
practice.  
 
Awarding of Contracts  
 
4. To be considered for award, a tender must 
be in writing and must, at the time of opening, 
comply with the essential requirements of the 
notices and tender documentation and be from a 
supplier that satisfies the conditions for 
participation.  
 1. The submission, receipt and opening of 
tenders and awarding of contracts shall b e consistent 
with the following:  
 
 (a) tenders shall normally be submitted 
in writing directly or by mail.  If 
tenders by telex, telegram or 
facsimile are permitted, the tender 
made thereby must include all the 
information necessary for the 
evaluation of t he tender, in particular 
the definitive price proposed by the 
tenderer and a statement that the 
tenderer agrees to all the terms, 
conditions and provisions of the 
invitation to tender.  The tender 
must be confirmed promptly by letter 
or by the despatch of a signed copy 
of the telex, telegram or facsimile.  
Tenders presented by telephone shall 
not be permitted.  The content of the 
telex, telegram or facsimile shall 
prevail where there is a difference or 
conflict between that content and 
any documentation rec eived after the 
time-limit;  and  
 
Award of Contracts  
4. (a) To be considered for award, a tender 
must, at the time of opening, conform 
to the essential requirements of the 
notices or tender documentation and 
be from a supplier which complies 
with the condi tions for participation.  
... 
 
 (c) Awards shall be made in accordance 
with the criteria and essential 
requirements specified in the tender 
documentation.  
 
5. A procuring entity shall not use option 
clauses in a manner that circumvents the provisions 
of the Agreement.  
 
 5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
 GPA/TN1994/4/Rev.11  
 
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[6. Unless a procuring entity determines that it 
is not in the public interest to award a contract, 
it shall award the contr act to the supplier that the 
entity has determined, based solely on the 
[requirements/conditions for participation and] 
evaluation criteria specified in the notices and 
tender documentation:  
 
(a) is fully capable of undertaking the 
contract;  and  
 
(b) has submitted the most 
advantageous tender, or where 
price is the sole criterion, the 
lowest price.]US,CDA 
 
[6bis. A procuring entity  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 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.]EC,NOR 
 
[7. Where a contract will be awarded to the 
most advantageous tender, evaluation criteria shall 
be linked to the subject matter of the procurement 
in questi on, and may include quality, price, technical 
merit, aesthetic and functional characteristics, 
environmental characteristics, running costs, cost 
effectiveness, after -sales service and technical 
assistance, delivery date and delivery period or 
period of co mpletion.]EC 
 4. (b) Unless in the public interest an entity 
decides not to issue the contract, the 
entity shall make the award to the 
tenderer who has been determined 
to be fully capable of undertaking the 
contract and whose tender, whether 
for domestic p roducts or services, or 
products or services of other Parties, 
is either the lowest tender or the 
tender which in terms of the specific 
evaluation criteria set forth in the 
notices or tender documentation is 
determined to be the most 
advantageous.  
 
7./8. Where a procuring entity receives a tender 
with a price that is abnormally lower than the prices 
in other tenders submitted, it may verify with the 
tenderer that it can comply with the conditions of 
participation and be capable of fulfilling the term s of 
the contract.  
 4. (a) ... If an entity has received a tender 
abnormally lower than other tenders submitted, it may 
enquire with the tenderer to ensure that it can comply 
with the conditions of participation and be capable of 
fulfilling the terms of th e contract.  
 
8./9. A procuring entity shall not cancel a 
procurement or modify awarded contracts in a 
manner that circumvents the obligations of the 
Agreement.  
  
 
Article  XVI 
Transparency of Procurement Information  
  
Article XVIII  
Information and Review as Regards Obligations of 
Entities  
 
Information Provided to Suppliers  
  GPA/TN1994/4/Rev.11  
 
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1. A procuring entity shall promptly inform 
participating suppliers of 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 relative advantages of the successful 
supplier's tender.  
 
 3. Entities shall promptly inform participating 
suppliers of decisions on contract awards and, upon 
request, in writing.  
 
2. Each entity shall, on request from a supplier 
of a Party, promptly provide:  
 
 ... 
 
 (c) to an unsuccessful tenderer, 
pertinent information concerning the 
reasons why  its tender was not 
selected and on the characteristics 
and relative advantages of the tender 
selected as well as the name of the 
winning tenderer.  
 
 
Publication of Award Information  
  
2. Not later than 72  days after the award of 
each contract covered by the Agreement, a 
procuring entity shall publish a notice in an officially 
designated publication listed in Appendix  II that may 
be in an electronic or paper medium.  Where only an 
electronic medium is used, the information shall 
remain readily a ccessible for a reasonable period of 
time.  The notice shall include at least the following 
information:  
 1. Entities shall publish a notice in the 
appropriate publication listed in Appendix II not later 
than 72 days after the award of each contract under 
Articles  XIII through XV.  These notices shall contain:  
(a) a description of the goods or 
services procured;  
  (a) the nature and quantity of products 
or services in the contract award;  
 
(b) the name and address of the 
procuring entity;  
  (b) the name and address of the entity 
awarding the contract;  
 
(c) the name and address of the 
successful supplier;  
  (d) the name and address of winning 
tenderer;  
(d) the value of the successful tender 
or the highest and lowest offers 
taken into account in the award of 
the contract;  
  (e) the value of the winning award or the 
highest and lowest offer taken into 
account in the award of the contract;  
(e) the date of award;  and  
  (c) the date of award;  
(f) the type of procurement method 
used, and in cases wh ere limited 
tendering was used pursuant to 
Article  [XIII (Limited Tendering) ], 
a description of the circumstances 
justifying the use of such 
procedure.  
  (f) where appropriate, means of 
identifying the notice issued under 
paragraph 1 of Article  IX or 
justification according to Article  XV 
for the use of such procedure;  and  
 
 (g) the type of procedure used.  
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Maintenance of Documentation, Reports, and 
Electronic Traceability  
  
3. Each procuring entity shall, for a period of 
at least three  years from the award of the contract:  
 
(a) maintain documentation and 
reports of tendering procedures 
and contract awards relating to 
covered procurement, including 
the reports provided for in 
Article  [XIII (Limited Tendering)];  
and 
 
(b) maintain da ta that ensure the 
appropriate traceability of the 
conduct of covered procurement 
by electronic means.  Article XX  
4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by this Agreement shall b e 
retained for three years.  
 
Article XV  
2. Entities shall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph 1. Each report shall contain the name of the 
procuring entity, value and kind of goods or services 
procured, co untry of origin, and a statement of the 
conditions in this Article which prevailed.  This report 
shall remain with the entities concerned at the disposal 
of the government authorities responsible for the entity 
in order that it may be used if required unde r the 
procedures of Articles XVIII, XIX, XX and XXII.  
 
Collection and Report of Statistics  
  
4. Each Party shall collect and report to the 
Committee statistics on its contracts covered by the 
Agreement.  Each report shall cover one  year and be 
submitted within two  years of the end of the 
reporting period, and shall contain:  Article XIX  
5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement.  Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) for Annex  1 procuring entities:  
 
(i) the number and total 
value, for all such entities, 
of contracts covered by 
the Agreement;  
 
(ii) the number and total 
value of all contracts 
covered by the Agreement 
awarded by such entities, 
broken down by 
[categories of] CDA,JPN,HKC,SWI 
goods and services 
according to a[n 
internationally 
recognized]CDA,US,JPN,HKC 
uniform classificat ion 
system;  and  
 
(iii) the number and total 
value of contracts covered 
by the Agreement 
awarded by each such 
entity under limited 
tendering;  
 (a) for entities in Annex  1, statistics on 
the estimated value of contracts 
awarded, both above and below the 
threshold value, on a global basis and 
broken down by entities;  ...; 
 
(b) for entities in Annex  1, statistics on 
the number and total value of 
contracts awarded above the 
threshold value, broken down by 
entities and categories of products 
and services accord ing to uniform 
classification systems;   ...; 
 
(c) for entities in Annex  1, statistics, 
broken down by entity and by 
categories of products and services, 
on the number and total value of 
contracts awarded under each of the 
cases of Article  XV;  ...;  and  
 
(d) for entities in Annex  1, statistics, 
broken down by entities, on the 
number and total value of contracts 
awarded under derogations to the 
Agreement contained in the relevant 
Annexes ;  ... . 
 GPA/TN1994/4/Rev.11  
 
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(b) for Annex  2 and 3 procuring 
entities, the number and total 
value of contracts covered by the 
Agreement awarded by all such 
entities, broken down by Annex;  
and 
 5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement.  Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) ... for entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value o n a global basis and 
broken down by categories of entities;  
 
(b) ... for entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value broken down by 
categories of entities and categories 
of products and services;  
 
(c) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
above the threshold value under each 
of the cases of Article  XV;  and  
 
 (d) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded under 
derogations to the Agreement 
contained in the relevant Annexes.  
(c) where data to be provided under 
subparagraph  [(a) and]EC,US,NOR,SWI,K
OR (b) are not available, estimates 
shall be provided.   
 5. ... To the extent that such information is 
available, each Party shall provide statistics on the 
country of origin of products and services purchased by 
its entities.  With a view to ensuring that such statistics 
are comparable, the Committ ee shall provide guidance 
on methods to be used.  With a view to ensuring 
effective monitoring of procurement covered by this 
Agreement, the Committee may decide unanimously to 
modify the requirements of subparagraphs (a) through 
(d) as regards the nature and the extent of statistical 
information to be provided and the breakdowns and 
classifications to be used.  
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.   
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 form permitting analysis of the covered contracts, 
the Party may substitute a notification of the 
website address for the submission of the data, with 
any instructions necessary to access and use such  
data. 
  GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XVII 
Disclosure of Information  
  
Provision of Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
 
1. On request of any other Party, a Party shall 
provide promptly any information necessary to 
determine whether the procurement was conducted 
fairly, impartially and in accordance with the 
Agreement, including information on the 
characteristics and relative advantages of the 
successful tender.  In cases where release of this 
informatio n would prejudice competition in future 
tenders, the Party that receives that information 
shall not disclose it to any supplier, except after 
consultation with, and agreement of, the Party that 
provided the information.  
 2. The government of an unsuccessfu l tenderer 
which is a Party to this Agreement may seek, without 
prejudice to the provisions under Article  XXII, such 
additional information on the contract award as may 
be necessary to ensure that the procurement was 
made fairly and impartially.  To this e nd, the procuring 
government shall provide information on both the 
characteristics and relative advantages of the winning 
tender and the contract price.  Normally this latter 
information may be disclosed by the government of the 
unsuccessful tenderer provi ded it exercises this right 
with discretion.  In cases where release of this 
information would prejudice competition in future 
tenders, this information shall not be disclosed except 
after consultation with and agreement of the Party 
which gave the informa tion to the government of the 
unsuccessful tenderer.  
 
3. Available information concerning procurement 
by covered entities and their individual contract awards 
shall be provided, upon request, to any other Party.  
 
Non-Disclosure of Information  
 
2. Notwithstanding any other provision of the 
Agreement, a Party, including its procuring entities, 
may not provide information to a particular supplier 
that might prejudice fair competition between 
suppliers.  
 Article VII  
2. Entities shall not provide to any  supplier 
information with regard to a specific procurement in a 
manner which would have the effect of precluding 
competition.  
 
Article XIV  
3. Entities shall treat tenders in confidence. In 
particular, they shall not provide information intended 
to assist particular participants to bring their tenders 
up to the level of other participants.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Nothing in the Agreement shall be 
construed to require a Party, including its procuring 
entities, authorities, and review bodies, to release 
confidential information under the Agreement where 
release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice f air competition 
between suppliers;  
 
(c) would prejudice the legitimate 
commercial interests, including the 
protection of intellectual property, 
of particular persons;  or  
 
(d) would otherwise be contrary to the 
public interest.  
 
[4. Information subject to paragraph  3 shall be 
made available to [the exclusive use by]HKC an 
authority or review body under Article  XVIII or a 
panel under Article  XX where it is determined by the 
authority, review body or panel that such 
information is necessary for it to decide the outcome 
of a challenge or a dispute.  Any information 
subsequently made available pursuant to this 
paragraph shall be subject to procedures to ensure 
that its confidentiality is preserved.  If a Party 
refuses to provide such information, the authority, 
review body or panel may draw adverse inferences 
from this refusal.]EC 
[NB: The US and Canada cannot support this 
paragraph as it would override the 
confidentiality provisions in this Agreement 
and give inappropriate rights to the review 
body in  relation to the withholding of 
information. ] 
 Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest of particu lar 
enterprises, public or private, or might prejudice fair 
competition between suppliers shall not be revealed 
without formal authorization from the party providing 
the information.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
 
 
Article  XVII I 
Domestic Review Procedures for Supplier 
Challenges  
  
Article XX  
Challenge Procedures  
1. Each Party shall provide a timely, effective, 
transparent, and non -discriminatory administrative 
or judicial review procedure through which a 
supplier may challenge[:  
 
(a)]US,CDAa breach of the Agreement;  [or  
 
(b) where the supplier does not have 
a right to challenge a breach of 
the Agreement under the domestic 
law of a Party, a failure to comply 
with a Party's measures 
implementing the 
Agreement,]US,CDA 
 
arising in the context of a covered procurement, in 
which it has, or has had, an interest.  The 
procedural rules for all  challenges  shall be in writing 
and made generally available.  
 Challenge  
2. Each Party shall provide non -discriminatory, 
timely, transparent and effective procedures enabling 
suppliers to challenge alleged breaches of the 
Agreement arising in the context of procureme nts in 
which they have, or have had, an interest.  
 
 
 
 
 
 
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
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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 the Agreement [or, 
where the supplier does not have a right to 
challenge a breach of the Agreement under the 
domestic law of a Party, a failure to comply with a  
Party's measures implementing the 
Agreement]US,CDA, each Party shall encourage the 
procuring entity and supplier to seek resolution of 
the complaint through consultations.  The procuring 
entity shall accord impartial and timely consideration 
to any such c omplaint in a manner that is prejudicial 
neither to the supplier's participation in ongoing or 
future procurement nor to the supplier's rights to 
seek corrective measures under the administrative 
or judicial review procedure.  
 Consultations  
1. In the event of a complaint by a supplier that 
there has been a breach of this Agreement in the 
context of a procurement, each Party shall encourage 
the supplier to seek resolution of its complaint in 
consultation with the procuring entity. In such 
instances the procuring entity shall accord impartial 
and timely consideration to any such complaint, in a 
manner that is not prejudicial to obtaining corrective 
measures under the challenge system.  
 
3. Each supplier shall be allowed a sufficient 
period of time to prep are 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.  
 5. The interested supplier may be required to 
initiate a challenge procedure and notify the procuring 
entity within specified time -limits from the time when 
the basis of the complaint is known or reasonably 
should have been known, but in no case within a 
period of less than 10 days.  
 
4. Each Party shall establi sh or designate at 
least one impartial administrative or judicial 
authority that is independent of its procuring entities 
to receive and review a challenge of a supplier 
arising in the context of a covered procurement.  
 6. Challenges shall be heard by a co urt or by an 
impartial and independent review body with no interest 
in the outcome of the procurement and the members 
of which are secure from external influence during the 
term of appointment. ...  
 
5. Where a body other than an authority 
referred to in p aragraph  4 initially reviews a 
challenge, the Party shall ensure that the supplier 
may appeal the initial decision to an impartial 
administrative or judicial authority that is 
independent of the procuring entity that is the 
subject of a challenge.  
  
6. A review body that is not a court shall 
either be subject to judicial review or shall have 
procedures which provide that:  6. ... A review body which is not a court shall 
either be subject to judicial review or shall have 
procedures which provide that:  
 
(a) the procuring entity shall respond 
in writing to the challenge  and 
disclose all relevant documents to 
the review body;  
  (e) opinions or decisions are given in 
writing with a statement describing 
the basis for the opinions or 
decisions;  
 
 ... 
 
 (g) documents are disclosed to the 
review body.  
 
(b) the participants to the proceedings 
shall have the right to be heard 
prior to a decision of the review 
body being made on the 
challenge;   (a) participants can be heard before an 
opinion is given or a decision is 
reached;  
 
(c) the participants to the proceedings 
shall have the right to be 
represented and accompanied;   (b) participants can be represented and 
accompanied;  
 
(d) the participants to the proceedings 
shall have access to all 
proceedings;   (c) participants shall have access to all 
proceedings;  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
(e) the participants to the proceedings 
shall, have the right to request 
that the proceedings take place in 
public and that witnesses may be 
presented;  and  
  (d) proceedings can take place in public;  
 
(f) decisions or recommendations 
relating to supplier challenges 
shall be provided, in a timely 
fashion, in writing, with an 
explanation of the basis for each 
decision or recommendation.  
  (f) witnesses can be presented;  
 
7. Each Party shall adopt or maintain 
procedures that provide for:  
 7. Challenge procedures shall provide for:  
 
(a) rapid interim measures to preserve 
the supplier's opportunity to 
participate in the procurement.  
Such interim measures may result 
in suspension of the procurement 
process.  However, procedures 
may provide that overriding 
adverse consequences for the 
interests concerned, including the 
public interest, may be taken into 
account when deciding whether 
such measures sh ould be applied.  
In such circumstances, just cause 
for not acting shall be provided in 
writing;  and    (a) rapid interim measures to correct 
breaches of the Agreement and to 
preserve commercial opportunities. 
Such action may result in suspension 
of the pr ocurement process. 
However, procedures may provide 
that overriding adverse 
consequences for the interests 
concerned, including the public 
interest, may be taken into account 
in deciding whether such measures 
should be applied.  In such 
circumstances, just cause for not 
acting shall be provided in writing;  
 
  (b) an assessment and a possibility for a 
decision on the justification of the 
challenge;  
 
(b) [corrective action where a review 
body has determined that there 
has been a breach of the 
Agreement or a failure by a 
procuring entity to comply with a 
Party's measures 
implementing]US,CDA [correction of 
the breach of]EC the Agreement or 
compensation for the loss or 
damages suffered, which may be 
limited to [either]HKC the costs for 
the preparation of the tender [or 
the costs relating to the 
challenge]US,CDA,EC[, the costs 
relating to the challenge, or 
both]US,CDA,EC,HKC. 
  (c) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which may 
be limited to costs for tender 
preparation or protest.  
 
 8. With a view to the preservation of the 
commercial and other interests involved, the challenge 
procedure shall normally be completed in a timely 
fashion.  
 
 
Article  XIX 
Modifications and Rectifications to Coverage  
[NB:  The EC, the US and Norway are still 
considering the revision of this Article, in 
particular its relation to market access  
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
negotiations and the appropriateness of an 
arbitration process. ] 
 
Notification of Proposed Modification  
 
1. [Each] [A] Party shall notify the Committee 
of any proposed rectification, transfer of an entity 
from one Annex to another, withdrawal of an entity, 
or other modification (referred to generally in this 
Article as "modification") of Appendices I through 
IV.  The Party proposing the modification 
("modifying Party") shall include in the notification:  
 
(a) for any proposed  withdrawal of an 
entity from Appendix  I in exercise 
of its rights on the grounds that 
government control or influence 
over it has been effectively 
eliminated, [including by virtue of 
liberalization,]EC,NOR,SWI evidence 
that such government control or 
influence has been effectively 
eliminated, including information 
that addresses, as appropriate, 
the indicative criteria developed by 
the Committee in accordance with 
paragraph  16;  or  
 
(b) for any other proposed 
modification, information as to the 
likely consequences of the change 
for the mutually agreed coverage 
provided in the Agreement.  
 
[2. Where a Party uses a method other than a 
list of specific entities to identify its covered entities 
in [[Annex  1,] Annex  2 and]CDA,JPN Annex  3 of 
Appendix  I to the Agreement, the Party shall notify, 
at least annually in accordance with paragraph  1, all 
proposed modifications to the covered entities that 
are within the scope of the entities generally 
described or referred to by the Party in the Annexes.  
Where no such modifications are contemplated a nil 
report will be provided.]CDA,JPN,US  
[NB:  The EC, Switzerland and Norway consider 
that this paragraph is a market access issue. ] 
 Article XXIV  
6. Rectifications or Modifications  
 (a) Rectifications, transfers of an entity 
from one Annex to another or, in 
exceptional cases, other 
modifications relating to Appendices I 
through IV shall be notified to the 
Committee, along with information as 
to the likely consequences of the 
change for th e mutually agreed 
coverage provided in this Agreement. 
... 
 (b) Where a Party wishes, in exercise of 
its rights, to withdraw an entity from 
Appendix I on the grounds that 
government control or influence over 
it has been effectively eliminated, 
that Party s hall notify the 
Committee. …  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
3. [A] [Any] [Each] Party whose 
[rights]US,EC,NOR,JPN [benefits]CDA under the Agreement 
may be affected by [or who has a systemic interest 
relating to,]CDA proposed modification notified under 
paragraph  1 shall notify the Committee of any 
objection to the proposed modification within 
45 days from the date of the circulati on to the 
Parties of the notification.  The notification shall set 
out reasons for the objection.  The modifying Party 
and [each][the][any] objecting Party shall seek to 
resolve the objection through consultations.  
 
4. In such consultations, the Parties 
concerned shall consider the proposed modification 
and, in  the case of a notification under 
paragraph  1(b), any claim for compensatory 
adjustments, with a view to maintaining a balance 
of rights and obligations and a comparable level of 
mutually agreed cover age provided in the 
Agreement prior to such notification.  If the 
modifying Party and [the][any] objecting Party are 
able to resolve the objection through consultations, 
and the modifying Party revises its proposed 
modification as a result of those consult ations, the 
modifying Party shall notify the Committee in 
accordance with paragraph  1, and any such revised 
modification shall only be effective after fulfilling the 
requirements of this Article.  
 6. Rectifications or Modifications  
 
 (a) ... The Committee shall consider the 
proposal and any claim for 
compensatory adjustments, with a 
view to maintaining a balance of 
rights and obligations and a 
comparable level of mutually agreed 
coverage provided in this Agreement 
prior to such notification.  
 
Arbitration  
 
5. If the modifying Party and an objecting 
Party are unable to reach agreement within 
110 days from the end of the objection period in 
paragraph  3, or at any earlier date agreed by the 
Parties, the modifying Party or any objecting Party 
may refer the proposed modification to arbitration, 
by notifying the Committee.  
 
6. Where more than one Party refers a 
proposed modification to arbitration, the Parties 
shall agree to a single arbitration whenever feasible.  6. Rectifications or Modifications  
 
 (a) ... In the event of agreement not 
being reached, the matter may be 
pursued in accordance with the 
provisions contained in Article XXII.  
 
 (b) … In the event of an objection, the 
matter may be pursued in 
accordance with the procedures on  
consultations and dispute settlement 
contained in Article  XXII.  In 
considering the proposed 
modification to Appendix I and any 
consequential compensatory 
adjustment, allowance shall be made 
for the market -opening effects of the 
removal of government cont rol or 
influence.  
 GPA/TN1994/4/Rev.11  
 
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7. Any Party having a substantial interest in a 
proposed modification brought to arbitration under 
paragraph 5 or 10 and having notified its interest to 
the Committee (referred to hereafter as "third 
Party") shall have an opportunity to be heard by the 
arbitr ator and to make written submissions to the 
arbitrator.  These submissions shall also be given to 
the Parties to the arbitration and shall be reflected 
in the arbitration determination.  
  
8. The arbitrator shall determine:  
 
(a) in the case of a proposed 
withdrawal under paragraph  1(a), 
whether government control or 
influence over the entity proposed 
to be withdrawn has been 
effectively eliminated;  or  
 
(b) in the case of any other proposed 
modification, whether the 
proposed modification would result 
in a l evel of coverage comparable 
to, or greater than, the level of 
mutually agreed coverage 
provided in the Agreement and 
would otherwise maintain the 
balance of rights and obligations 
under the Agreement.  
 
9. The modifying Party shall submit to the 
arbitrator prima facie evidence in support of its 
proposed modification.  
 
10. Where the arbitrator makes a negative 
determination under subparagraph (a) or (b) of 
paragraph 8, [upon the request of the modifying 
Party,]US,EC the same arbitrator, where available, 
shall determine the level of compensatory 
adjustment that would result in a comparable level 
of coverage and maintain the balance of rights and 
obligations under the Agreement.  
[NB:  The Parties agree that the sequenc ing of 
procedures and the issue of two -step 
arbitrations will have to be reviewed in light of 
the outcome on whether to allow appeals from 
arbitrations. ] 
 
11. If the modifying Party revises its proposed 
modification based on this determination, it  shall 
notify the Committee in accordance with 
paragraph  1, and any such revised modification shall 
only be effective after fulfilling the requirements of 
this Article.  
 
12. The arbitrator shall issue a reasoned 
determination to the Parties to the arbitration and t o 
the Committee within 90 days of:  
 
(a) the appointment of the a rbitrator 
where an arbitration is conducted 
pursuant to paragraph 5;  or  
 
(b) the request where an arbitration is 
conducted pursuant to paragraph 
10.  GPA/TN1994/4/Rev.11  
 
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The Committee shall promptly circulate th e 
determination to the Parties.  
 
13. The Parties to an arbitration shall accept 
the arbitrator’s determination [as modified by the 
Appellate Body] as [binding][final][final and 
binding].  
 
[14. Any Party to an arbitration [pursuant to 
paragraph  8(a)] may appeal the arbitrator's 
determination to the Appellate Body in respect of 
issues of law covered in the determination and legal 
interpretation developed by the arbitrator within 
[30/60]  days of the cir culation of the determination 
to the Parties.  The provisions of the DSU relating to 
an appeal shall apply mutatis mutandis to an appeal 
brought under this provision.  [[Third Parties, having 
participated in the arbitration,][Any Party] may 
make written su bmissions to, and be given an 
opportunity to be heard by, the  Appellate 
Body.]EC,US,NOR]EC,ISR,US  
[NB:  Some Parties are reflecting on the need 
for appeals and the procedures that would 
apply. ] 
  GPA/TN1994/4/Rev.11  
 
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Implementation  
 
15. A proposed modification shall become 
effective only where:  
 
(a) no Party submits to the Committee 
a written objection to the 
proposed modification within 
45 days from the date of 
circulation of the notification of the 
proposed modification to the 
Parties to the Agreement under 
paragraph  1; 
 
(b) each objecting Party has notified 
the Committee that it withdraws 
its objection to the proposed 
modification;  
 
(c) no Party refers the proposed 
modification to arbitration within 
120 days from the end of the 
objection period in paragraph  3;  
or 
 
(d) an arbitrator has determined that:  
 
(i) in the case of a proposed 
withdrawal under 
paragraph  1(a), 
government  control or 
influence over the entity 
has been effectively 
eliminated;  or  
 
(ii) in the case of a proposed 
modification under 
paragraph  1(b), the 
proposed modification 
would result in a level of 
coverage comparable to, 
or greater than, the level 
of mutually agreed 
coverage provided in the 
Agreement and would 
otherwise maintain the 
balance of rights and 
obligations under the 
Agreement.  6. Rectifications or Modifications  
 
 (a) ... If the rectifications, transfers or 
other modifications are of a purely 
formal or minor nature, they shall 
become effective provided there is no 
objection within 30  days. ...  
 
 (b) ... Such modification shall become 
effective the day after the end of the 
following meeting of the Committee, 
provided that the meeting is no 
sooner than 30  days from the date of 
notification and no objection has 
been made. ...  
 
Committee Responsibilities  
 
16. The Committee shall develop working 
procedures for arbitrations under this Article, 
criteria  that indicate the effective elimination of 
government control or influence over an entity, 
and criteria that indicate how to determine the level 
of compensatory adjustment to be  offered for 
modifications made pursuant to this provision.1 
 
 
Footnote  
1. The Parties will agree upon the indicative 
criteria before the conclusion of the GPA 
review/negotiations.  
 6. Rectifications or Modifications  
 
 (a) ... In other cases, the Chairman of 
the Committee shall promptly 
convene a meeting of the 
Committee. ...  
 
 (b) ... Such modification shall become 
effective the day after the end of the 
following meeting of the Committee, 
provided that the meeting is no 
sooner than 30 days from th e date of 
notification and no objection has 
been made . ... 
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XX 
Consultations and Dispute Settlement   
Article XXII  
Consultations and Dispute Settlement  
1. Each Party shall accord sympathetic 
consideration to, and shall afford adequate 
opportunity for, consultation regarding such 
representations as may be made by another Party 
with respect to any matter affecting the operation of 
the Agreement.  
 2. ... Any Party thus approached shall give 
sympathetic consideration to the representations or 
proposals made to it.  
2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under the 
Agreement is being nullified or impaired, or that the 
attainment of any objective of the Agreement is 
being impeded as the result of t he failure of another 
Party or Parties to carry out its obligations under the 
Agreement[, or the application by another Party or 
Parties of any measure, whether or not it conflicts 
with the provisions of the Agreement,]CDA,JPN,US it 
may with a view to reaching a mutually satisfactory 
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 Settlement 
Understand ing").  2. If any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that the 
attainment of any objective of this Agreement is being 
impeded as the result of the failure of anothe r Party or 
Parties to carry out its obligations under this 
Agreement, or the application by another Party or 
Parties of any measure, whether or not it conflicts with 
the provisions of this Agreement, it may with a view to 
reaching a mutually satisfactory r esolution of the 
matter, make written representations or proposals to 
the other Party or Parties which it considers to be 
concerned. Such action shall be promptly notified to 
the Dispute Settlement Body established under the 
Dispute Settlement Understandin g (hereinafter 
referred to as "DSB"), as specified below.   ... 
 
3. The Dispute Settlement Understanding 
applies to consultations and the settlement of 
disputes under the Agreement, with the following 
modifications:  1. The provisions of the Understanding o n Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") shall be 
applicable except as otherwise specifically provided 
below.  
 
[(a) other Parties to the Agreement 
with a substantial trade interest in 
the consultations may request to 
be joined in the consultations;]EC 
 
[(b) in the case of a dispute in which 
provisions of the Agreement and of 
one or more other Agreements 
listed in Appendix  1 of the Dispute 
Settlement Understanding are 
invoked by one of the Parties to 
the dispute, only a Member of the 
WTO that is a Party to this 
Agreement may, with respect to 
those parts of the dispute 
concerning the Agreement:  
 
 (i) participate in decisions or 
actions of the Dispute 
Settlement Body;  
 
(ii) join as a third Party in 
consultations;  and  
 
 (iii) participate as a third Party 
during panel and Appellate 
Body 
proceedings;]JPN,EC,US,ISR 
  3. The DSB  shall have the authority to establish 
panels, adopt panel and Appellate Body reports, make 
recommendations or give rulings on the matter, 
maintain surveillance of implementation of rulings and 
recommendations, and authorize suspension of 
concessions and o ther obligations under this 
Agreement or consultations regarding remedies when 
withdrawal of measures found to be in contravention of 
the Agreement is not possible, provided that only 
Members of the WTO Party to this Agreement shall 
participate in decision s or actions taken by the DSB 
with respect to disputes under this Agreement.  
 
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(c)  each panel established by the 
Dispute Settlement Body to 
examine a dispute under the 
Agreement  should include at least 
one person qualified in the area of 
government procurement, unless 
the Parties to the dispute agree 
otherwise;]US,CDA,JPN  and 
 5. Panels established by the DSB  to examine 
disputes under this Agreement should include persons 
qualified in the area of government procurement.  
 
 6. Every effort shall be made to accelerate the 
proceedings to the greatest extent possible. 
Notwithstanding the provisions of paragraphs 8  and 9 
of Article 12 of the Dispute Settlement Understanding, 
the panel shall attempt to provide its final report to the 
parties to the dispute not later than four months, and 
in case of delay not later than seven months, after the 
date on which the compos ition and terms of reference 
of the panel are agreed. Consequently, every effort 
shall be made to reduce also the periods foreseen in 
paragraph 1 of Article 20 and paragraph 4 of Article 21 
of the Dispute Settlement Understanding by two 
months. Moreover, n otwithstanding the provisions of 
paragraph 5 of Article 21 of the Dispute Settlement 
Understanding, the panel shall attempt to issue its 
decision, in case of a disagreement as to the existence 
or consistency with a covered Agreement of measures 
taken to co mply with the recommendations and 
rulings, within 60 days.  
 
 [(d) notwithstanding 
paragraph  3 of Article  22 of the 
Dispute Settlement 
Understanding, any dispute arising 
under any Agreement listed in 
Appendix  1 to the Dispute 
Settlement Understanding other 
than this Agreement shall not 
result in the suspension of 
concessions or other obligations 
under this Agreement, and any 
dispute arising under this 
Agreement shall not result in the 
suspension of concessions or other 
obligations under a ny other 
Agreement listed in the said 
Appendix  1].US,ISR,JPN,CDA,KOR 
 
 [(dbis) Where a Party, pursuant to Article 
22.2 DSU, requests authorization 
to suspend concessions or other 
obligations and either the violation 
or other nullification or impairment 
is under this Agreement, or the 
Party envisages suspending 
concessions or other obligations 
under this Agreement the 
following principles and procedures 
shall replace those set out in 
Article 22.3 DSU:  
 
(i) where the panel or 
Appellate Body has found 
a violat ion or other 
nullification or other 
impairment under this 
Agreement, the 7. Notwithstanding paragraph  2 of Article  22 of 
the Dispute Settlement Understanding, any dispute 
arising under any Agreement listed in Appendix  1 to 
the Dispute Settlement Understanding other than this 
Agreement shall not result in the suspension of 
concessions or other obligations under this Agreement, 
and any dispute arisi ng under this Agreement shall not 
result in the suspension of concessions or other 
obligations under any other Agreement listed in the 
said Appendix  1. 
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
complaining Party should 
first seek to suspend 
concessions or other 
obligations under this 
Agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend conce ssions or 
other obligations under 
this Agreement, and that 
the circumstances are 
serious enough, it may 
seek to suspend 
concessions or other 
obligations under another 
covered agreement;  
 
(ii) where the panel or 
Appellate Body has found 
a violation or other  
nullification or other 
impairment under 
another covered 
agreement, the 
complaining Party should 
first seek to suspend 
concessions or other 
obligations under that 
agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend conces sions or 
other obligations under 
that agreement, and that 
the circumstances are 
serious enough, it may 
seek to suspend 
concessions or other 
obligations under this 
Agreement;  
 
 
 
(iii) in applying the above 
principles, that Party shall 
take into account:  
 
(a) the trade under 
the Agreement 
under which the 
panel or 
Appellate Body 
has found a 
violation or 
other 
nullification or 
impairment, and 
the importance 
of such trade to 
that Party;  
 
(b) the broader 
economic 
elements related 
to the 
nullification or 
impairment and GPA/TN1994/4/Rev.11  
 
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the broader 
economic 
consequences of 
the suspension 
of concession or 
other 
obligations;  
 
(iv) if that Party decides to 
request authorization to 
suspend concessions or 
other obligations 
pursuant to the second 
sentence of 
subparagraphs  (i) or (ii), 
it shall state the reasons 
therefore in its request.  
At the same time as the 
request is forwarded to 
the DSB, it also shall be 
forwarded to the 
Committee and the 
relevant Councils.  
 
(v) all other provisions of 
Article 22 DSU are 
applicable to a 
suspension of concessions 
or other obligations under 
the GPA.  In such cases, 
references to Article  22.3 
DSU in Article  22.6 DSU 
should be read as a 
reference to this 
provision.]EC,SWI 
 
[4. (a) In the communication referred to 
in Article  [21.3] of the DSU, the 
Party concerned shall inform the 
DSB whether it is possible to bring 
the measures found to be 
inconsistent with the Agreement 
into conformity with the 
Agreement.  If the Party 
concerned ind icates that it is not 
possible to bring the measures 
found to be inconsistent with the 
Agreement into conformity with 
the Agreement that Party shall, 
immediately after having made 
that communication, enter into 
consultations with a view to 
developing mutua lly acceptable 
compensation.  
 
(b) Any Party which has entered into 
such consultations may at any 
time request an arbitration to 
determine the level of nullification 
or impairment that was caused by 
the measure found to be 
inconsistent with the Agreement.  
 
(c) Unless a request for arbitration has 
been made, the Party concerned 
shall, within 30  days from the 3. The DSB shall have the auth ority to establish 
panels, adopt panel and Appellate Body reports, make 
recommendations or give rulings on the matter, 
maintain surveillance of implementation of rulings and 
recommendations, and authorize suspension of 
concessions and other obligations und er this 
Agreement or consultations regarding remedies when 
withdrawal of measures found to be in contravention of 
the Agreement is not possible, provided that only 
Members of the WTO Party to this Agreement shall 
participate in decisions or actions taken b y the DSB 
with respect to disputes under this Agreement.  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
request for consultations, submit 
to all Parties who have entered 
into such consultations, a proposal 
for mutually acceptable 
compensation.  
 
(d) When arb itration has been 
requested, the Party concerned 
shall submit such a proposal within 
30 days of the award of the 
arbitrator.  Any such proposal shall 
be consistent with the award of the 
arbitrator.  
 
(e) Such arbitration shall be carried 
out by the original  panel, if 
members are available, or by an 
arbitrator, which term shall be 
interpreted as referring to an 
individual or a group, appointed by 
the Director -General and shall be 
completed within 60  days after the 
request for arbitration.  
 
(f) If no proposal for compensation 
has been submitted within the 
periods referred to in 
subparagraphs  (c) or (d), or if no 
agreement has been reached 
within 60  days from the 
submission of the later of:  
 
(i) a proposal for mutually 
acceptable 
compensation;  or  
 
(ii) such a proposal made 
subsequent to an 
arbitration award;  
 
the complaining Party shall be 
entitled to request authorization 
from the DSB  to suspend the 
application to the Party concerned 
of concessions and other 
obligations under the covered 
agreements that is appropriate in 
light of the level of nullification or 
impairment that was caused by 
the measure.]EC 
 
 4. Panels shall have the following terms of 
reference unless the parties to the dispute agree 
otherwise within 20 days of the establishment of the 
panel:  
 
"To examine, in the light of the relevant provisions 
of this Agreement and of (name of any other 
covered Agreement cited by the parties to the 
dispute), the matter referred to the DSB by (name 
of party) in document ... and to make such 
findings as will ass ist the DSB in making the 
recommendations or in giving the rulings provided 
for in this Agreement."  
 
In the case of a dispute in which provisions both of this GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Agreement and of one or more other Agreements listed 
in Appendix  1 of the Dispute Settlement Understanding 
are invoked by one of the parties to the dispute, 
paragraph 3 shall apply only to those parts of the 
panel report concerning the interpretation and 
application of this Agreement.  
 
 
Article  XXI 
Institutions  
  
Article XXI  
Institutions  
Committee on Government Procurement  
  
1. A Committee on Government Procurement 
composed of representatives from each of the 
Parties shall be established.  This Committee shall 
elect its own Chairman and shall meet as necessary, 
but not less than once  a year, for the purpose of 
affording Parties the opportunity to consult on any 
matters relating to the operation of th e Agreement 
or the furtherance of its objectives, and to carry out 
such other responsibilities as may be assigned to it 
by the P arties.  
 1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established.  This Committee shall elect its own 
Chairman and Vice -Chairman and shall meet as 
necessary but not less than once a year for the pu rpose 
of affording Parties the opportunity to consult on any 
matters relating to the operation of this Agreement or 
the furtherance of its objectives, and to carry out such 
other responsibilities as may be assigned to it by the 
Parties.  
2. The Committee may establish working 
parties or other subsidiary bodies that shall carry 
out such functions as may be given to them by the 
Committee.  
 2. The Committee may establish working parties 
or other subsidiary bodies which shall carry out such 
functions  as may be given to them by the Committee.  
Observers  
  
 Article  XVII 
Transparency  
 
1. Each Party shall encourage entities to indicate 
the terms and conditions, including any deviations 
from competitive tendering procedures or access to 
challenge procedures, under which tenders will be 
entertained from suppliers situated in countries not 
Parties to this Agreement but which, with a view to 
creating transparency in their own contract awards, 
nevertheless:  
 
(a) specify their contracts in accordance 
with Article  VI (technical 
specifications);  
 
(b) publish the procurement notices 
referred to in Article  IX, including, in 
the version of the notice referred to 
in paragraph  8 of Article  IX 
(summary of the notice of intended 
procurement) which is  published in 
an official language of the WTO, an 
indication of the terms and conditions 
under which tenders shall be 
entertained from suppliers situated in 
countries Parties to this Agreement;  
 
(c) are willing to ensure that their 
procurement regulations shall not 
normally change during a 
procurement and, in the event that 
such change proves unavoidable, to 
ensure the availability of a GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
satisfactory means of redress.  
 
3. Any WTO Member that is not a Party to th e 
Agreement shall be entitled to participate i n the 
Committee as an observer upon submission of a 
written notice to the Secretariat.  Any WTO observer 
may submit a written request to the Secretariat to 
participate in the Committee as an observer, and 
may be accorded observer status by the Committee.  
 2. Governments not Parties to the Agreement 
which comply with the conditions specified in 
paragraphs 1(a) through  1(c), shall be entitled if they 
so inform the Parties to participate in the Committee 
as observers.  
 
 
Article  XXII 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. The Agreement shall enter into force on  [ ] 
for those WTO Members whose agreed coverage is 
set out in Annexes  1 through  [6/7] of Appendix  I, 
and that have, by signature, accepted the 
Agreement on  [ ], or have, by or on that date, 
signed the Agreement subject to ratification and 
have subsequently ratified the Agreement before  [ ]. 
 1. Acceptance and Entry into Force  
 
 This Agreement shall enter into force on 1 
January 1996 for those gov ernments8 whose agreed 
coverage is contained in Annexes 1 through 5 of 
Appendix I of this Agreement and which have, by 
signature, accepted the Agreement on 15 April 1994 or 
have, by that date, signed the Agreement subject to 
ratification and subsequently r atified the Agreement 
before 1 January 1996.  
 
Footnote  
8. For the purpose of this Agreement, the term 
"government" is deemed to include the competent 
authorities of the European Communities.  
 
Transitional Arrangements  
 Article  XXIV 
3. Transitional Arrangements  
 
 (a) Hong Kong and Korea may delay 
application of the provisions of this 
Agreement, except Articles  XXI 
and XXII, to a date not later than 
1 January  1997.  The commencement 
date of their application of the 
provisions, if prior to  1 January  1997, 
shall be notified to the 
Director -General of the WTO 30 days 
in advance.  
 
 (b) During the period between the date of 
entry into force of this Agreement and 
the date of its application by 
Hong Kong, the rights and obligations 
between Hong K ong and all other 
Parties to this Agreement which were 
on 15  April 1994 Parties to the 
Agreement on Government 
Procurement done at Geneva on 
12 April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by the 
substantive provisions of the 1988 
Agreement, including its Annexes as 
modified or rectified, which provisions 
are incorporated herein by reference 
for that purpose and shall remain in 
force until 31  December  1996.  
 
Footnote  
9. All provisions of the 1988 Agreement except GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
the Preamble, Article  VII and Article  IX other than 
paragraphs 5(a) and (b) and paragraph 10.  
2. Between the Parties to this Agreement that 
are also Parties to the Agreement on Government 
Procurement dated 15  April 1994 
("1994  Agreement"), the 1994  Agreement shall 
cease to apply.  When all Parties to the 
1994 Agreement have accepted this Agreement, the 
1994 Agreement shall be terminated.  
 Article  XXIV 
3. (c) Between Parties to this Agreement 
which are also Parties to the 1988 
Agreement, the rights and obligati ons 
of this Agreement shall supersede 
those under the 1988 Agreement.  
 
 (d) Article  XXII shall not enter into force 
until the date of entry into force of 
the WTO Agreement.  Until such 
time, the provisions of Article  VII of 
the 1988 Agreement shall apply to 
consultations and dispute settlement 
under this Agreement, which 
provisions are hereby incorporated in 
the Agreement by reference for that 
purpose.  These provisions shall be 
applied under the auspices of the 
Committee under this Agreement.  
 
(e) Prior to the date of entry into force 
of the WTO Agreement, references to 
WTO bodies shall be construed as 
referring to the corresponding GATT 
body and references to the Director -
General of the WTO and to the WTO 
Secretariat shall be construed as 
references  to, respectively, the 
Director -General to the 
CONTRACTING PARTIES to GATT 
1947 and to the GATT Secretariat.  
 
Accession  
 
3. Any Member of the WTO that is not a Party 
to the Agreement may accede to the Agreement on 
terms to be agreed between that Member and the 
Parties.  Accession shall take place by deposit with 
the Director -General of the WTO of an instrument of 
accession that states the terms so agreed.  The 
Agreement shall enter into force for an acceding 
Member on the 30th day following the da te of its 
accession to the Agreement.  
 2. Accession  
 
 Any government which is a Member of the 
WTO, or prior to the date of entry into force of the WTO 
Agreement which is a contracting party to GATT  1947, 
and which is not a Party to this Agreement may acced e 
to this Agreement on terms to be agreed between that 
government and the Parties.  Accession shall take place 
by deposit with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed.  The Agreement shall enter into f orce for an 
acceding government on the 30th day following the date 
of its accession to the Agreement.  
 
Reservations  
 
4. No Party may enter any reservation in 
respect of any provisions of the Agreement.  
 4. Reservations  
 
 Reservations may not be entered in respect of 
any of the provisions of this Agreement.  GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
National Legislation  
 
5. Each Party shall ensure, not later than the 
date of entry into force of the Agreement for it, 
the conformity of its laws, regulations and 
administrative procedures, and the rules, 
procedures and practices applied by its procuring 
entities, with the provisions of the Agreement.  
 5. National  Legislation  
 
 (a) Each government accepting or 
acceding to this Agreement shall 
ensure, not later than the date of 
entry into force of this Agreement for 
it, the conformity of its laws, 
regulations and administrative 
procedures, and the rules, procedures 
and practices applied by the entities 
contained in its lists annexed hereto, 
with the provisions of this Agreement.  
 
6. Each Party shall inform the Committee of 
any changes in its laws and regulations relevant to 
thd Agreement and in the administration of such 
laws and regulations.  
  (b) Each Party shall inform the Committee 
of any changes in its laws and 
regulations rel evant to this Agreement 
and in the administration of such laws 
and regulations.  
 
Reports and Future Work  
 
7. The Committee shall annually inform the 
General Council of the WTO of developments 
relating to the implementation and operation of th e 
Agreement.  
 7. Reviews, Negotiations  and Future Work  
 
 (a) The Committee shall review annually 
the implementation and operation of 
this Agreement taking into account 
the objectives thereof.  The 
Committee shall annually inform the 
General Council of the W TO of 
developments during the periods 
covered by such reviews.  
 
8. Not later than the end of [the tenth  year] 
from the date of entry into force of the Agreement, 
and periodically thereafter, the Parties thereto shall 
undertake further negotiations, with a view to 
improving the Agreement and achieving the greatest 
possible extension of its coverage among all Parties, 
taking into consideration the needs of developing 
countries.  
 (b) Not later than the end of the third 
year from the date o f entry into force 
of this Agreement and periodically 
thereafter, the Parties thereto shall 
undertake further negotiations, with 
a view to improving this Agreement 
and achieving the greatest possible 
extension of its coverage among all 
Parties on the basis  of mutual 
reciprocity, having regard to the 
provisions of Article  V relating to 
developing countries.  
 
Article V  
15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph  7 of 
Article  XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, financial 
and trade situation.  
 
9. The Parties shall seek to avoid introducing 
or continuing discriminatory measures and practices 
that distort open procurement and shall, in the 
context of negotiations, seek to eliminate those 
which remain on the date of entry into force of the 
Agreement.  
[NB:  Parties will review the need for this 
provision at the end of the negotiations. ] 
 Article XXIV  
7. (c) Parties shall seek to avoid introducing 
or prolonging discriminatory measures 
and practices which distort open 
procurement and shall, in the context 
of negotiations under subparagraph 
(b), seek to eliminate those which 
remain on the date of entry in to force 
of this Agreement.  
 GPA/TN1994/4/Rev.11  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. Following the conclusion of the work 
programme for the harmonization of rules of origin 
for goods being undertaken under the Agreement on 
Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organization and 
negotiations regarding trade in services, the Parties 
shall take the results of that work programme and 
those negotiations into account in amending Article  [ 
] as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme f or the harmonization of rules of origin for 
goods to be undertaken under the Agreement on Rules 
of Origin in Annex 1A of the Agreement Establishing 
the World Trade Organization (hereinafter referred to 
as "WTO Agreement") and negotiations regarding trade 
in services, Parties shall take the results of that work 
programme and those negotiations into account in 
amending paragraph  1 as appropriate.  
 
[11. Not later than the end of the third  year 
from the date of entry into force of the Agreement, 
the Committee shall undertake further work to 
establish a common nomenclature for describing the 
subject of procurement notices and common 
standardized notices in view of improving the 
effectiveness of cross -border procurement and 
simplifying the description and content  of such 
notices.]EC,SWI 
  
Amendments  
 
12. The Parties may amend the Agreement 
having regard, inter alia , to the experience gained in 
its implementation.  Such an amendment, once the 
Parties have concurred in accordance with the 
procedures established by the Committee, shall [not 
enter into force for any Party until it has been 
accepted by such Party]US [take effect for the Parties 
that have accepted them upon acceptance by two 
thirds of the Parties and thereafter for each other 
Party upon a cceptance by it]EC,JPN,KOR. 
 Article XXIV  
9. Amendments  
 
 Parties may amend this Agreement having 
regard, inter alia, to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall not enter into force 
for any Party until it has been accepted by such Party.  
Withdrawal  
 
13. Any Party may withdraw from the 
Agreement.  The withdrawal shall take effect upon 
the expiration of 60  days from the date the Director -
General of the WTO receives written notice of the 
withdrawal.  Any Party may upon such notification 
request an immediate meeting of the Committee.  
 10. Withdrawal  
 
 (a) Any Party may withdraw from this 
Agreement.  The withdrawal shall 
take effect upon the expiration of 60 
days from the date on which written 
notice of withdrawal is received by 
the Director -General of the WTO.  
Any Party may upon such notification 
request an immediate meeting of the 
Committee.  
 
14. If a Party to th e Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to 
the Agreement with effect from the same date.  
  (b) If a Party to this Agreement does not 
become a Member of the WTO within 
one year of the date of entry into 
force of the WTO Agreement or 
ceases to be a Member of the WTO, it 
shall cease to be a Party to this 
Agreement with effect from the same 
date. 
 
Non-application of this Agreement between 
Particular Parties  
 
15. The Agreement shall not apply as between 
any two Parties if either Party, at the time it accepts 
or accedes to the Agreement, does not consent to 
such application.  
 11. Non-application of this Agreement between 
Particular Parties  
 
 This Agreement shall not apply as between any 
two Parties if either of th e Parties, at the time either 
accepts or accedes to this Agreement, does not consent 
to such application.  
 GPA/TN1994/4/Rev.11  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Appendices  
 
16. The Appendices to the Agreement 
constitute an integral part thereof.  
 12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes to this 
Agreement constitute an integral part thereof.  
Secretariat  
 
17. The Agreement shall be serviced by the 
WTO Secretariat.  
 13. Secretariat  
 
 This Agreement shall be serviced by the WTO 
Secretariat.  
Deposit  
 
18. The Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of the 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  [ ] and of each 
amendment thereto pursua nt to paragraph  12, and 
a notification of each accession thereto pursuant to 
paragraph  3 and of each withdrawal therefrom 
pursuant to paragraph  13. 
 14. Deposit  
 
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly fu rnish 
to each Party a certified true copy of this Agreement, of 
each rectification or modification thereto pursuant to 
paragraph  6 and of each amendment thereto pursuant 
to paragraph  9, and a notification of each acceptance 
thereof or accession thereto pur suant to paragraphs  1 
and 2 and of each withdrawal ther efrom pursuant to 
paragraph  10 of this Article.  
 
Registration  
 
19. The Agreement shall be registered in 
accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 15. Registration  
 
 This Agreement shall be registered in 
accordance with the provisions of Article 102 of the 
Charter of the United Nations.  
Done at [ ] this  [ ] day of [ ] in a single copy in the 
English, French and Spanish languages, each text 
being authentic, except as otherwise specified with 
respect to the Appendices hereto.  Done at Marrakesh this fifteenth day of April one 
thousand nine hundred and ninety -four in a single copy, 
in the English, French and Spanish languages, each text 
being authenti c, except as otherwise specified with 
respect to the Appendices hereto.  
 
 GPA/TN1994/4/Rev.11  
 
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 TABLE LISTING THE PROVISIONS IN THE 1994  AGREEMENT WITH  
THE CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT  
 
 
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Preamble  Preamble  
first line ("Parties to this Agreement ...") first line ("Parties to this Agreement...")  
recital  1 ("Recognizing  the need for an effective ...") recital  1 ("Recognizing  the need for an effective ...") 
recital  2 ("Recognizing  that laws ,...") recital  2 ("Recognizing  that measures ...") 
recital  3 ("Recognizing  that it is desirable ...") recital  6 ("Recognizing  the desirability of ...") 
recital  4 ("Recognizing  the need to establish ...")  
recital  5 ("Recognizing  the need to take ...") recital  5 ("Recognizing  the need to take ...") 
recital  6 ("Desiring , in accordance with ...")  
recital  7 ("Desiring  to encourage ...") recital  8 ("Desiring  to encourage ...") 
recital  8 ("Having undertaken  further negotiations ...") recital  9 ("Having undertaken  further ...") 
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2( a)-(b) and (d) -(e) 
footnote 1, first sentence ("For each Party,...")  Article II: 6 
footnote 1, second sentence (" ... Relevant thresholds  
are specified in ...") Article II: 4 
paragraph 2  Article II:2( a)-(b) 
paragraph 3  Article II: 8 
paragraph 4  Article II:2( c) 
Article II: 4 
Article II  
Valuation of Contracts   
paragraph 1  Article II: 9 chapeau  GPA/TN1994/4/Rev.11  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
footnote 2  Article II:2( c) 
Article II: 4 
Article II: 9 chapeau  
paragraph 2  Article II: 9(b)(i) 
paragraph 3  Article II: 9(a) 
paragraph 4  chapeau  Article II: 10 chapeau  
subparagraph 4(a)  Article II: 10(a) 
subparagraph 4(b)  Article II: 10(b) 
paragraph 5  chapeau  Article II: 11 chapeau  
subparagraph 5(a)  Article II: 11(a) 
subparagraph 5(b)  Article II: 11(b) 
paragraph 5, last sentence  Article II: 11(c) 
paragraph 6  Article II: 9(b)(ii)  
Article III  
National Treatment and Non -discrimination   
paragraph 1  chapeau  Article V:1 chapeau  
subparagraph 1(a)  Article V:1(a) 
subparagraph 1(b)  Article V:1(b) 
paragraph 2 chapeau  Article V:2 chapeau  
subparagraph 2(a)  Article V:2(a) 
subparagraph 2(b)  Article V:2(b) 
paragraph 3  Article V:7 
Article IV  
Rules of Origin   
paragraph 1  Article V:5 
paragraph 2  Article XXI:10 GPA/TN1994/4/Rev.11  
 
- 73 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article V  
Special and Differential Treatmen t 
for Developing Countries   
paragraph 1 chapeau  Article IV:1 
subparagraph 1(a)   
subparagraph 1(b)   
subparagraph 1(c)   
subparagraph 1(d)   
paragraph 2  Article IV:2 
Article  IV:4 
paragraph 3  Article IV:2 
Article IV:4 
paragraph 4  Article IV:3(a) 
paragraph 5  Article IV:8 
paragraph 6  Article IV:3(a) 
Article IV:8  
paragraph 7  Article IV:13 
paragraph 8  Article IV:11 
paragraph 9  Article IV:11 
paragraph 10  Article IV:11 
paragraph 12  Article IV:2 
Article IV:4 
paragraph 13  Article IV:11 
paragraph 14  Article IV:13 
paragraph 15  Article XXI:8 
Article VI  
Technical Specifications   
paragraph 1  Article I:( u), definition of technical specification  GPA/TN1994/4/Rev.11  
 
- 74 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article VIII:4 
paragraph 2 chapeau  Article VIII:5 chapeau  
subparagraph 2(a)  Article VIII:5(a) 
subparagraph 2(b)  Article VIII:5(b)  
footnote 3   
footnote 4  Article I:( s), definition of standard  
paragraph 3  Article  VIII:7 
paragraph 4  Article VIII:8 
Article VII  
Tendering Procedures   
paragraph 1  Article II: 7 
Article V:4 
paragraph 2  Article XVI:2 
paragraph 3 chapeau  Article I :(h), definition o f limited tendering  
Article I:(m ), definition of open tendering  
Article I:( q), defin ition of selective tendering  
subparagraph 3(a)  Article I:( m), definition of open tendering  
subparagraph 3(b)  Article I:( q), definition of selective tendering  
Article IX:7 
subparagraph 3(c)  Article I:( h), definition of limited tendering  
Article X II:1 chapeau  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:1 
paragraph (a)  Article IX:4 
paragraph (b), first sentence  Article VIII:1 
paragraph (b), second and subsequent sentence s Article VIII:2(a) 
paragraph (c)  Article IX:5 
Article IX:7 GPA/TN1994/4/Rev.11  
 
- 75 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph  (c), second sentence  Article  I(p), definition of qualified supplier  
paragraph (c), last sentence  Article IX:15(c) 
paragraph (d)  Article IX:11 
paragraph (e)  Article IX:12(c) 
paragraph (f), entire  Article IX:13 
Article IX:14 
paragraph (f), second sentence  Article IX:9(d) 
paragraph (g)  chapeau  Article IX:2 chapeau  
subparagraph (g)(i)  Article IX:2(a) 
subparagraph (g)(ii)  Article IX:2(b) 
paragraph (h)  Article VIII:3 
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article VII:1(a) 
Article VII:1(b) 
paragraph 2  Article VII:1(a) 
Article VII:1(b) 
paragraph 3  Article VII:5 
Article IX:12 chapeau  
paragraph 4  Article VII :5 
paragraph 5  Article IX:6 
Article IX:12(a)-(b) 
paragraph 6 chapeau  Article VII:2 chapeau  
subparagraph 6(a)  Article VII:2(b) 
Article VII:2(c) 
Article VII:2(d) 
subparagraph 6(b)  Article VII:2(f) 
subparagraph 6(c)  Article VII:2(e) GPA/TN1994/4/Rev.11  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(d)  Article VII:2(g) 
Article VII:2(h) 
subparagraph 6(e)  Article VII:2(a) 
subparagraph 6(f)  Article VII:2(i) 
subparagraph 6(g)  Article VII:2(a) 
subparagraph 6(h)   
paragraph 7  Article VII:4 
paragraph 8 chapeau  Article VII:3 chapeau  
subparagraph 8(a)  Article VII:3(a) 
subparagraph 8(b)  Article VII:3(b) 
subparagraph 8(c)  Article VII:3(c) 
paragraph 9 chapeau  Article IX:8 chapeau  
subparagraph 9(a)  Article IX:9(a) 
subparagraph 9(b)  Article IX:9(b) 
subparagraph 9(c)  Article IX:9(d) 
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article IX:12(a)-(b) 
paragraph 9, final paragraph ("However, when...")  Article IX:10 
paragraph 10  Article X:10 
paragraph 11  Article VII:2(l) 
Article IX:9(e) 
Article X  
Selection procedures   
paragraph 1  Article IX:5 
paragraph 2  Article IX:5 
paragraph 3  Article IX:5 
Article IX:7 GPA/TN1994/4/Rev.11  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article IX:12(c) 
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article XI:1 
subparagraph 1(b)   
subparagraph 2(a)  Article XI:3(a) 
subparagraph 2(b)  Article  XI:2 
Article XI:3(b)  
subparagraph 2(c)  Article XI:3(b) 
subparagraphs 3(a)(i) -(iv) Article XI:4(a)(i) -(v) 
subparagraph 3(a), last sentence  ("the 40 -day 
limit...")  Article XI:4 chapeau  
subparagraph 3(b)  Article XI:4(b) 
subparagraph 3(c)  Article XI:4(b/c) 
subparagraph 3(d)  Article XI:8 
paragraph 4  Article X:8 
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article X:7 chapeau  
subparagraph 2(a)   
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   
subparagraph 2(e)  Article X:7 (f) GPA/TN1994/4/Rev.11  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 2(f)  Article X:7 (b) 
subparagraph 2(g)  Article X:7 (a) 
subparagraph 2(h)  Article X:7 (c) 
subparagraph 2(i)  Article X:7 (g) 
subparagraph 2(j)  Article X:7 (g) 
subparagraph 2(k)   
paragraph 3  Article X:9 
Article XIII  
Submission, Receipt and Opening of Tenders and 
Awarding of Contracts   
subparagraph 1(a)  Article XV:4 
subparagraph 1(b)  Article XV:3 
paragraph 2  Article XV:2 
paragraph 3  Article XV:1 
subparagraph 4(a) , first sentence  Article XV:4 
subparagraph 4(a), second sentence  Article XV:7/8 
subparagraph 4(b)  Article XV:6 
subparagraph 4(c)  Article XV:4 
paragraph 5  Article XV:5 
Article XIV  
Negotiation   
paragraph 1 chapeau  Article XII:1 chapeau  
subparagraph 1(a)  Article XII:1(a) 
subparagraph 1(b)  Article XV:1(b) 
paragraph 2   GPA/TN1994/4/Rev.11  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article XV:1 
Article XVII:2 
subparagraph 4(a)  Article XII:2(a) 
subparagraph 4(b)  Article X:10 
subparagraph 4(c)  Article XII:2(b) 
subparagraph 4(d)  Article XII:2(b) 
Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X I:1 chapeau  
subparagraph 1(a)  Article XIII:1(a) 
subparagraph 1(b)  Article XIII:1(b) 
subparagraph 1(c)  Article XIII:1(d) 
subparagraph 1(d)  Article XIIi:1(c) 
footnote 5  Article XIIi:1(c) 
subparagraph 1(e)  Article XIII:1(f) 
footnote 6  Article XIII:1(f) 
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(f)  Article XIII:1(g) 
subparagraph 1(g)  Article XIII:1(h)  
subparagraph 1(h)  Article XIII:1(e) 
subparagraph 1(i)  Article XIII:1(i) 
subparagraph 1(j)  Article XIII:1(j) 
paragraph 2  Article XIII:2 
Article XVI:3(a)-(b) 
Article XVI  
Offsets   GPA/TN1994/4/Rev.11  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 1  Article V:6 
paragraph 2  Article III:3(b) 
footnote 7  Article I:(l ), definition of offsets  
Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article IV:12 
Article XXI:3 
Article XVIII  
Information and Review as Regards Obligations 
of Entities   
paragraph 1 chapeau  Article XVI:2 chapeau  
subparagraph 1(a)  Article XVI:2(a) 
subparagraph 1(b)  Article XVI:2(b) 
subparagraph 1(c)  Article XVI:2(e) 
subparagraph 1(d)  Article XVI:2(c) 
subparagraph 1(e)  Article XVI:2(d) 
subparagraph 1(f)  Article XVI:2(f) 
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(g)  Article XVI:2(f) 
subparagraph 2(a)   
subparagraph 2(b)  Article IX:13 
Article IX:14 
subparagraph 2(c)  Article XVI:1 
paragraph 3  Article XVI:1 
paragraph 4  Article XVII:2 
Article XVII:3 
Article XVII:4 GPA/TN1994/4/Rev.11  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article XIX  
Information and Review as Regards Obligations 
of Parties   
paragraph 1 , first sentence  Article VI(a) 
paragraph 1, second sentence  Article VI(b) 
paragraph 2  Article XVII:1 
paragraph 3  Article XVII:1 
paragraph 4  Article XVII:3 
Article XVII:4 
paragraph 5 chapeau  Article XVI:4 chapeau  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a) 
subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XVI:4(b) 
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a) 
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XVI:4(b) 
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a) 
subparagraph 5(c), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XVI:4(b) 
subparagraph 5(d), first clause ("for entities in 
Annex  1,...")  Article XVI:4(a) 
subparagraph 5(d), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XVI:4(b) 
paragraph 5, final paragraph ("To the extent that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVIII:2 
paragraph 2  Article XVIII:1 GPA/TN1994/4/Rev.11  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article XVIII:1 
paragraph 4  Article XVI:3 
paragraph 5  Article XVIII:3 
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVIII:4 
Article XVIII:5 
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVIII:6 chapeau  
subparagraph 6(a)  Article XVIII:6(b) 
subparagraph 6(b)  Article XVIII:6(c) 
subparagraph 6(c)  Article XVIII:6(d) 
subparagraph 6(d)  Article XVIII:6(e) 
subparagraph 6(e)  Article XVIII:6(a) 
subparagraph 6(f)  Article XVIII:6(f) 
subparagraph 6(g)  Article XVIII:6(a) 
paragraph 7 chapeau  Article XVIII:7 chapeau  
subparagraph 7(a)  Article XVIII:7(a) 
subparagraph 7(b)   
subparagraph 7(c)  Article XVIII:7(b) 
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XXI:1 
paragraph 2  Article XXI:2 
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XX:3 chapeau  GPA/TN1994/4/Rev.11  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2 , first and second sentences  Article  XX:2 
paragraph 2, third sentence  Article XX:1 
paragraph 3  Article XX:3(a)-(b) 
Article XX:4 
paragraph 4   
paragraph 5  Article XX:3(c) 
paragraph 6   
paragraph 7  Article XX:3(d)  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article III:1 
paragraph 2  Article III:2 
Article III:3 
Article XXIV  
Final Provisions   
paragraph 1  Article XXII:1 
footnote 8  Article XXII:1 
paragraph 2  Article  XXII:3 
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XXII:2 
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article  XXII:4 
subparagraph 5(a)  Article XXII:5 GPA/TN1994/4/Rev.11  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 5(b)  Article XXII:6 
subparagraph 6(a) , first sentence  Article XIX:1 
Article X IX:2 
subparagraph 6(a) , second sentence  Article XIX:15 
subparagraph 6(a) , third sentence  Article X IX:16 and footnote 1  
subparagraph 6(a) fourth sentence  Article XIX:3 
Article XIX:4 
subparagraph 6(a) , fifth sentence  Article XIX:5-12 
subparagraph 6(b), first sentence  Article X IX:1 
Article X IX:2 
subparagraph 6(b), second sentence  Article X IX:15 
Article XIX:16 and footnote 1  
subparagraph 6(b), third and fourth sentence  Article X IX:5-14 
subparagraph 7(a)  Article XXII:7 
subparagraph 7(b)  Article XXII:8 
subparagraph 7(c)  Article XXII:9 
paragraph 8  Article II:1  
Article  V:3 
Article XIV 
paragraph 9  Article XXII:12 
subparagraph 10(a)  Article XXII:13 
subparagraph 10(b)  Article XXII:14 
paragraph 11  Article XXII:15 
paragraph 12  Article XXII:16 
paragraph 13  Article XXII:17 
paragraph 14  Article XXII:18 
paragraph 15  Article XXII:19 GPA/TN1994/4/Rev.11  
 
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 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Closing paragraph   
closing paragraph (" Done at Marrakesh ...")  closing paragraph  ("Done at [ ]...")  
NOTES   
first paragraph ("The terms 'country'  or 'countries'...")  Article I:(d), definition of country or countries  
second paragraph ("In the case of a separate...")  Article I:(d), definition of country or countries  
Article I, paragraph 1   
third paragraph ("Having regard...")  Article II:5 (a)-(m) 
APPENDIX  I, ANNEX  5  
Definition  Article I:(c), definition of construction services 
contract  
 
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