RESTRICTED  
  
GPA/TN1994/4/Rev.4  
4 April 2005 
(24-2811) Page: 1/100 
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 16  MARCH  2005*,** 
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 16  March  2005 (as reflected in Job  No. 2195, dated 
4 April 2005) 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 pr ovisions of the 
1994 Agreement in their sequence and the numbering of the corresponding provisions in the 
revised draft text.  
 
_______________  
 
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs1 67) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Preamble  
Article  I Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV Publication of Procurement Information  
Article  V Publication of Notice of Intended 
Procurement  
Article  VI Time-Periods for Tendering  
Article  VII Information on Intended Procurements  
Article  VIII [Conditions for Participation]JPN 
[Qualification o f Suppliers]EC,US,NOR,CDA  
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
Article  XIbis Use of Electronic Means  
Article  XII Transparency of Contract Award 
Information  
Article  XIII Non-Disclosure of Information  
Article  XIV Developing Countries  
Article  XV Exceptions to the Agreement  
Article  XVI Modifications and Rectifications to 
Coverage  
Article  XVII Domestic Review of Supplier Challenges  
Article  XVIII Consultations and Dispute Settlemen t 
Article  XIX Institutions  
Article  XX 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 D ispute 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 
internatio nal 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 o f 
world trade and improving the international 
framework 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 discriminate among 
foreign suppliers, goods 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 protection 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;  
  
Recognizing  that the procedural commitments under 
this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each 
Party;  
  GPA/TN1994/4/Rev.4  
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  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 procure ment and to 
maintain the 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;]1 [NB: To be revised in light of revision 
of relevant provisions related to developing 
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 desirability of transparent measures 
regarding government procurement and the 
importance of carrying out procurements in a 
transparent and impartial manner, avoiding conflict of 
interest and corrupt practices, in accordance with 
relevant in ternational instruments;  
  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 mutu al 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 Agree ment by governments not 
party to it;  
 
Having undertaken  further negotiations in pursuance 
of these objectives;  
  Having  undertaken  further negotiations in 
pursuance of these objectives;  
 
Hereby agree  as follows:  
  Hereby agree  as follows:  
 
 
 
1 Unattributed brackets [ ] indicates language that Parties are still considering.  GPA/TN1994/4/Rev.4  
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Article  I 
Definitions  
  
For purposes of this Agreement:  
  
(a) [build -operate -transfer contract  and 
public works concession contract mean  
any contractual arrangement the primary 
purpose of which is to provide for the 
construction or rehabilitation of physical 
infrastructure, plant, buildings, 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 the duration of the contract;]US 
[Market Access Issue ] 
  
(b) commercial goods and services  mean 
goods and  services with characteristics 
similar to those of goods and services that 
are sold or offered for sale to, and 
customarily purchased by, 
non-governmental buyers for 
non-governmental purposes ; it includes 
goods and services  with modifications 
customary in the commercial marketplace 
[as well as minor modifications not 
customarily available in the commercial 
marketplace that do not significantly alter 
the non -governmental function or essential 
physical characteristics or change the 
purpose]US,CDA; 
  
(c) cons truction services contract  means a 
contract that has as its objective the 
realization by whatever means of civil or 
building works[, in the sense of Division 51 
of the Provisional U.N . Central Product 
Classification (CPC)] ; [Bracketed 
Language - Market Access Issue ] 
 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 
this Agreement . In the case of a separate 
customs territory that is a Party to this 
Agreement, where an expression  in this 
Agreement is qualified by the te rm 
"national", such expression shall be read as 
pertaining to that customs territory, unless 
otherwise specified;  
 Notes  
 The terms "country" or "countries" as used in 
this Agreement, including the Appendices, are to be 
understood to include any separate c ustoms 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.4  
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(f) [[electronic auction  means an iterative 
process involving electronic means for the 
presentation of new prices]CDA,SWI,US,EC [or 
revised downwards,]EC [or new values 
concerning certain elements of 
tenders[.]CDA]CDA,SWI,US,EC [, which 
[occurs]EC,KOR [may occur]US after an initial 
[full]EC,SWI evaluation of the tenders, 
enabling them to be ranked using 
automatic evaluation 
methods]EC,US,KOR,SWI;]EC,US,KOR,CDA,SW I [NB: 
According to the EC, for an electronic 
auction to take place, without running 
the risk of discrimi nation, it is 
necessary that an initial full evaluation 
of the tenders has taken place prior to 
the launching of the electronic auction 
and the subsequent application of the 
mathematical formula.]  
  
(g) [electronic means  means  [using 
[electronic equipment]EC [hardware and 
software  configured] for the electronic]EC 
processing (including digital compression) 
and storage of data that is transmitted, 
conveyed and received by Internet, by 
wire, by radio, by optical means or by other  
electromagnetic means;]EC,US [NB: Japan 
reserves its position on this definition 
because of its links to other 
provisions.]  
  
(h) in writing  or written  means any worded 
or numbered expression  that can be read, 
reproduced and later communicated . It 
may in clude electronically transmitted and 
stored information;  
  
(i) limited tendering  means a procurement 
method where the procuring entity contacts 
a supplier or suppliers of its choice , only 
under the circumstances specified in 
Article  X; [NB: Japan and Canada 
propose to delete this definition.]  
 Article  VII:3 
For the purposes of this Agreement:  
[...] 
(c) Limited tendering procedures are those 
procedures where the entity contacts 
suppliers individually, only under the 
conditions specified in Article  XV. 
 
(j) measure  means any law, regulation, 
procedure, [or any action of a procuring 
entity relating to a covered 
procurement]EC,US,NOR,KOR,SWI [requirement 
applied in a particular procurement,]HKC 
administrative  guidance or practice;  
  
(k) 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;  
  
(l) notice of intended procurement  means 
a notice publish ed by a procuring entity in 
accordance  with Article  V inviting 
interested suppliers to submit tenders;  
  GPA/TN1994/4/Rev.4  
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(m) offsets  in government procurement means 
any [measures,]CT conditions or 
undertakings that encourage local 
development or improve a Party's 
balance -of-payments accounts, such as the 
use of domestic content, domestic 
suppliers, the licensing of technology, 
technology transfer, investment, 
counter -trade and similar actions [unless 
such conditions or undertakings are 
necessary to enable the contracts to be 
performed]HKC; [NB: Hong Kong, China is 
concerned that the addition of 
"domestic suppliers" and, along with 
Korea and Israel, that "technology 
transfer" expands the scope of 
offsets.]  
 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.  
 
(n) open tendering  means a pro curement 
method where all interested  suppliers 
may submit a tender ; [NB: Japan and 
Canada propose to delete this 
definition.]  
 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.  
 
(o) person  means a natural person or a 
juridical person;  
  
(p) [procurement  means the process  by 
which a [government]US [procuring 
entity]JPN,CT obtains the use of or acquires 
goods or services, or any combination 
thereof, for governmental purposes and not 
with a view to commercial sale or resale, or 
use in the production or supply of goods or 
services for commercial sale or resale;]JPN,US 
[Market  Access Issue ] 
  
(q) procuring entity  means an entity covered 
under Annexes 1, 2 and 3 of Appendix I of 
each Party;  
  
(r) 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. ...  
 
(s) [recurring contracts  mean contracts  
that are related to the regular purchase of 
the same goods or services [for an 
individual requirement]SWI [and that are not 
subject to a framework 
agreement/purchasing system]EC,NOR]EC,NOR; 
  GPA/TN1994/4/Rev.4  
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(t) selective tendering  means a procurement 
method where only suppliers satisfying the 
conditions  for participation are invited by 
the procuring entity to submit a tender ; 
[NB: Japan and Canada propose to 
delete this definition.]  
 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.  
 
(u) services  includes construction services, 
unless otherwise  specified;  
  
(v) standard  means a document approved by 
a recognized body, that provides, for 
common and repeated use, rules, 
guidelines or characteristics for products or 
services or related processes and 
production methods, with which  
compliance is not mandatory . It may also 
include or deal exclusively with 
terminology, 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 recogn ized 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 terminolo gy, symbols, 
packaging, marking or labelling requirements as they 
apply to a product, service, process or production 
method.  
 
(w) supplier  means a person or group of 
persons that provides or could provide 
goods or services;  
  
(x) 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.  GPA/TN1994/4/Rev.4  
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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 by electronic means]EC. [NB: The EC 
proposes this as an alternative to Article 
XIbis:1.]  
. 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.  
 
Article XXIV:8  
Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Par ties 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 tha t 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 rela ting 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.  
 
2. For the purposes of this Agreement, covered 
procurement m eans procurement:  
 
(a) of goods, services, or any combination 
thereof, as provided for in Appendix I;  
 
(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 concessions for public 
works contracts;]US [with or without 
utilization of the funds and the 
managerial or technical ability of the 
private sector]JPN; [Bracketed 
Language – Market Access Issue ] 
 Article II  
 
2. This Agreement applies to procu rement by any 
contractual means, including through such methods 
as purchase or as lease, rental 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 wi th paragraph  6, equals or 
exceeds the relevant threshold specified 
in [Appendix  I], at the time of 
publication of a notice in accordance 
with Article  V; [Bracketed Language 
– Market Access Issue ] 
 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 o f the notice in accordance with Article IX.  
 
[(d) by a procuring entity[ ; and 
 
(e) that is not excluded from coverage by 
this Agreement.]US,EC,JPN,NOR,SWI,ISR  
 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.  GPA/TN1994/4/Rev.4  
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[2bis. Without prejudice to Article  [Exceptions], this 
Agreement applies to any procurement:  
 
(a) of central government entities where 
the value is estimated to equal or 
exceed:  
- [] SDR for contracts for supply of 
goods and services;  
- [] SDR for contracts for 
construction services;  
 
(b) of sub -central government entities 
where the value is estimated to equal or 
exceed:  
- [] SDR for contracts for supply of 
goods and servi ces; 
- [] SDR for contracts for 
construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is estimated to 
equal or exceed:  
- [] SDR for contracts for supply of 
goods and services;  
- [] SDR for contracts for 
construction services.]EC 
[Market Access Issue ] [NB: Korea does not 
support the text (2 bis) proposed by the EC.]  
 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.  
3. For each Party, Appendix  I shall be divided into 
five Annexes:  
 
(a) Annex  1 specifies the central 
government entities whose 
procurement is covered by this 
Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose 
procurement is covered by this 
Agreement;  
 
(c) Annex  3 specifies all other entities 
whose procurement is covered by this 
Agreement;  
 
(d) Annex  4 specifies the services covered 
by this Agreement ; and 
 
(e) Annex  5 specifies the construction 
services covered by this Agreement.  
 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.  
 
 Relevant thresholds are specified in each 
Party's Annexes.  
 GPA/TN1994/4/Rev.4  
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Compliance   
4. Each Party shall [take such reasonable 
measures as may be available to it to]CDA,HKC ensure 
that the procuring entities listed in its Appendix  I 
comply with the provisions of [Articles  VII to X of]CDA 
this Agreement in conducting covered procurement.  
[NB: The EC, the US, Switzerland, Singapore, 
Japan, Norway and Korea have reservations on  
the bracketed language.]  
 Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
 
5. Where a procuring entity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procure in accordance with particular 
requirements, Article  III shall apply mutatis  mutandis  
to such requirements.  
 Article  I 
3. Where entities, i n 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.  
 
Valuation  Article  II 
Valuation of Contracts  
 
6. 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 contracts2 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.  
 
(a) neither divide a procurement into 
separate procurements nor select or 
use a particular valuation method for 
estimating the value of a procurement 
with the intention of totally or partially 
excluding it from the application of this 
Agreement;  
 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.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(b) include the maximum total estimated 
value of the procurement over its entire 
duration[, whether awarded to one or 
more suppliers]EC,SWI,NOR, taking into 
account [all forms of remunerations, 
including]EC premiums, fees, 
commissions, interest [and other 
revenue stream s that may be provided 
for in such contracts] [Market  Access 
Issue ] and, where the procurement 
provides for the possibility of option 
clauses, the total maximum value [or 
total maximum estimated value] of the 
procurement, inclusive of optional 
purchases[, and any estimated residual 
value in the case of leases, rentals and  
hire purchases ; and]CDA,US]CDA,US,EC,JPN 
 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
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.  
 
5. In cases of contracts for the lease, rental or 
hire purchase of products or services, or in the case 
of contracts which d o not specify a total price, the 
basis for valuation shall be:  
 
(a) in the case of fixed -term contracts, 
where their 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) in the case of contracts for an indefinite 
period, the monthly instalment 
multiplied by  48. 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
 
[(c) deem the procurement to be covered if 
the scope of the work or the period of 
the contract is indefinite.]CDA,US  
 
[NB: C anada is proposing that 
subparagraphs  6(b) and (c) also replace 
paragraphs  7 and 8. The EC considers Canada's 
proposal to relate to market access as it would 
change coverage.]  
 5. In cases of contracts 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 for valuation shall be:  
 
(a) in the case of fixed -term contracts, 
where their ter m 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) in the case of contracts for an indefinite 
period, the monthly instalment 
multiplied by 48. 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[7. In the case of recurring contracts, the 
calculation of the estimated value shall be based on 
the total of:  
 
(a) the actual aggregate value of 
recurring contracts of the same type 
awarded during the preceding 
12 months or fiscal year, adjusted 
where possible to take account of 
anticipated changes in quantity or 
value over the subsequent 
12 months ; or 
 
(b) the estimated aggregate value of 
recurring contract s to be awarded 
during the 12  months subsequent to 
the initial contract or during the 
procuring entity's fiscal year, 
whichever is greater.]EC,SWI,KOR 
[NB: Canada considers the EC's proposal, read in 
conjunction with the new proposed definition of 
recurrin g contracts, to relate to market access 
as it would change coverage . The EC considers 
that this is a mere restatement of Article  II:4 of 
the GPA.]  
 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 actual value of similar 
recurring contracts concluded over 
the previous fiscal year or 12 
months adjusted, where possible, 
for anticipated changes in quantity 
and val ue over the subsequent 12 
months ; or 
 
 (b) the estimated value of recurring 
contracts in the fiscal year or 12 
months subsequent to the initial 
contract.  
 
[8. In the case of procurement by lease, rental or 
hire purchase of goods or services, or procurement 
for which a total price is not specified, the basis for 
valuation shall be, with respect to:  
 
(a) fixed-term contracts, where the 
term is 12  months or less, the total 
contract value for their duration, or, 
where the term exceeds 12  months, 
the total value including any 
estimated residual value ; or 
 
(b) contracts for an indefinite period, 
the monthly instalment multiplied by 
48. Where there is doubt as to 
whether the contract is to be a 
fixed-term contract, this basis for 
valuation shall be 
used.]EC,JPN,NOR,US,KOR,SWI 
 5. In cases of contracts 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 for valuation shall  be: 
 
 (a) in the case of fixed -term 
contracts, where their 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) in the case of contr acts for an 
indefinite period, the monthly 
instalment multiplied by 48.  
 
If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  III 
General Principles  
  
Article  III 
National Treatment and Non -discrimination  
 
National Treatment and Non -Discrimination   
1. With respect to any measure and any covered 
procurement, 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 less favourable 
than the treatment the Party, including its procuring 
entities, accords to:  
 
(a) domestic goods, services and 
suppliers ; and 
 
(b) goods, services and suppliers of any 
other Party.  
 1. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall provide immediately and unco nditionally to the 
products, services and suppliers of other Parties 
offering products or services of the Parties, treatment 
no less favourable than:  
 
 (a) that accorded to domestic 
products, services and suppliers ; 
and 
 
 (b) that accorded to products, 
services and suppliers of any other 
Party.  
 
Article  VII 
1. Each Party shall ensure that the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
 
2. With respect to any measure and any covered 
procurement, neither a Party nor a procuring entity 
shall:  
 
(a) treat a locally established supplier 
less favourably than another locally 
established supplier on the basis of 
degree of foreign affiliation or 
owne rship; nor 
 
(b) discriminate against a locally 
established supplier on the basis 
that the goods or services offered by 
that supplier for a particular 
procurement are goods or services 
of any other Party.  
 Article  III 
2. With respect to all laws, regulation s, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall ensure:  
 
 (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 
 
 (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 
provisions of Article  IV. 
 
Procurement Methods  
 Article  VII 
Tendering Procedures  
 
3. A procuring entity shall conduct covered 
procurement in a manner that is consistent with this 
Agreement, and, e xcept where specifically provided 
otherwise in this Agreement, in a transparent and 
impartial manner[, using methods such as open 
tendering, selective tendering and limited tendering].  
 1. Each Party shall ensure that the tendering 
procedures of its entiti es are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
[new subheading]  
  
3bis. [A procuring entity [in Annex  1]JPN shall ensure 
that the impartiality of its procurement process may 
not be affected by family ties, business links, cross 
representation or other reasons that may cause a 
conflict of interest, in accordance with the measures 
of the Party of the procuring en tity.]JPN,KO R [A procuring 
entity shall ensure that the impartiality of the 
procurement process is not affected by a procurement 
official's personal interests, such as family ties or 
business links.]NOR 
  
Rules of Origin  
 Article  IV 
Rules of Origin  
 
4. 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 o r 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 question 
to imports or supplies of the same products or 
services from the same Parties.  
 
Offsets  
 Article  XVI 
Offsets  
 
5. With regard to covere d procurement, a 
procuring entity shall not seek, take account of, 
impose or enforce offsets in the qualification and 
selection of suppliers, goods or services, in the 
evaluation of tenders, or in the award of 
contracts[.]HKC [, [prior to or]US,CDA in the course of a 
procurement process]US,CDA,EC. 
 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 P rocurement  
  
6. The provisions of paragraphs  1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties and charges, other 
import regulations or formalities, and meas ures 
affecting trade in services 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.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IV 
Publication of Procurement Information  
  
Each Party shall:  
 
(a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of general 
application, standard contract 
clauses that are mandated by law or 
regulation and are incorporated by 
reference in notices and tender 
documentation and procedure 
regarding covered procurement, 
and any modifications thereof, in 
officially designated electronic or 
paper media that are widely 
disseminated and remain readily 
accessible to the public and that are 
in the appropriate publications listed 
in Appendix  IV; and 
 
(b) provide an explanation thereof to 
any Party, on request.  
 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 this 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 . Each 
Party shall be prepared, upon request, to explain to 
any other Party its government procurement 
procedures.  
 
Article  V 
Publication of Notice of Intended Procurement  
  
Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in the 
circumstances described in Article  X, a procuring 
entity shall publish a notice of intended procurement . 
The notice shall be published in the appropriate 
publication listed in Appendix  II. The notices shall be 
in electronic or paper media that are widely 
disseminated and remain readily accessible to the 
public.  [[For procuring entities in Annex  1,]JPN,KOR,US 
[In all cases,]EC,NO R,SWI the notices [where 
electronic]JPN,US shall [always]EC,NOR be 
[electronically]EC,NOR accessible free of charge through 
a single point of access].EC,NOR,KOR,SWI,JPN,U S [Procuring 
entities in Annexes  2 and 3 shall be encouraged to 
make such publications available free of charge 
through a single point of access.]US,JPN] 
 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 Articl e 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. Each notice of inten ded procurement shall 
include:  
 6. Each notice of proposed procurement, 
referred to in paragraph  2, shall contain the following 
information:  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the name and address of the 
procuring entity and other 
information necessary to contact the 
procuring entity and obtain all 
relevant documents relating to the 
procurement, and their cost and 
terms of payment, if any;  
  (e) the address of the entity 
awarding the contract and 
providing any information 
necessary for obtaining 
specifications and othe r 
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 know n, the estimated 
quantity;  
 6. (a) the nature and quantity, […]  
 
- [whether the procuring 
entity is inviting offers for 
purchase, lease, rental or 
hire purchase, or more 
than one of these 
methods;]EC 
 6. (h) whether the entity is inviting 
offers for purchase, lease, rental or 
hire purchase, or more than one of 
these methods.  
 
 
- [any options for further 
procurement and, if 
possible, an estimate of 
when such options may be 
exercised;]EC 
 6. (a) ... including any options for 
further procurement and, if 
possible, an estimate of the timing 
when such options may be 
exercised ...;  
 
- [for recurring contracts, if 
possible, an estimate of the 
timing of subsequent 
notices of intended 
procurement;]EC [NB: The 
EC could delete the first 
two ti rets and accept (c) 
if other Parties could 
accept this tiret.]  
 6. (a) ... 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;  
 
[(c) any options;]CDA,NOR,US,JPN 6. (a) ... including any options for 
further procurement and, if 
possible, an estimate of the timing 
when such options may be 
exercised ...;  
 
[(c)]EC[(d)]CDA,NOR,US 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;  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(d)]EC[(e)]CDA,NOR,US the procurement 
method that will be used and 
whether it will involve negotiation  
[or the use of electronic means]EC 
[or electronic auction and any 
requirement that tenders be 
submitted by electronic 
means]CDA,US,JPN,NOR; [NB: The EC 
considers that the second 
bracketed language is too 
limitative and does not cover all 
situations where electronic 
means  can be used . In any 
event, the EC considers that the 
bracketed language should be 
located in Article  XIbis:2(a).]  
 6. (b) whether the procedure is open 
or selective or will involve 
negotiation;  
 
[(e)]EC[(f)]CDA,NOR,US the address and the 
time-limits for the submission of 
tenders and, where applicable, any 
time-limits for the submission of 
applications to qualify for 
participation in the procurement;  
 
[(f)]EC[(g)]CDA,NOR,US the language or 
languages in which tenders or 
applications must be submi tted, if 
other than an official language of 
the Party of the procuring entity;  
 6. (d) the address and 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;  
 
[(g)]EC[(h)]CDA,NOR,US a list and brief 
description of any conditions for 
participation of suppliers [, including 
any specific documents or 
certifications required from 
suppliers in connection 
therewith]EC,CDA,ISR,US,SWI,NOR[, unless 
such information is already included 
in the tender documentation, which 
is available at the same time as the 
notice of intended procurement]JPN; 
 6. (f) any economic and technical 
requirements, financial guarantees 
and information required from 
suppliers;  
[(h)]EC[(i)]CDA,NOR,US where, pursuant to 
Article  VIII, a procuring entity 
intends to select a limited number 
of qualified suppliers to be invited to 
tender, the criteria that will be used 
to select them  and, where 
applicable, any limitation on the 
number of suppliers that will be 
permitted to tender ; and 
  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(i)]EC[(j)]CDA,NOR,US an indication that the 
procurement is covered by this 
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,  
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:  
 
(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 applications to qualify 
for participation in the procurement 
or for inclusion on a multi -use list;  
 (b) the time-limits set for the 
submission of tenders or an 
application to be invited to tender ; 
and 
 
(c) [a list or a brief description of any 
conditions for participation;]EC and 
  
[(d)]EC the addresses from which documents 
relating to the procurement may be 
requested.  
[NB: Korea and Japan consider that the 
summary notice shall apply even if the notice of 
intended procurement is published in a WTO 
language.]  
 (c) the addresses from which 
documents relating to the 
contracts may be requested.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to publish as 
early as possible in each fiscal year a notice regarding 
each procuring entity's 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 . When the 
published information is in accordance with 
Article  VI:3 (a), a procuring entity may apply 
Article  VI:3 for the purpose of establishing shorter 
time-periods for tendering of a covered procurement.  
 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 sup pliers 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. 
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VI 
Time -Periods for Tendering  
  
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 [of other Parties as well as 
domestic suppliers].  [NB: The Parties are 
examining the reference to the suppliers of 
other Parties as well as domestic suppliers 
throughout the Agreement.] 
 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 thei r 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 applications to be 
invited to tender.  
 
Deadlines  
 Deadlines  
 
2. Except as provided for in paragraphs  3 and 4, 
a pro curing entity shall establish that the final date 
for the submission of tenders shall not be less than 
40 days:  
 
(a) from the date on which the notice of 
intended procurement is published 
and the tender documentation is 
made available ; or 
 2. Except in so far as provided 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; 
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) where [the entity has used 
procedures provided fo r in 
Article  VIII:[...] [, whether or not it 
uses a multi -use list,]] [suppliers 
are required to meet conditions for 
participation in advance of the 
tendering process,]CDA [suppliers 
who meet conditions for 
participation are invited to submit a 
tender]JPN from the date on which 
the entity [initially]JPN notifies 
suppliers [that] they will be 
[permitted] [invited]JPN to submit 
tenders [to the final date for the 
submission of tenders].  
  (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 
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. 
 
3. Under the following circumstances, a procuring 
entity ma y establish a time -period for tendering that 
is less than 40  days, but is in no case less than 
10 days, from the publication of a notice of intended 
procurement or an invitation to submit tenders : [The 
same shall apply to the 25 -day requirement for 
submitt ing applications specified in 
Article  VIII:[ Selective Tendering ](3).]CT,JP N [NB: The 
EC considers that the last bracketed text is 
addressed in Article VIII:[ Selective 
Tendering ](3).]  
 3. The periods referred to in paragraph 2 may be 
reduced in the circumstances 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;  
 
2. (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 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;  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) where the procuring entity 
published [a separate notice, 
including]US,CDA,JPN a notice of 
planned procuremen t under 
Article  V:4 at least 40  days and not 
more than 12  months in advance, 
and such notice contains:  
 
 (i) a description of the 
procurement;  
 
 (ii) the approximate 
time-limits for the 
submission of tenders or 
requests for participation;  
 
 (iii) a statement that 
interested suppliers should 
express their interest in 
the procurement to the 
procuring entity ; and 
 
 (iv) the address from which 
documents relating to the 
procurement may be 
obtained[ ; and 
 
 (v) as much of the information 
that is required un der 
Article  V:2 for the notice of 
intended procurement, as 
is available;]EC,US,CDA,NOR; 
 3. (a) if a separate notice has 
been published 40 days and not 
more than 12 months in advance 
and the notice contains at least:  
 
(i) as much of the information 
referre d 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) where a procuring entity publishes a 
second or subsequent notice 
[relating to contracts of a recurring 
nature]US based on an initial 
agreement or contract;]HKC,EC ,US 
 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;  
 
[(c)] [where the procuring en tity 
procures commercial goods or 
services;]JPN,CDA,U S and 
  
[(c)/(d)]  where a state of urgency duly 
substantiated by the procuring 
entity renders impracticable the 
periods specified in paragraph  2. 
 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.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. A procuring entity may reduce the time -period 
of 40  days by [no more than a total of]ISR [an 
increment of] five  days for [each] one [or more]ISR of 
the following circumstances:  
 
(a) the notice of intended procurement 
is published electronically ; [or]ISR 
 
(b) the [complete]EC tender 
documentation is made available 
electronically from the date of the 
publication of the notice of intended 
procurement ; [and] 
 
[(c) the tenders can be received 
electronically by the procuring 
entity]US,CT,CDA,HKC,JPN,KOR. 
  
5. [The use of paragraph  4, in conjunction with 
paragraph  3, shall in no case result in the reduction 
of those time -periods to less than 10  days from the 
date on which the notice of intended procurement is 
published.]EC,SWI,NOR,KOR,JPN  
  
[6. Notwithstanding any other 
time-periods in this Article, where a procuring entity 
is purchasing commercial goods or services [and the 
notice of intended procurement and the tender 
documents are published electronically, and the 
tenders may be received elect ronically]EC,US,SWI,CDA, the 
entity may reduce the time -period to no less than 
[10]SWI,EC [5]US,KOR [three]CDA,HKC days, provided such 
time is sufficient to allow suppliers to submit 
responsive electronic tenders.]CDA,EC,US,SWI,NOR 
  
[7. 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 p eriod 
shall not be less than 10  days.]CDA,US,EC,HKC,SWI,ISR,NOR 
 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 periods which shall 
be sufficiently long to enable 
responsive tendering and shall in 
any case not be less than 10 days.  
 
 
Article  VII 
Information on Intended Procurements  
  
Article  XII 
 
Tender Documentation  
 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.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. A procuring entity shall provide to supplie rs 
tender documentation that includes all information 
necessary to permit suppliers to prepare and submit 
responsive tenders . Unless already provided in the 
notice of intended procurement, such documentation 
shall include a complete description of:  
 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 fulfilled, 
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;  
 
(c) all criteria, including any cost 
factors, to be considered in the 
awarding of the contract, and 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 th e 
case of products or services of 
other Parties, customs duties and 
other import charges, taxes and 
currency of payment;  
 
[(c)bis where the evaluation will include an 
electronic auction, the rules under 
which the auction will be conducted, 
the values on which the auction will 
be based, and the criteria to be 
used in determining the ranking of 
the tenders;]CDA [NB: The United 
States and Japan support the 
location of this provision but are 
still examining the wording.]  
  [NB: The European Communit ies 
disagree with the location of 
this subparagraph, and consider 
that it should be located in 
Article  XI:bis. As to the 
substance, the European 
Communities consider that this 
provision is too narrow and not 
accurate because:  
 - it mentions the 'rules' und er 
which the auction will be  GPA/TN1994/4/Rev.4  
- 25 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
conducted and not also the 
'conditions' which can be 
different (e.g., what is an 
admissible tender, how much 
time will elapse?);  
 - it refers to the 'values' on 
which the auctions will be 
based, while it would be 
more adequate to refer to 
'features' (e.g., in the case of 
auctions based on 
economically most 
advantageous tender);  
 - it does not specify that the 
'features' must be 
quantifiable and can be 
expressed in figures or 
percentages (Canada's 
proposal seems to refer only 
to auctions based on the 
price);  
 
 - it does not mention the 
mathematical formula to be 
used for the ranking of 
tenders when it is based on 
features of the economically 
most advantageous tender;  
 - full prior evaluation before 
the auction is run is a 
prerequisite : in the case of 
the economically most 
advantageous tender it is 
impossible to conduct an 
e-auction without 
preliminary evaluation and 
incorporation of the data to 
the algorithm ; and 
 - it is not accurate to refer to 
'criteria' for ranking . Ranking 
is automatically determined 
on the basis of new values or 
prices, whereas 'criteria' stay 
the same throughout the 
procurement process.]  
 
(d) where there will be a public opening 
of tenders, the date, time and place 
for the opening and, where 
appropr iate, 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;  
 
[(e) any information necessary to permit 
suppliers to use the tender  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
documentation and submit a 
responsive tender  where  
 
 (i) the tender documentation is 
available through electronic means;  
 
 (ii) electronic means [are 
available for]CT [must be 
used in]US,CDA preparing the 
tender ; or 
 
 (iii) [the tender must be 
submitted through]US,CDA 
electronic means [are 
available for submission of 
tenders]CT; and]US,CDA  
[NB: The EC considers this 
provision to be too narrow in 
comparison with 
Article  XIbis:2(c), and that the 
matter is best addressed in that 
latter provision . A s such, 
paragraph  (e) as proposed does 
not seem to have much added 
value with respect to the 
general principle already stated 
in the chapeau of this Article . 
The reason for being specific in 
the case of e -procurement 
would be to provide for more 
detail and  to cover more than 
simply the preparation and 
sending of tenders.  
- In this perspective, 
"information necessary to 
permit suppliers to use the 
tender documentation and 
submit a responsive 
tender" does not cover 
"information necessary to 
meet the specifica tion for 
using the necessary means 
and tools" as included in 
Article  XIbis. Indeed, the 
second formulation covers 
also the specifications for 
individual connection and 
everything that is at an 
earlier stage than simply 
access to the tender 
documentation an d 
submission of tenders.  
- There is no distinction in 
the Canadian formulation 
between the connection GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
necessary for participating 
in an e -auction and the 
device for receiving 
tenders.  
- There are no checks and 
balances as to the nature of 
the electronic me ans and 
tools to be used.  
- There are no minimum 
conditions for establishing 
the mechanism for 
receiving tenders in order 
to ensure equal treatment 
and non -discrimination of 
suppliers.  
- The condition that 
information must be made 
"available to interested 
Parties" in addition to being 
included in the tender 
documentation is missing . 
This, added to the fact that 
the Canadian proposal 
refers to "suppliers" instead 
of "potential suppliers", 
could lead to the 
information being circulated 
only to the suppliers t hat 
are already 
introduced/connected/sele
cted.]  
 
[(e)/(f)]  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.  
  (a) the address of the entity to 
which tenders should be sent;  
 
 (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 
  (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 o f that 
Article, will be entertained.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. In establishing any delivery date for the goods 
or services being procured, a procuring entity shall 
take into account such factors as the complexity of 
the procurement, the extent of subcontracting 
anticipated and the realistic time required for 
production, de -stocking and transport of goods from 
the points of 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 f or supply of services.  
 
3. 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 information 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.  
 
Technical Specifications  
 Article  VI 
Technical Specifications  
 
4. A procuring entity shall not prepare, adopt or 
apply any technical specification or prescribe any 
conformity assessment procedure with the purpose or 
the effect of creating unnecessary obstacles to 
international trade.  
 1. Technical spe cifications ... shall not be 
prepared, adopted or applied with a view to, or with 
the effect of, creating unnecessary obstacles to 
international trade.  
 
5. In prescribing the technical specifications for 
the goods or services being procured, a procuring 
entity shall, where appropriate:  
 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 ; a nd 
[NB: The EC would prefer using 
"or" instead of "and" at the end 
of this sentence.]  
  (a) be in terms of performance 
rather than design or descriptive 
characteristics ; and GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) base the technical specification on 
international standards, where such 
exist otherwise, on national technical 
regulations, recognized national 
standards or building codes[, 
provided that the notice of intended 
procurement or the tender 
documentation shall  state that 
equivalent solutions shall be 
considered].EC,SWI 
  (b) be based on international 
standards, where such exist ; 
otherwise, on national technical 
regulations3, recognized national 
standards4, or building codes.  
 
[5bis. Procuring entities [shall] [may] consider 
tenders which do not comply with the design or 
descriptive characteristics of the technical specification 
but do demonstrably meet the requirements thereof 
and are fit for the purposes intended . In this case, the 
reference to the tec hnical specifications in the tender 
documentation must include words such as "or 
equivalent".]EC,KOR 
  
6. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular 
trademark or trade name, patent, copyright, des ign or 
type, specific origin, producer or supplier, unless there 
is no other sufficiently precise or intelligible way of 
describing the procurement requirements and provided 
that, in such cases, words such as "or equivalent" are 
included in the tender docu mentation.  
 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 sufficiently precise or intelligible way of 
describing the procurement requirements and 
provided that words such as "or equivalent" are 
included in the tender documentation.  
 
7. A procuring entity shall not seek or accept, in a 
manner that would have the effect of precluding 
competition, advice that may be used i n 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 compe tition, 
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.  
 
[8. For greater certainty, this Article is not intended 
to preclude a Party from preparing, adopting, or 
applying technical specifications to promote the 
conservation of natural resources or protect the 
environment [provided that such technical 
specifications are consistent with 
paragraphs  4 through  7].JPN,EC]JP,EC,US,SWI,NOR,HK C [NB: 
Chinese Taipei reserves its position on the last 
bracket.]  
  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Modifications  
  
9. Where, prior to the award of a contract, a 
procuring entity modifies the criteria or technical 
requirements set out in a notice or tender 
documentation provided to participating suppliers, or 
amends or reissues a notice or tender 
documentation, it 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 information ; 
and 
 
(b) in adequate time to allow such 
suppliers to modify and re -submit 
amended tenders, as appropr iate. 
 Article IX  
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 amen d 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 
procure ment shall be given simultaneously to all 
other suppliers concerned in adequate time to permit 
the suppliers to consider such information and to 
respond to it.  
 
Article  XIV:4  
 (b) all modifications to the criteria 
and to the technical requirements 
are tran smitted in writing to all 
remaining participants in the 
negotiations;  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VIII 
[Conditions for Participation]JPN 
[Qualification of Suppliers]EC,US,NOR,CDA 
[NB: Parties are still reviewing the structure of 
this revision . The EC suggests the following 
structure : conditions for participation ; selective 
tendering ; multi-use lists ; and information on 
procuring entities' decisions . The United States 
and Canada suggest the following structure : 
conditi ons for participation ; multi-use lists ; 
notice inviting applications ; selective tendering ; 
information on procuring entities' decisions.]  
  
Article  VIII 
Qualification of Suppliers  
 
[General Requirements]JPN[Conditions for 
Participation]EC,US,CDA,NOR 
  
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. ...  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. In assessing whether a supplier satisfies the 
conditions for participation, a pr ocuring entity shall:  
 
(a) evaluate the financial, commercial 
and technical abilities of a supplier 
on the basis of that supplier's 
business activities both inside and 
outside the territory of the Party of 
the procuring entity, and may not 
impose the condi tion 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 [or that the 
supplier has prior work experience 
in the territory of a given 
Party]US,EC,CDA,KOR,NOR,JPN,SWI; and [NB: 
Hong Kong, China proposes 
either deletion of this bracket or 
adding a new paragraph  2bis.] 
 
(b) base its determination on the 
conditions that the procuring entity 
has specified in advance in notices 
or tender documentation.  
 
[2bis. If essential for the satisfactory performance of 
the contracts, the procuring entities may specify that 
the suppliers have prior and relevant working 
experience in the territory provided that this is not 
used to discriminate against suppliers of an y other 
Parties.]HKC 
  (b) ... A ny conditions for 
participation required from 
suppliers, including financial 
guarantees, technical qualifications 
and information necessary for 
establishing the financial, 
commercial and technical capacity 
of suppliers, as w ell as the 
verification of qualifications, shall 
be no less favourable 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 
activity as well as of its activity in 
the territory of the procuring 
entity, taking due account of the 
legal relationship between the 
supply organizations;  
 
3. A procuring entity may exclud e a supplier on 
grounds such as bankruptcy, false declarations [, 
significant deficiencies in performance of any 
substantive requirement or obligation under a prior 
contract]CDA,US,KOR, [convictions for criminal 
offences][judgments in respect of serious cr iminal, 
administrative or delictual matters]EC, [professional 
misconduct]EC,NOR or failure to pay taxes.  
  (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.  
 
Multi-Use Lists  
  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. Where a procuring entity maintains a 
multi-use list of suppliers[, and the list can be used 
by such suppliers to prove that they meet some or all 
of the conditions for participation in respect of more 
than one procurement,]EC,SWI,NOR the entity shall 
annually publish [or otherwise make available 
continuously in electronic form]US,CDA,KOR,JPN a notice 
inviting interested suppliers to apply for inclusion on 
the list in [one o f the]EC [the appropriate]CDA,JPN,US 
publications listed in Appendix  III. The notice shall 
include:  
 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) 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;  
 
(b) the conditions for participation to be 
satisfied by suppliers and the 
methods that the procuring entity 
will use to verify a supplier's 
satisfaction of the conditions;  
 (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 relating to the list;  
  
(d) the period of validity of the list and 
the means for its renewal or 
termination[, or where the period of 
validity is indefinite, an indication of 
the method by which notice will be 
given of the termination of use of 
the list]CDA,US,JPN; and 
 (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 removal 
from them;  
 
(e) an indication that, for procurement 
covered by this Agreement, the list 
may be used.  
 
 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 t he Agreement.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2. The notice referred to in 
paragraph  1 may be published 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]US 
 
(b) the notice states that further 
notices will not be published[.]US; 
[and 
 
(c) this provision is not be used to 
circumvent the provisions of this 
Agreement.]EC]EC,NOR,SWI,U S [NB: 
Canada, Singapore and Japan 
question the extent to which 
this paragraph is compatible 
with paragraph  1, which 
foresees an annual publication.]  
 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 noti ces 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.  
 
3. 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 suppliers that satisfy the 
conditions for participation within a reasonably short 
time. 
 Article VIII  
(d) entities maintaining permanent 
lists of qualified s uppliers 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;  
 
[4. Notwithstanding the use of a multi -use list, 
procuring entities in Annexes  1 and 2 shall publish a 
notice of intended procurement in respect of each 
procurement and shall comply with, inter alia, the 
provisions of paragraphs  1 through  5 of [ Selective 
Tendering ] in respect of each procurement.]EC 
 Article IX  
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. 
[Uniformity of Qualification and Registration 
Procedures]US,KOR,EC,NOR 
  
[5. Each Party shall ensure that:  
 
(a) each procuring entity and its 
constituent parts follow a single 
qualification procedure, except in 
cases of duly substa ntiated need for 
a different procedure ; and 
 
(b) efforts be made to minimize 
differences in qualification [and 
registration]KOR,EC,NOR procedures 
between procuring 
entities.]SWI,EC,NOR,KOR 
 Article VIII  
 
(g) each Party shall ensure that:  
 
(i) each entity and its 
constituent parts follow a 
single qualification 
procedure, except in cases 
of duly substantiated need 
for a different procedure ; 
and 
 
(ii) efforts be made to 
minimize differences in 
qualification procedures 
between entities.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Annex  [2 and]US,CDA 3 Entities]CDA,EC,US 
  
6. A procuring entity listed in 
Annexes  [2]US or [3]SWI,US,CDA,NOR,EC 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 notic e regarding a qualification system, as 
provided for in paragraph 9, as an invitation to 
participate.  
 
9. ...When such a notice is used as an invitation 
to participate in accordance with paragraph 3, the 
notice shall, in addition, include the following 
information:  
 
(d) the nature of the products or 
services concerned;  
(e) a statement that the notice 
constitutes an invitation to 
participate.  
 
(a) the notice sets out, in addition to 
the information required in 
paragraph  1 of [ Multi-use Lists ], as 
much of the information required in 
Article  V:2 as is available and 
contains a statement that it 
constitutes a notice of intended 
procurement [or that only the 
suppliers on the multi -use list will 
receive further notice of 
procurements that are covered by 
the mult i-use list]US,CDA; 
 
(b) the entity promptly provides to 
suppliers that have expressed an 
interest to the entity in a given 
procurement, sufficient information 
to permit them to have a 
meaningful opportunity to assess 
their interest in the procurement, 
including all remaining information 
required in Article  V: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 meaningful 
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 provided to one interested 
supplier shall be provided in a non -discriminatory 
manner to the other interested suppliers.  GPA/TN1994/4/Rev.4  
- 36 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(c) a supplier having applied for 
inclusion on a multi -use list in 
accordance with paragraph  3 of 
[Multi-use Lists ] shall be entitled to 
tender in a given procurement, if 
there is sufficient time to examine 
whether it satisfies the conditions 
for participation] .EC,SWI 
 Article VIII  
(c) ... S uppliers 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 requests 
to participate in an intended 
procurement, the entity shall 
promptly start procedures for 
qualification;  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Selective Tendering]EC,US [Notice Inviting 
Applications]JPN 
  
[1. A procuring entity that issues a separate 
notice inviting applications from suppliers to meet 
conditions for participation shall[:  
 
(a)]US,KOR publish the notice in the 
appropriate publication listed in 
Appendix  III, and include in the 
notice the information in Article 
V:2(a),  (b), (g) and (h)[; and 
 
(b) provide a sufficient period of time 
for suppliers to prepare and submit 
applications]US,KOR.]US,CDA,KOR,JPN 
 Article VI II 
 
...Qualification procedures shall be consistent with 
the following:  
 
(a) any conditions 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 wi th efficient operation 
of the procurement process, 
complete the qualification 
procedures;  
 
[1.]EC[2.]US,CDA,KOR,JPN [[Except where a notice of a 
multi-use list or a separate notice[, pursuant to 
paragraph  1]US[inviting applications to meet 
conditions for participation]CDA,JPN has been [published 
or]JPN readily accessible in electronic form for a 
reasonable period of time, a]CDA,US,JPN [A]EC procuring 
entity that intends to limit the submission of tenders 
to all qualified suppliers or to a li mited number of 
qualified suppliers selected by the procuring entity in 
advance of the deadline for submitting tenders shall 
publish the time limit for submitting applications in 
the notice [of intended procurement]EC.]EC,CDA,US,JPN 
  
[2.]EC[3.]US,CDA,KOR,JPN [Where the tender documents 
are not made publicly available from the date of 
publication of the notice of intended procurement, 
the procuring entity shall ensure that those 
documents are made available at the same time to all 
qualified or to  a limited number of qualified 
suppliers.]EC,SWI 
 Article IX  
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 t imely 
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 include 
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.4  
- 38 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[3.]EC[4.]KOR,JPN [A procuring entity shall provide 
a sufficient period of time for suppliers to prepare 
and submit applications . Such time -limit shall be as a 
rule, at least 25  days from the date of publication of 
the notice of intended procurement, except in the 
circumstances foreseen under Articl e VI:3, 4 and 5 
[where it does not use a multi -use 
list]JPN,KOR.]EC,SWI,JPN,KOR 
 Article  XI 
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 closin g of the 
tendering procedures . I n 
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 no rmal time for transmitting 
tenders by mail from foreign as 
well as domestic points.  
 
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 submit ting an 
application to be invited to tender 
shall not be less than 25 days 
from the 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 invit ation 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. 
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4.]EC,US,CDA[5.]KOR,JPN A procuring entity shall allow all 
domestic suppliers and suppliers of other Parties that 
satisfy the conditions for participation in a particular 
procurement to submit a tender, unless the entity 
intends to [select a limited number of qualified 
suppliers].  [NB: Japan is still considering its 
position on this bracketed language. ] In such a 
case, the entity shall[:  
 
(a)] state in the notice of intended 
procurement or, where publicly 
available, in the tender 
documentation,  any limitation on 
the number of suppliers that will be 
permitted to tender and the 
[objective and 
non-discriminatory]EC,SWI,NOR criteria 
for such limitation[ ; 
and]EC,SWI[.]US,CDA 
 
[(b) comply with the provisions of 
paragraphs  1 through  3 of 
[Selective Tendering ].]EC,SWI 
 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 the conditions for 
participation in a particular intended 
procurement . S uppliers requesting to 
participate in a particular intended 
procurement who may not yet be qualified 
shall also be considered, provided there is 
sufficient time to complet e the qualification 
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 supplie rs 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 subm it 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.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[5.]EC,US[6.]KOR,JPN [Where a supplier submits an 
application for recognition that it has satisfied the 
conditions for participation, and all other requested 
documents relating thereto, within the tim e-limit 
[referred to in paragraph  3 of [Selective 
Tendering ]]EC,SWI, a procuring entity shall examine it 
and may not exclude the supplier from consideration 
in respect of the procurement on the grounds that 
the procuring entity has insufficient time to exa mine 
the application[, unless due to the complexity of the 
procurement the entity is not able to complete the 
examination of the application]HKC,US [within the 
time-period allowed for the submission of tenders]US 
[before commencement of tendering]HKC. [The 
process of, and time required for, verifying if such 
suppliers satisfy the conditions for participation shall 
not be used to exclude such suppliers from being 
considered for the procurement.]EC,SWI,KOR]EC,SWI,KO R,US 
 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 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 XI  
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 . I n 
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.  
 
 Article X  
4. Requests to participate in selective tendering 
procedures may be submitted by telex, telegram or 
facsimile.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Information on Procuring Entities ' Decisions  
  
[1. [Where a procuring entity has required 
suppliers to apply for recognition that they have 
satisfied the conditions for participation in accordance 
with paragraphs  [], the]CDA,US [A procuring]EC,NOR 
entity shall promptly inform all such suppliers of its 
decision and, on request from a supplier, promptly 
provide it with a written explanation of the reasons 
for the procuring entity's decision to:  
 
(i) accept or reject the supplier's 
application [for recognition of 
satisfaction of conditions for 
participation, or for inclusion on a 
multi-use list ; or 
 
(ii) cease to recognize a supplier as 
satisfying the conditions for 
participation for a procurement or 
for inclusion on a multi -use 
list.]EC,SWI,NOR]EC,SWI,CDA,US,NOR 
 Article VIII  
 (f) any supplier having requested 
to become a qualified supplier shall 
be advised by the entities 
concerned of the decision in this 
regard . 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  IX 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. A 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  V; 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 
 
(b) where it appears from the 
evaluation that no one tender is 
obviously the most advanta geous 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 terms 
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 shall not provide information 
intended to assist particular participants to bring 
their tenders up to the level of other participants.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. A procuring entity shall:  
 
 (a) ensure that any elimination of 
tenderers in negotiations is carried 
out in accordance with the 
[evaluation] criteria set out in the 
notices or tender documentation ; 
and 
 
 (b) when negotiations are 
concluded, provide a common 
deadline for the remaining 
tenderers to submit any new or 
revised tenders.  
 4. Entities shall not, in the course of 
negotiations, discriminate between different 
suppliers . 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 t o 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 
 
 (d) when negotiations are 
concluded, all participants 
remaining in the negotiations shall 
be permitted to submit final 
tenders in accordance with a 
common deadline.  
 
 
Article  X 
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 [contact a supplier o r 
suppliers of its choice]CDA,JPN [use a limited tendering 
procedure]EC,US,NOR,SWI and may choose not to apply 
Articles  [...] in the following circumstances : [NB: 
Canada, Japan and the US propose matching 
the Articles in the current Agreement . The EC is 
still considering if all Articles mentioned in the 
current Agreement are relevant.]  
 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 o f this Agreement:  
 
(c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, 
only under the conditions specified 
in Article  XV. 
 
 GPA/TN1994/4/Rev.4  
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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 requirements in the 
tender, or from suppliers who do 
not comply with the conditions for 
participation provided for in 
accordance with this Agreement, 
on condition, howe ver, that the 
requirements of the initial tender 
are not substantially modified in 
the contract as awarded;  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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: T he EC is 
wondering what is the 
extent or definition  of 
proprietary 
information.]  
 
(iii) due to an absence of 
competition for technical 
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 
particular supplier and no 
reasonable alternative or 
substitute exists;  
 
(c) for additional deliveries of goods or 
services by the original supplier that 
are intended ei ther 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 [[either]EC not meeting 
requirements of interchangeab ility 
with [or not operable with]EC 
existing equipment, software, 
services, or installations]JPN,KOR,EC 
[that would : [NB: Switzerland 
notes that the relationship 
between (c)  and (g) needs 
further scrutiny.]  
 
(i) alter the operation or use 
of the existing g oods or 
services ; or 
 
(ii) due to the change of goods 
or services, require 
existing equipment or 
services to be 
altered;]CDA,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 
services not meeting requirements 
of interchangeability with already 
existing equipm ent 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.  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) in so far as is strictly necessary 
where, for reasons of extrem e 
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 
urgen cy brought about by events 
unforeseeable 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 ; or 
  (h) for products purchased on a 
commodity market;  
 
(f) where a procuring entity procures a 
prototype or a first good or service 
that is developed at its request in 
the course of, and for, a particular 
contract for research, experiment, 
study or original development . 
Original development  of a first good 
or service may include limited 
production or supply in order to 
incorporate the results of field 
testing and to demonstrate that the 
good or service is suitable for 
production or supply in quantity to 
acceptable quality standards, but 
does not include quantity 
production 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 research, 
experiment, study or original 
development . W hen 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 st andards . It does not extend to 
quantity production or supply to establish 
commercial viability or to recover research and 
development costs.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 original 
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 contra ctor carrying 
out the services concerned since 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 
services may not exceed 50  per 
cent of the amount of the main 
procurement ; [NB: Switzerland, 
Norway and the EC question 
why this should be limited to 
construction.]  
  (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 
concerned 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 
additional construction services 
may not exceed 50 % 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 no tice of 
intended procurement concerning 
the initial service, that a limited 
procurement method might be used 
in awarding contracts for such new 
services;  
  (g) for new construction services 
consisting of the repetition of 
similar construction services whic h 
conform to a basic project 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 
tender ing procedures might be 
used in awarding contracts for 
such new construction services;  
 
(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 liquid ation, 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 liquidation 
or receivership . It is not intended 
to cover routine purchases from 
regular suppliers;  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 this 
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 
awarded 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 qualified 
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 shall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph  1. Each report shall contain the name of 
the procurin g entity, value and kind of goods or 
services procured, country 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 under the procedures of 
Articles  XVIII, XIX, XX and XXII.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XI 
Treatment of Tenders and Contract Awards  
  
Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
 
Receipt and Opening of Tenders   
 
 1. The submission, receipt and opening of 
tenders and awarding of contracts shall be 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 the 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 
received after the time -limit; and 
 
1. A procuring entity shall receive and open all 
tenders under procedures that guarantee the fairness 
and impartiality of the procurement process.  
 Opening 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. 
 
2. A procuring entity shall treat tenders in 
confidence at least until the award of the contract.  
 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.  
 
3. 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 Tend ers 
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.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4. 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 pro curing entity shall 
provide the same opportunities to all participating 
suppliers.  
  (b) the opportunities that may be 
given to tenderers to correct 
unintentional 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  
 Award of Contracts  
 
5. 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 any conditions for participation.  
 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 
conditions for participation.  ... 
 
 (c) Awards shall be made in 
accordance with the criteria and 
essential requirements specified in 
the tender documentation.  
 
6. A procuring entity shall not use option clauses 
in a manner that circumvents the provisions of this 
Agreement.  
 5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
 
7. Unless a procuring entity determines that it is 
not in the public interest to award a contrac t, it shall 
award the contract to the supplier that the entity has 
determined to be fully capable of undertaking the 
contract and whose tender is either the lowest price 
or the tender that the entity has determined to be 
the most advantageous solely on the  basis of the 
requirements and evaluation criteria specified in the 
notices or tender documentation.  
 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 products 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 s et forth 
in the notices or tender 
documentation is determined to be 
the most advantageous.  
 
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 tha t it can comply with the conditions of 
participation and be capable of fulfilling the terms 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 the contract.  
 
[9. A procuring entity shall not cancel a 
procurement or modify awarded contracts in a 
manner that circumvents the obligations of this 
Agreement.]US,EC,N OR,JPN,SWI 
  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  
 CORRESPONDING GPA TEXT  
 
[Article  XIbis 
Use of Electronic Means ] 
[NB: Israel is still considering this proposed 
Article . C anada is questioning 
whether  2 (b), 2 (d) and 3 (d) are necessary.]  
  
1. [Procurement covered by this Agreement 
conducted, exclusively or not, by electronic means 
shall be subject to the provisions of this 
Agreement.]EC,SGP,KOR,SWI 
 
2. Where a procuring entity intends to conduct a 
procurement using electronic means, either wholly or 
partial ly, it shall:  
 
[(a) indicate in the notice of intended 
procurement its intention to use 
electronic means;]EC,KO R [NB: The 
United States, Japan and 
Canada consider that this 
provision should be located in 
Article V:2[(d)]EC[(e)]CDA,NOR,US.] 
 
(b) ensure that any means and tools 
used for communicating 
electronically including 
authentication, integrity of data and 
encryption are 
[non-discriminatory][.]JPN, 
[generally available and 
interoperable with the information 
and communication technology 
produc ts in general use and will not 
impose an unreasonable burden on 
other Parties' suppliers access to 
the tendering procedure] ; [NB: 
Canada, the US and Japan have 
reservations on this 
subparagraph and consider that, 
to the extent these matters 
need to be cove red, they should 
be addressed in Article III.]  
 
(c) ensure that all information 
necessary to permit potential 
suppliers to meet the specifications 
for using the necessary electronic 
means and tools is available to 
interested parties and is included by 
the procuring entity in the tender 
documentation ; and [NB: Canada, 
the US and Japan believe that 
this paragraph should be 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 o f 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.4  
- 51 - 
  PROPOSED REVISION  
 CORRESPONDING GPA TEXT  
modified and moved to 
paragraph  1 in Article  VII.]  
 
(d) use mechanisms which clearly and 
unambiguously guarantee that, 
pending the expiry of the deadlines 
set, the integrity of data is 
preserved, access to tenders and 
request to participate is prohibited 
and the timing of receipt of tenders 
and request to participate is 
accurately established.  [NB: The 
US, Canada and Japan consider 
that, to the extent these 
matters need to be covered, 
they should be addressed in 
Article III . The EC is wondering 
whether this is covered 
elsewhere.]  
 
3. [A procuring entity that intends to hold an 
electronic auction in a] [A]US covered procurement 
[may be conducted by electronic auction, provided 
that the procuring entity]US shall: [NB: Japan and 
Israel are wondering whether the requirements 
of confidentiality allow for the use of electronic 
auction . The EC believes that there is no 
contradiction between th e running of an 
electronic auction and requirements of 
confidentiality.]  
 
[(a) state their intention to use 
electronic auctions in the notice of 
intended procurement; ] [NB: 
Canada and the United States 
consider that this provision 
should be located in 
Article V:2.]  
 
(b) indicate in the tender documents 
the features on which the electronic 
auction will be run, provided that 
such features are quantifiable and 
can be expressed in figures or 
percentages, and the conditions and 
rules under which the auction will  
be carried out ; [NB: Canada and 
the US believe this should be 
located in Article  VII relating to 
evaluation criteria.]  
 
(c) provide participants, before starting 
the electronic auction, with the 
evaluation factors that will be used, GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  
 CORRESPONDING GPA TEXT  
including [any]US [the]EC 
mathematical formula determining 
the automatic ranking during the 
electronic auction when the contract 
is to be awarded on the basis of the 
most economically advantageous 
tender ; [NB: Canada believes 
this should be located in 
Article  VII relating to ev aluation 
criteria.]  
 
[(d) ensure that electronic auctions 
operate in full accordance with the 
general principles of this 
Agreement, in particular, equal 
treatment, non -discrimination and 
transparency.]EC 
 
[4. A procuring entity shall ensure that all stages 
of the procurement procedure conducted by 
electronic [auction]SGP [means]EC remain fully 
traceable for a period of at least three years from the 
award of the contract.]EC,KO R [NB: Canada, the US 
and Singapore wonder whether this should not 
be addres sed in Article  XII:4 bis, if at all 
necessary.]  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XII 
Transparency of Contract Award Information  
  
Article XVIII  
Information and Review as Regards Obligations of 
Entities  
 
Information Provided to Suppliers  
  
1. A procuring entity shall promptly inform 
[participating]EC,NOR suppliers [that have submitted 
tenders]CDA,JPN,US,HKC,KOR of the entity's contract award 
decisions [and, on request, in writing].EC,SWI,NO R 
Subject to Article  XIII, 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, promptl y provide:  
 
 (a) an explanation of its 
procurement practices and 
procedures;  
 
 (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.  
 
  (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 ; and 
 
Publication of Award Information  
  
2. Not later than 72  days after the award of each 
contract covered by this Agreement, a procuring 
entity shall publish a notice in 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 
accessible 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 
produc ts 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;  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) type of procurement method used, 
and in cases where limited 
tendering was used pursuant to 
Article  [X (Limited Tendering) ], a 
description of the circumstances 
justifying the use of such 
procedure.  
  (g) the type of procedure used.  
 
 (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 
 
Provision of [Award] Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
 
3. On request of any other Party, [and subject to 
Article  XIII:[2]  [1]EC]EC without prejudice to the 
provision under Article  XVIII [Dispute Settlement], a 
Party shall provide promptly such information on the 
[procurement and]EC award of a contract, including 
information on the characteristics and relative 
advantages of the succes sful tender and on the 
contract price, as may be necessary to determine 
whether the procurement was conducted fairly, 
impartially and in accordance with this Agreement.  
[In cases where release of this information would 
prejudice competition in future tende rs, t]EC,SWI [T]he 
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 unsuccessful tenderer 
which is a Party to thi s 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 end, 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 provided it 
exercises this right with dis cretion . 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 information 
to the government of the unsucce ssful tenderer.  
 
3. Available information concerning procurement 
by covered entities and their individual contract 
awards shall be provided, upon request, to any other 
Party.  
 
Maintenance of Documentation and Reports  
  
4. Each procuring entity shall maintain 
documentation and reports of tendering procedures 
and contract awards relating to covered procurement, 
including the reports provided for in Article  [X 
(Limited Tendering) ], and shall retain such 
documentation and reports for a period of at least 
three  years from the award of the contract.  
 
[4bis. A procuring entity shall ensure that all stages 
of the procurement procedure conducted by 
electronic [auction]SGP [means] remain fully traceable 
for a period of at least three years from the award of 
the contract.]KOR] [NB: The EC considers that this 
provision should be located in Article  XIbis:4 as 
the obligation of traceability does not 
correspond to the obligation of maintaining 
documentation or reports . The US, Japan and 
Canada are still considering th e content of, and 
the need for, this paragraph.]  
 Article XX  
4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by this Agreement shall be 
retained for three years.  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
Collection and Report of Statistics  
  
5. Each Party shall collect and report to the 
Committee statistics on its contracts covered by this 
Agreement . Each report shall cover one  year and be 
submitted within two years of the end of the 
reporting period, and shall contain:  
 
(a) For Annex  1 procuring entities:  
 
(i) the number and total 
value, for all such entities, 
of contracts covered by 
this Agreement;  
 
(ii) the number and total 
value of all contracts 
covered by this Agreement 
awarded by such entities, 
broken down by 
[categories of] goods and 
services [according to a[n 
internationally 
recognized]CDA,US uniform 
classification system] ; and 
[NB: S witzerland 
suggests the deletion of 
"by categories of goods 
and services according 
to an internationally 
recognized uniform 
classification system" ; 
this should be left 
optional to Members 
depending on the use 
they may have from 
these statistics.]  
 
(iii) the number and total value 
of contracts covered by 
this Agreem ent awarded 
by each such entity under 
limited tendering;  
 
[(iv) the total value of contracts 
awarded under 
derogations to the 
Agreement contained in 
the relevant Annexes.]CDA 
 Article XIX  
5. Each Party shall collect and provide to the 
Committee on an annua l 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 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 ; for 
entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold val ue on a global basis 
and broken down by categories of 
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 according  to uniform 
classification systems ; 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 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 
numb er and total value of contracts 
awarded under derogations to the 
Agreement contained in the 
relevant Annexes...  . 
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) For Annex  2 and 3 procuring 
entities, the number and total value 
of contracts covered by this 
Agreement awarded by all such 
entities, br oken down by Annex.  
 
(c) Where data to be provided under 
subparagraph  [(a) and]EC,US,JPN (b) is 
not available, estimates shall be 
provided.  
 
 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 v alue of 
contracts awarded above the 
threshold value on 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 
categ ories 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.  
 
 5. ... To the extent that such information is 
available, each Party shall provide statist ics on the 
country of origin of products and services purchased 
by its entities . With a view to ensuring that such 
statistics are comparable, the Committee shall provide 
guidance on methods to be used . With a view to 
ensuring effective monitoring of procur ement 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 us ed. 
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. Where a Party publishes its statistics on an 
official website, the Party may substitute a 
notification of the website address for the submission 
of the data, with any instructions necessary to access 
and use such statistics.  
 
7. Where a Party requ ires notices concerning 
awarded contracts, pursuant to Article  XII:2, to be 
published electronically and where such notices are 
accessible to the public through a single database in 
a form permitting [automatic] 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.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIII 
Non-Disclosure of Information  
  
1. Notwithstanding any other provision of the 
Agreement, a Party or a procuring entity 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 XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise 
be contrary to the public inter est or would prejudice 
the legitimate commercial interest of particular 
enterprises, public or private, or might prejudice fair 
competition between suppliers shall not be revealed 
without formal authorization from the party 
providing the information.  
 
2. Nothing in this Agreement shall be construed 
to require a Party or procuring entity [or an authority 
or review body under 
Article  XVII [or XVIII]EC]EC,US,HKC,JPN to release 
[confidential]CDA,JPN information under this Agreement 
where release:  
 
(a) would  impede law enforcement;  
 
(b) might prejudice fair competition 
between suppliers;  
 
(c) would prejudice the legitimate 
commercial interests, including the 
protection of intellectual property, 
of particular persons ; or 
 
(d) would otherwise be contrary to the  
public interest.  
 
[except to the extent that it may be required to be 
disclosed in the context of proceedings under 
Articles  XVII or XVIII.]EC 
 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 privat e, or might 
prejudice fair competition between suppliers.  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIV 
Developing Countries  
  
Article  V 
Special and Differential Treatment for Developing 
Countries  
1. In negotiations on accession to, and in the 
implementation and administration of, the 
Agreement, the Parties shall take special 
consideration of developing countries' and 
least-developed countries' (collectively referred to 
hereafter as "developing countries", unless 
specifically identified othe rwise) development, 
financial and trade needs and circumstances, 
recognizing that these may differ significantly from 
country to country . In this context, the Parties shall 
give due consideration to requests by a developing 
country for transitional measure s with regard to its 
market access commitments under paragraph  3, as 
well as its implementation of the procedural 
obligations of the Agreement under paragraph  5. As 
provided for in this Article, the Parties[:  
(a)]US,JPN  shall accord special and 
differenti al treatment to[ : 
(a)]EC,NOR,SWI least-developed 
countries [and [other] developing 
countries]SWI,ISR,KOR[.]ISR,KOR[; and 
 
(b) [may accord such treatment 
to]US,CDA,JPN any other developing 
country, where and to the extent 
that [the Parties determine 
that]US,JPN,CDA [this]EC,NOR special and 
differential treatment [meets 
its]EC,NOR [responds to its]JPN,CDA,US 
development 
needs.]EC,US,SWI,JPN,NOR,ISR,CDA 
 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 and trade needs 
of developing countries, in particular least -developed 
countries, in their need to : ... 
 
 1. (a) safeguard their 
balance -of-payments position and 
ensure a level of reserves 
adequate for the implementation of 
programmes of economic 
development;  
 
[bearing in mind the importance attached to the 
concept of development, in particular as it refers to 
small and medium enterprises from developing 
countries, the Par ties shall give due consideration to 
a request by a developing country to invoke the use 
of "offsets" as defined in Article I and under the 
conditions stated below.]ISR 1. (b) promote the establishment or 
development of domestic industries 
including the de velopment of 
small -scale and cottage industries 
in rural or backward areas ; and 
economic development of other 
sectors of the economy;  
 
(c) support industrial units so long as 
they are wholly or substantially 
dependent on government 
procurement ; and 
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 1. (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.  
 GPA/TN1994/4/Rev.4  
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PROPOS ED REVISION  CORRESPONDING GPA TEXT  
2. [Subject to the coverage that a developed 
country Party has negotiated with a developing 
country, the]SWI,US,JPN,CDA [Each]EC,NOR developed 
country Party shall provide immediately to the goods, 
services and suppliers of the developing country the 
most favourable treatment offered by that Party 
under Appendix  I upon accession of the developing 
country . However, with respect to a deve loping 
country other than a least -developed country, where 
the Parties have agreed to [the partial or total 
exclusion of a specific sector or entity]EC,US,JPN 
provided for in paragraph  3 for such country, in order 
to maintain appropriate reciproca l opportu nities 
under the Agreement, any Party may agree with the 
developing country to limit the scope of coverage that 
the Party provides to that country during the agreed 
transition period . Any such limitations shall be clearly 
identified in the Committee's acce ssion decision and 
in each Party's Annexes or Notes to Appendix  I. 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. ... Developed countries, in the preparation of 
their coverage lists u nder 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 suppli ers in 
least-developed countries which are not Parties, with 
respect to products or services originating in those 
countries.  
 GPA/TN1994/4/Rev.4  
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  PROPOS ED 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 
with a phase -out schedule set out in an Annex to its 
Appendix  I [during an agreed -upon transition 
period]EC: 
 
(a) a price preference programme, 
provided that the programme:  
 
(i) provides a preference only 
for the part of the tender 
incorporating goods or 
services originating in the 
developing country 
applying the preference or 
goods or services 
originating in other 
developing countries that 
have preferential 
agreements with the 
developing country 
applying the preference ; 
and 
 
(ii) is transparent, and its 
application is clearly stated 
in notices of intended 
procurement and notices 
inviting suppliers to apply 
for participation in 
procurement covered by 
the Agreement ; [and]EC Agreed E xclusions  
 
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 it s 
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.  
(b) an offset, provided that:  
 
(i) any requirement for, or 
consideration of, the 
imposition of the offset is 
clearly stated in notices of 
intended procurement and 
notices inviting suppliers to 
apply for participation in 
procurement covered by 
the Agreement ; and 
 
(ii) the offset is appli ed in a 
non-discriminatory 
manner ; [and]EC,SWI 
 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 non -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 included in the notice of intended procurement 
and other documentation.  
 
[(c) the phased -in addition of specific 
entities or sectors;]US  
[(d) [in exceptional cases and when duly 
justified by the developing 
country:]EC a threshold that is 
higher than [the]NOR [its] permanent 
threshold ; [ and]US,CDA,JPN,KOR 
[or]EC]US,CDA,JPN,KOR,EC  GPA/TN1994/4/Rev.4  
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  PROPOS ED REVISION  CORRESPONDING GPA TEXT  
(e) [in exceptional cases [and when 
duly justified by the developing 
country]EC,JPN,]EC,US,SWI the partial or 
total exclusion of a specific sector or 
entities.  
 Article V  
 
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 into account in the course of 
negotiations with respect to the procurement of 
developing countries to be covered by the provisions 
of this Agreement. ...  
 
[4. The agreed -upon transition period shall not 
exceed 10  years for developing countries and 
20 years for least -developed countries.]EC 
  
5. In order for a developing country to bring its 
measures into conformity with Articles [ procedural 
Articles ] of the Agreement, it may, with the 
agreement of the Parties, apply a specified 
implementation perio d, which shall be:  
 
(a) for a least -developed country, 
[three] years upon its accession to 
the Agreement ; and 
 
(b) for any other developing country, 
the period necessary to adopt 
measures relating to [specific 
provisions of]US,CDA,JPN the 
Agreement,  
 
provided that the developing country complies with 
Article  III [[ national treatment and ]EC 
non-discrimination ]. 
  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. Any developing country that has been 
permitted to apply an implementation period under 
paragraph  5 shall list in an Annex to its Appendix  I 
the implementation period, and where applicable, 
specific procedural obligations and any interim 
measures that it will take with regard to those 
obligations.  
  
7. 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,SWI,KOR may: 
(a) extend the transitional period for 
measures permitted under 
paragraph  3 or the implementation 
period permitted under paragraph  5 
where a developing country 
demonstrates a need for the 
extension ; or 
 
(b) approve the application of a new 
transitional measure in special 
circumstances unforeseen during 
the accession process, provided 
that the measure is consistent with 
paragraph  3. 
 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 regard 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 serv ices that are 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 ma y also 
request 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 
partic ular 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 o r 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.  
 
8. At the end of the transition period, provided 
for in paragraph  3, and the implementation period, 
provided for in paragraph  5, the developing country 
shall fully comply with the Agreement.  
  
9. A developing country benefiting from a 
transitional measure provided for in 
paragraph  3 or 8, or an  implementation period 
provided for in paragraph  5, or any extension thereof 
under paragraph  8 shall take such steps as may be 
necessary to ensure the fulfilment of all of its 
obligations at the end of any such period . The 
developing country shall notify t he Committee of such 
steps, including any special technical co -operation 
and capacity building needs.  
  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. During a developing country's accession process 
or after the entry into force of this Agreement for that 
country, the Parties shall give due consideration to any 
request by such country for technical cooperation and 
capacity building in relation to that country's 
implementation of this Agreement.  
 Technical Assistance for Developing Country  Parties  
 
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 other 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 their 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 their tenders and selecting th e 
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 subje ct of the 
intended procurement.  
 
11. The Committee shall review the operation and 
effectiveness of this Article every five  years.  
 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.  
 
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 revi ew 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 t rade 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.  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XV 
Exceptions to the Agre ement  
  
Article  XXIII 
Exceptions to the Agreement  
 
1. Nothing in this Agreement shall be construed to 
prevent any Party from taking any action or not 
disclosing any information that it considers necessary 
for the 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 a ny 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 n ational 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 this Agreement shall be 
construed to prevent any Party from imposing or 
enforcing measures:  
 
(a) necessary to protect public morals, 
order or safety;  
 
(b) necessary to protect human, animal 
or plant life or health;  
 
(c) necessary to protect intellectual 
property ; or 
 
(d) relating to goods or services of 
handicapped persons, of 
philanthropic institutions or of 
prison labour.  
 2. Subject to the requirement that such measures 
are not applied in a manner which would cons titute 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.  
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to protect 
human, animal or plant life or health]CDA,US [or natural 
resources].CT]US,CDA,C T [NB: H ong Kong, China ; 
Korea; the EC ; and Japan considered this 
paragraph not necessary, given paragraph  2(b).]  
  
[4. [Having regard to general policy considerations 
relating to tied aid, including the objective of 
developing countries with respect to untying of such 
aid, this Agreement does not apply to procurement 
made in further ance of tied aid to developing countries 
so long as it is practised by Parties.]SWI,JPN,KO R [NB: 
Location needs to be reconsidered . Norway 
proposes to delete this paragraph. ] [Market 
Access Issue ] 
 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.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
[Article  XVI 
Modifications and Rectifications to Coverage  
[NB: Parties are still reflecting upon this draft 
Article.]  
  
 
Notification of Proposed Modification   
1. A Party shall notify the Committee of any 
proposed rectification, transfer of an entity from one 
Annex to another, withdrawal of an entity, or other 
modification (referred to generally in this Article as 
"modification") of Appendices I through IV . The Party 
proposing th e 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, [incl uding by virtue of 
liberalization,]EC 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  92; or 
 
(b) for any other proposed modification, 
information as to the likely 
consequences of the change for the 
mutually agreed coverage provided 
in this Agreement.  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 the mutually agreed coverage provi ded 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 shall 
notify the Committee. …  
 
2 The Parties will agree upon the indicative criteria before the conclu sion of the GPA review/negotiations.  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
2. A Party [whose rights under this Agreement 
may be affected by a proposed modification notified 
under paragraph  1]EC,JPN,US,SWI shall notify the 
Committee of any objection to the proposed 
modification within 45  days. The notificat ion shall set 
out reasons for the objection . The modifying Party 
and the objecting Party shall seek to resolve the 
objection through consultations.  [NB: Korea has 
raised a question concerning the appropriate 
role of the Committee in this context.]  
 
3. 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 
compara ble level of mutually agreed coverage 
provided in this Agreement prior to such notification . 
If the modifying Party and the objecting Party are 
able to resolve the objection through consultations, 
and the modifying Party revises its proposed 
modification a s a result of those consultations, the 
modifying Party shall notify the Committee in 
accordance with paragraph 1, and the Committee 
shall consider the revised proposed modification in 
accordance with this Article.  [NB: The relationship 
of paragraph 3 and p aragraph 10(c) needs to be 
considered.]  
 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  
 
4. If the modifying Party and an objecting Party 
are unable to reach agreement within 120  days from 
the end of the objection period in paragraph  2 [the 
date of circulation of the first objection]NOR, or at any 
earlier date agreed by the Parties, [the modifying 
Party]US,JPN,CDA [or]CDA [any objecting Party]EC,CDA,NOR 
may refer the matter to arbitration, by notifying the 
Committee.  [If no objecting party refers the matter 
to arbitration within [120] days from the date of 
circulation of the first objection, the proposed 
modification shall become effective.]NOR [Other 
objecting parties which wish to participate in the 
arbitration must notify to the Committee their 
intention to do so within 10  days of circulation of the 
notification referring the matter to arbitration.]EC If 
the Parties participating in the arbitration can not 
agree on an arbitrator within 20  days after referring 
the matter to arbitration, the Director -General shall 
appoint the arbitrator within 10  days, after consulting 
the Parties.3 [Any affected Party having submitted an 
objection and wishing to enforce a right to 
compensation must participate in the arbitration.]EC 
 
[4bis. Arbitration pursuant to this Article shall be the 
exclusive means to resolve any dispute arising with 
respect to the conformity of a proposed modification 
with this Article, the level of compensatory 
adjustment necessary to maintain the balance of 
rights and obligations and a comparable mutually 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 s ettlement 
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 control or influence.  
 
3 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.  
Arbitrators shall be drawn from the same body of persons eligible to serve as panelists under [the GPA]EC 
[Article XVI II]US.  [NB:  The United States proposes that this footnote be deleted and that the 
substance be moved to the “working procedures” contemplated in paragraph 11.]  GPA/TN1994/4/Rev.4  
- 69 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
agreed coverage provided in this Agreement 
consequent upon a modification made pursuant to 
this Article, or the withdrawal of substantially 
equivalent benefits pursuant to paragraph 
[9].]EC,KOR,ISR 
 
[5. Where the modifying Party and more than one 
objecting Party are unable to reach agreement with 
respect to the same proposed modification, the 
Parties may seek to resolve their disputes through a 
single arbitration.]CDA,US,JPN 
 
[6.] 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 ; and 
 
(b) in the case of any other proposed 
modification, whether the proposed 
modification would result in a level 
of coverage comparable to, or 
greater than, the level of mutually 
agreed coverage provided in the 
Agreement and would otherwise 
maintain the  balance of rights and 
obligations under the Agreement . If 
the arbitrator determines that the 
level of coverage is not comparable, 
it shall also determine the 
appropriate level of compensatory 
adjustments.4 
 
[7. The modifying Party shall bear the burden o f 
submitting to the arbitrator prima facie evidence in 
support of its proposed modification.]JPN,US,CDA  
 
[8.] The arbitrator shall issue a reasoned 
determination to the Parties to the arbitration and to 
the Committee, [normally]US,NOR within 90 days of the 
appointment of the arbitrator.  
 
[9. Any party to the arbitration may appeal issues 
of law or legal interpretation developed by the 
arbitrator within 30 days of the circulation of the 
determination to the Committee . The provisions of 
the DSU on appeal shall apply mutatis mutandis  to an 
appeal brought under this provision . The arbitrator's 
report, as modified by the Appellate Body, shall be 
promptly circulated to the Committee.]EC,ISR  
 
Implementa tion 
 6. Rectifications or Modifications  
 
4 [Negotiator's note:  The Parties may wish to consider whether the arbitrator should examine simply 
the monetary value of procurement affected by the proposed modification or, instead, the monetary value and 
the nature of the procurement affected by the pr oposed modification.  Would the arbitrator be asked to 
determine whether, for example, a Party could substitute an agency that procures US$100 million in 
automobiles each year with an agency that procures US$100 million in pencils each year?  Also, the Par ties 
should give some thought to how an arbitrator will determine the amount of procurement benefits that would 
be lost due to the modification.  For example, if an agency procures US$100 million in goods and services each 
year, but has never acquired any goods or services from GPA Parties (e.g., because the GPA Parties don't even 
produce that good or service), is the "level" US$100 million, zero, or some other number?  These issues could 
be resolved by the Committee, see paragraph 11.]  GPA/TN1994/4/Rev.4  
- 70 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[10.] A proposed modification shall become effective 
only if:  
 
(a) no Party submits to the Committee 
a written objection to the proposed 
modification within 45  days after 
circulation of the notification of the 
proposed modification to the Parties 
to the Agreement under paragraph 
1; 
 
[(b) no objecting Party refers the matter 
to arbitration within 120 days from 
the end of the objection period in 
paragraph 2;]EC 
 
[(c)] the modifying Party and any 
objecting Parties resolve any 
objection regarding the proposed 
modification through consultations, 
as described in paragraphs 2 and 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 effective ly 
eliminated,  
 
[(ii) in the case of a proposed 
withdrawal under 
paragraph 1(a), 
government control or 
influence has not been 
effectively eliminated and 
compensatory adjustment 
has been offered by the 
modifying Party,]EC or 
 
[(iii)]  in the case of any othe r 
proposed modification, the 
proposed modification 
would result in a level of 
coverage comparable to[, 
or greater than,]US the 
level of mutually agreed 
coverage provided in the 
Agreement and would 
otherwise maintain the 
balance of rights and 
obligations un der the 
Agreement.  
 
[If, in the case of a proposed withdrawal under 
paragraph 1(a), an arbitrator determines that 
government control or influence has not been 
effectively eliminated, the modifying Party may 
request the arbitrator to determine the level of 
compensatory adjustment which would result in a 
level of coverage comparable to the level of mutually 
agreed coverage provided in the Agreement . The 
arbitrator shall issue a reasoned determination to the 
Parties to the arbitration and to the Chairman of th e  
(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. ...  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Committee, within 60  days of the request.  (Note : It 
is implied that there will be "parties" to such an 
arbitration, but it may be necessary to spell out who 
can participate . Presumably one would not wish the 
arbitrator to decide exclusively on the basis of 
information from the modifying Party.)]EC 
 
Committee Responsibilities  
 
[11.] 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 det ermine the level of compensatory 
adjustment to be offered for modifications made 
pursuant to this provision].EC 
  GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XVII  
Domestic Review of Supplier Challenges  
  
Article XX  
Challenge Procedures  
1. Each Party shall provide timely, effective, 
transparent and non -discriminatory means for a 
supplier to challenge an alleged [failure to apply]US,CDA 
[breach of]EC this Agreement arising in the context of 
a covered procurement, in which it has, or has had, 
an interest . The procedural rules for all  challenges 
shall be in writing and made generally available.  
 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 
procurements in which they have, or have had, an 
interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
 
2. In the event of a [complaint][challenge] by a 
supplier that [[a Party]US,CDA [a procuring 
entity]CT,NOR,HKC has failed to apply]US,CDA,CT [there has 
been a breach of]EC this Agreement arising in the 
context of a covered procurement in which the 
supplier has, or has had, an interest, each Party shall 
encourage the procuring entity and supplier to seek 
resolution of the [complaint][challenge] through 
consultations . The pro curing entity shall accord 
impartial and timely consideration to any such 
complaint in a manner that is prejudicial neither to 
the supplier's participation in ongoing or future 
procurement nor to the supplier's rights to seek 
corrective measures under the challenge system.  
 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 prepare and submit a challenge, 
which in no case shall be less than 10  days from the 
time when the basis of the challenge became known 
or reasonably should have become known to the 
supplier [but in no case later than  30 days after the 
procuring entity has informed the participating 
suppliers of the decision on contract award]HKC,CT. 
 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 establish or designate at least 
one impartial administrative or judicial authorit y that 
is independent of its procuring entities to receive and 
review challenges  of suppliers arising in the context 
of a covered procurement. 
 
5. Where a body other than an authority referred 
to in paragraph  4 initially reviews a challenge, the 
Party shal l 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. Challenges shall be heard by a court 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...  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 a ll relevant documents to 
the review body;  
  (g) documents are disclosed to the 
review body.  
 
 (e) opinions or decisions are given 
in writing with a statement 
describing the basis for the 
opinions or decisions;  
 
(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[, subject to 
Article  XIII (Non-Disclosure of 
Information)]US,HKC; 
  (c) participants shall have access to 
all proceedings;  
 
(e) the participants to the proceedings 
shall have the right to request that 
the proceedings take place in 
public[, subject to 
Article  XIII (Non-Disclosure of 
Information),]US,JPN 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:  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) rapid interim measures[, pending 
the resolution of a 
challenge,]US,CDA,HKC [to correct 
breaches of the Agreement 
and]JPN,EC to preserve the supplier's 
opportunity to participate in the 
procurement . S uch 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 should be applied . In 
such circumstances, just cause for 
not acting shall be provided in 
writing;  
  (a) rapid interim meas ures to 
correct breaches of the Agreement 
and to preserve commercial 
opportunities . Such action 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 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) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which 
may be limited to costs for the 
preparation of the tender or 
challenge[ ; and 
  (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.  
 
(c) protection of the confidentiality of 
information subject to 
Article  XIII:2]EC 
  
 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  XVIII  
Consultations and Dispute Settlement  
  
Article XXII  
Consultations and Dispute Settlement  
 
[1.] [The prov isions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") shall apply 
except as otherwise provided below.]CDA,JP N [The 
provisions of Articles  XXII and XXIII of GATT, except 
Article  XXIII:1(c)[, and the provisions of Articles XXII 
and XXIII of the GATS,]US as elaborated and applied 
by the Understanding on Rules and Procedures 
Governing the Settlement of Disputes under the W TO 
Agreement (Dispute Settlement Understanding)[, 
except as otherwise specifically determined by the 
Committee,]KOR shall apply to consultations and the 
settlement of disputes under this Agreement, except 
as otherwise specifically [provided 
herein]US[deter mined by the Committee]KOR.]US,KOR 
 1. The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of 
Disputes under the WTO Agreement (hereinafter 
referred to as the "Dispute Settlement 
Understanding") shall be applicable except a s 
otherwise specifically provided below.  
 GPA/TN1994/4/Rev.4  
- 75 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2.[1.]NOR,EC,CT [W][w]KORhere 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 another 
Party or P arties 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,]CDA,JPN,KOR [it 
may with a view to reaching a mutually satisfactory  
resolution of the matter,]EC,JPN,NOR,CT [have recourse to 
the provisions of the Dispute Settlement 
Understanding.]EC,JPN,NOR,CT [request 
consultations.]CDA]EC,JPN,NOR,CDA,CT,KOR  
 2. If any Party considers that any benefit 
accruing to it, directly or indir ectly, 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 another 
Party or Parties to carry out its obligations under this 
Agreement, or the applic ation 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 resolution of 
the matter, make written representations or 
proposals to the other Par ty or Parties which it 
considers to be concerned . Such action shall be 
promptly notified to the Dispute Settlement Body 
established under the Dispute Settlement 
Understanding (hereinafter referred to as "DSB"), as 
specified below . Any Party thus approached  shall 
give sympathetic consideration to the 
representations or proposals made to it.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
[2. The DSU applies to consultations and the 
settlement of disputes under this Agreement, with 
the following modifications:  
 
(a) ...; 
 (b) ...]NOR,E C [NB: For the EC, only 
paragraphs 5, 6 and 6 bis are to be 
included in this list.]  
 1. The provisions of the Understanding on 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.  
 
3. [Only a Member that is also a Party to this 
Agreement may seek to join in consultations 
pertaining to this Agreement, pursuant to Article  4.11 
of the DSU.]US [In the case of a dispute in which 
provisions both of this 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 th e dispute, only Members of the WTO that 
are Party to this Agreement may participate in 
decisions or actions taken by the Dispute Settlement 
Body with respect to those parts of the dispute 
concerning this Agreement.]US,CDA,JPN 
 3. The DSB shall have the aut hority 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 
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 decisions or actions 
taken by the DSB with respect to disputes under this 
Agreement.  
 
4. ... 
 
In the case of a dispute in which provisions both of 
this Agreement and of one or more other 
Agreements listed in Appendix  1 of the Dispute 
Settlement Understanding are invoked by one of th e 
parties to the dispute, paragraph 3 shall apply only 
to those parts of the panel report concerning the 
interpretation and application of this Agreement.  
 
 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 assist the DSB in 
making the recommendations or in giving the 
rulings provided for in this Agreement."  
 
... 
 
[4. Each panel established by the DSB to examine 
disputes under this Agreement shall inc lude at least 
one person qualified in the area of government 
procurement, unless Parties agree otherwise.]US,JPN,CDA  
 5. Panels established by the DSB to examine 
disputes under this Agreement should include 
persons qualified in the area of government 
procurement.  
 
[5. Each panel shall adopt appropriate procedures 
to protect confidentiality of information subject to 
Article  XIII:2.]EC 
  GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[6. Where the dispute concerns the award of a 
specific procurement, paragraphs  8 and 9 of Article  4 
of the Dispute Settlement Understanding (DSU) shall 
apply, if invoked by the complaining Party.]EC,US 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 
composition 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, notwithstan ding 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 comply with the 
recommendations and rulings, within 60 days.  
 
[6bis. (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 this Agreement 
into conformity with the 
Agreement . If the Party concerned 
indicates that it is not possible to 
bring the measures found to be 
inconsistent with this Agreement 
into conformity with the Agreement 
that Party shall, immediately after 
having made that communic ation, 
enter into consultations with a view 
to developing mutually acceptable 
compensation.  
 
(b) Any Party which has entered into 
such consultations may at any time 
request an arbitration to determine 
the level of nullification or 
impairment that was cause d by the 
measure found to be inconsistent 
with this Agreement.  
 
(c) Unless a request for arbitration has 
been made, the Party concerned 
shall, within 30  days from the 
request for consultations, submit to 
all Parties who have entered into 
such consultations , a proposal for 
mutually acceptable compensation.  
 
(d) When arbitration has been 
requested, the Party concerned 
shall submit such a proposal within  GPA/TN1994/4/Rev.4  
- 78 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 conces sions 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 
 
[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.]CDA,JPN,US 
 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 arising under this 
Agreeme nt 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.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XIX 
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 t o 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.  
 1. A Committee on Government Procurement 
composed of represent atives 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 
purpose of affording Parties the opportunity to consult 
on any matters rel ating 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.  GPA/TN1994/4/Rev.4  
- 80 - 
   
PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 
satisfactory means of redress.  
 
3. Any WTO Member that is not a Party to this 
Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a 
written notice to the Secretariat . Any WTO 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 Part ies 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.  
 GPA/TN1994/4/Rev.4  
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PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XX 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter force 
on [] for those WTO Members whose agreed 
coverage is set out in Annexes  1 through  5 of 
Appendix  I, and which have, by signatur e, accepted 
this 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 governments8 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 1 5 April 1994 
or have, by that date, signed the Agreement subject 
to ratification and subsequently ratified 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  
 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. T he 
commencement date of their 
application of the provisions, if 
prior to 1  January  1997, shall be 
notifie d 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 Kong 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 the Preamble, Article  VII and 
Article  IX other than paragraphs 5(a) and (b) and 
paragraph 10.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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 . W hen all Parties to the 
1994 Agreement have accepted this Agreement, the 
1994 Agreement shall be terminated.  
 3. (c) Between Parties to this 
Agreement which are also Parties to 
the 1988 Agreement, the rights and 
obligations of this Agreement shall 
supersede t hose 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  
 2. Accession  
3. Any Member of the WTO that is not 
a Party to this Agreement may accede to this 
Agreement on terms to be agreed between that 
Member and the Parties . Accession shall take place 
by deposit with the Director -General of the WTO of 
an instrument of accession that states the terms so 
agreed . This Agreement shall enter into force for an 
acceding Member on the 30th day following the date 
of its accession to this Agreement.  
 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 
accede to this Agreement on t erms 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 
force for an acceding gover nment 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 this Agreement.  
 4. Reservations  
 
Reservations may not be entered in respect of any of 
the provisions of this Agreement.  GPA/TN1994/4/Rev.4  
- 83 - 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
National Legislation  
 
5. Each Party shall ensure, not later than the 
date of entry into force of this Agreement for it, the 
conformity of its laws, regulations and administrative 
procedures, and the rules, procedures and practices 
applied by its procuring entities, with the provisions 
of this 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 Agre ement 
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 this 
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 relevant to this 
Agree ment 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 this 
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 WTO of development s during 
the periods covered by such 
reviews.  
 
[7bis. Not later than the end of the 
tenth  year from the date of entry into force of this 
Agreement, and periodically thereafter, the Parties 
thereto shall undertake further negotiations, with a 
view to improving this Agreement [and achieving the 
greatest possible extension of its coverage among all 
Parties]EC [without prejudice to the needs of 
developing countries]ISR.]EC,IS R [NB: Hong Kong, 
China suggested deleting "and achieving the 
greatest possible e xtension of its coverage 
among all Parties", since "with a view to 
improving this Agreement" is already general 
and fine .] (b) Not later than the end of the third 
year from the date of entry into 
force of this Agreement and 
periodically thereafter, the Par ties 
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 rela ting 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 covera ge lists, having regard to its 
economic, financial and trade situation.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[8. 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 e liminate those 
which remain on the date of entry into force of this 
Agreement.]HKC [Market Access Issue ] 
 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 into force of this Agreement.  
 
9. Following the conclusion of the work 
programme for the harmonization of rules of orig in 
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 ne gotiations into account in amending Article  [] 
as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme for 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.  
 
9bis. [Not later than the end of the third year from 
the date of entry into force of this Agreement, the 
Committee shall undertake further work to establish 
a common nomenclature for describing the subject of 
procurement notices and comm on standardized 
notices in view of improving the effectiveness of 
cross border procurement and simplifying the 
description and content of such notices.]EC 
  
Amendments  
 
10. The 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 [take 
effect for the Pa rties that have accepted them upon 
acceptance by two thirds of the Parties and 
thereafter for each other Party upon acceptance 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 an y Party until it has been 
accepted by such Party.  
Withdrawal  
 
11. Any Party may withdraw from this Agreement . 
The withdrawal shall take effect upon the expiration 
of 60  days from the date the Director -General of the 
WTO receives written notice of the withdrawal . Any 
Party may upon such notification request an 
immediate meeting of the Committee.  
 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.  
 GPA/TN1994/4/Rev.4  
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
12. If a Party to this Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to 
this Agreement with effect from the same date.  
  (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  
 
13. This Agreement shall not apply as between 
any two Parties if either Party, at the time it accepts 
or accedes to this 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 the Parties, at the 
time either accepts or accedes to this Agreement, 
does not consent t o such application.  
 
Appendices  
 
14. The Appendices to this 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  
 
15. This Agreement shall be serviced by the WTO 
Secretariat.  
 13. Secretariat  
 
 This Agreement shall be serviced by 
the WTO Secretariat.  
Deposit  
 
16. This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  [] and of each 
amendment thereto pursuant to paragraph  10, and a 
notification of each accession thereto pursuant to 
paragraph  3 and of each withdrawal therefrom 
pursuant to paragraph  11. 
 14. Deposit  
 
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectific ation 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 pursuant to paragraphs  1 and 2 and of each 
withdrawal therefrom pursuant to para graph  10 of 
this Article.  
 
Registration  
 
17. This 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 sin gle 
copy, in the English, French and Spanish languages, 
each text being authentic, except as otherwise 
specified with respect to the Appendices hereto.  
 GPA/TN1994/4/Rev.4  
- 86 - 
  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...")  recital 1 ("Recognizing...")  
recital 2 ("Recognizing...")  recital 2 ("Recognizing...")  
recital 3 ("Recognizing...")  recital 6 ("Recognizing...")  
recital 4 ("Recognizing...")   
recital 5 ("Recognizing...")  recital 5 ("Recognizing...")  
recital 6 ("Desiring...")   
recital 7 ("Desiring...")  recital 7 ("Desiring...")  
penultimate line ("Having undertaken...")  penultimate line ("Having undertaken...")  
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2 (c) -(d) 
footnote 1, entire  Article II:3  
footnote 1, second sentence ("Relevant thresholds...")  Article II:2 bis 
paragraph 2  Article II:2(e)  
paragraph 3  Article II:5  
paragraph 4  Article II:2(b)  
Article II:2 bis GPA/TN1994/4/Rev.4  
- 87 - 
   
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article II  
Valuation of Contracts   
paragraph 1  Article II:6 chapeau  
footnote 2  Article II:2(b)  
Article II:2 bis 
Article II:6 chapeau  
paragraph 2  Article II:6(b)  
paragraph 3  Article II:6(a)  
paragraph 4  Article II:7  
paragraph 5  Article II:6(b)  
Article II:6(c)  
Article II:8  
paragraph 6  Article II:6(b)  
Article III  
National Treatment and Non -discrimination   
paragraph 1  Article III:1  
paragraph 2  Article III:2  
paragraph 3  Article III:6  
Article IV  
Rules of Origin   
paragraph 1  Article III:4  
paragraph 2  Article XX:9  
Article V  
Special and Differential Treatment for 
Developing Countries   
paragraph 1 chapeau  Article XIV:1  
subparagraph 1(a)   GPA/TN1994/4/Rev.4  
- 88 - 
   
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(b)  Article XIV:1, proposal by Israel ("bearing in mind...")  
subparagraph 1(c)  Article XIV:1, proposal by Israel ("bearing in mind...")  
subparagraph 1(d)   
paragraph 2  Article XIV:2  
paragraph 3, first sentence ("With a view...")  Article XIV:3(e)  
paragraph 3, second sentence ("Developed 
countries...")  Article XIV:2  
paragraph 4  Article XIV:3(a)  
paragraph 5  Article XIV:7  
paragraph 6  Article XIV:7  
paragraph 7  Article XIV:11  
paragraph 8  Article XIV:10  
paragraph 9  Article XIV:10  
paragraph 10  Article XIV:10  
paragraph 12  Article XIV:2  
paragraph 13  Article XIV:10  
paragraph 14  Article XIV:11  
paragraph 15  Article XX:7 bis 
Article VI  
Technical Specifications   
paragraph 1  Article I:(x), definition of technical specification  
Article VII:4  
paragraph 2 chapeau  Article VII:5 chapeau  
subparagraph 2(a)  Article VII:5(a)  
subparagraph 2(b)  Article VII:5(b)  
footnote 3   
footnote 4  Article I:(v), definition of standard  
paragraph 3  Article VII:6  GPA/TN1994/4/Rev.4  
- 89 - 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 4  Article VII:7  
Article VII  
Tendering Procedures   
paragraph 1  Article II:4  
Article III:1  
Article III:3  
paragraph 2  Article XIII:1  
paragraph 3 chapeau  Article I:(i), definition of limited tendering  
Article I:(n), definition of open tendering  
Article I:(t), defintion  of selective tendering  
Article X:1  
subparagraph 3(a)  Article I:(i), definition of open tendering  
subparagraph 3(b)  Article I:(n), definition of selective tendering  
subparagraph 3(c)  Article I:(t), definition of limited tendering  
Article X:1  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:[ General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA,NOR:1 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:1(a) 
paragraph (a)  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:1(a) 
paragraph (b), first sentence  Article VIII:[ General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA.NOR:1 
paragraph (b), second sentence  Article VIII:[ General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA,NOR:2 
Article VIII:[ General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA,NOR:2bis GPA/TN1994/4/Rev.4  
- 90 - 
   
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph (c), first sentence  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph (c), second sentence  Article I:(r), definition of qualified supplier  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph (c), third sentence  Article VIII:[ Multi-Use Lists ]:6(c)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph (d)  Article VIII:[ Multi-Use Lists ]:3 
paragraph (e)  Article VIII:[ Multi-Use Lists ]:6(c)  
paragraph (f), entire  
 
paragraph (f), second sentence  Article VIII : Article VIII: [Information of Procuring 
Entities' Decisions] :1 
Article VIII:[ Multi-Use Lists]:1(d)  
paragraph (g)  Article VIII:[ Multi-Use Lists ]:5 
paragraph (h)  Article VIII:[ General Requirements ]JPN[Conditions for 
Participation ]EC,US,CDA,NOR:3 
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article V:1  
Article VIII:[ Multi-Use Lists ]:4 
paragraph 2  Article V:1  
paragraph 3  Article V:5  
Article VIII : [Multi-Use Lists ]:6 chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII:[ Multi-Use Lists ]:6(a) and (b)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[2.]EC[3.]US,CDA,KOR,JPN 
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a), first clause ("the nature and 
quantity")  Article V:2(b) chapeau  
subparagraph 6(a), second clause ("including... 
exercised")  Article V:2(b), second tiret  
Article V:2[(c)]CDA,NOR,US,JPN GPA/TN1994/4/Rev.4  
- 91 - 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(a), third clause ("in the case... 
procured")  Article V:2(b), third tiret  
subparagraph 6(b)  Article V:2[(d)]EC[(e)]CDA,NOR,US 
subparagraph 6(c)  Article V:2[(c)]EC[(d)]CDA,NOR,US 
subparagraph 6(d)  Article V:2[(e)]EC[(f)]CDA,NOR,US 
Article V:2[(f)]EC[(g)]CDA,NOR,US 
subparagraph 6(e)  Article V:2(a)  
subparagraph 6(f)  Article V:2[(g)]EC[(h)]CDA,NOR,US 
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)  Article V:2(b), first tiret  
paragraph 7  Article V:4  
paragraph 8, entire  
paragraph 8 chapeau  
subparagraph 8(a)  
subparagraph 8(b)  
subparagraph 8(c)  Article V:3  
Article V:3 chapeau  
Article V:3(a)  
Article V:3(b)  
Article V:3(c)[(d)]EC 
paragraph 9 chapeau  Article VIII:[ Multi-Use Lists ]:1 chapeau  
subparagraph 9(a)  Article VIII:[ Multi-Use Lists ]:1(a)  
subparagraph 9(b)  Article VIII:[ Multi-Use Lists ]:1(b)  
subparagraph 9(c)  Article VIII : [Multi-Use Lists ]:1(d)  GPA/TN1994/4/Rev.4  
- 92 - 
   
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article VIII:[ Multi-Use Lists ]:6 chapeau  
paragraph 9, final paragraph ("However, when.. .") Article VIII:[ Multi-Use Lists ]:2 
paragraph 10  Article VII:9  
paragraph 11  Article V:2[(i)]EC[(j)]CDA,NOR,US 
Article VIII:[ Multi-Use Lists ]:1(e)  
Article X  
Selection procedures   
paragraph 1  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN  
paragraph 2  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
paragraph 3  Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[4.]EC,US,CDA[5.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[3.]EC[4.]KOR,JPN 
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[5.]EC,US[6.]KOR,JPN 
subparagraph 1(b)   
subparagraph 2(a)  Article VI:2(a)  
subparagraph 2(b)  Article VI:2(b)  
Article VI:3 chapeau  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[3.]EC[4.]KOR,JPN 
subparagraph 2(c)  Article VI:2(b)  
Article VIII: [Selective Tendering]EC,US [Notice Inviting 
Applications]JPN:[3.]EC[4.]KOR,JPN 
paragraph 3 chapeau  Article VI:3 chapeau  
subparagraphs 3(a)(i) -(iv) Article VI:3(a)(i) -(v) 
subparagraph 3(a), final paragraph ("the 40 -day limit 
for...")  Article VI:3 chapeau  GPA/TN1994/4/Rev.4  
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subparagraph 3(b)  Article VI:3[(b)]  
subparagraph 3(c)  Article VI:3[(c)/(d)]  
subparagraph 3(d)  Article VI:7  
paragraph 4  Article VII:2  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  
subparagraph 2(a)  Article VII:1[(e)/(f)]  
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   
subparagraph 2(e)  Article VII:1(d)  
subparagraph 2(f)  Article VII:1(b)  
subparagraph 2(g)  Article VII:1(a)  
subparagraph 2(h)  Article VII:1(c)  
subparagraph 2(i)  Article VII:1[(e)/(f)]  
subparagraph 2(j)  Article VII:1[(e)/(f)]  
subparagraph 2(k)   
paragraph 3  Article VII:3  
Article XIII  
Submission, Receipt and Opening of Tenders 
and Awarding of Contracts   
subparagraph 1(a)   
subparagraph 1(b)  Article XI:4  
paragraph 2  Article XI:3  
paragraph 3  Article XI:1  
subparagraph 4(a)  Article XI:5  
Article XI:8  GPA/TN1994/4/Rev.4  
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subparagraph 4(b)  Article XI:7  
subparagraph 4(c)  Article XI:5  
paragraph 5  Article XI:6  
Article XIV  
Negotiation   
paragraph 1 chapeau  Article IX:1 chapeau  
subparagraph 1(a)  Article IX:1(a)  
subparagraph 1(b)  Article IX:1(b)  
paragraph 2   
paragraph 3   
subparagraph 4(a)  Article IX:2(a) -(b) 
subparagraph 4(b)  Article VII:9  
Article IX:2(a) -(b) 
subparagraph 4(c)  Article IX:2(a) -(b) 
subparagraph 4(d)  Article IX:2(a) -(b) GPA/TN1994/4/Rev.4  
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Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X:1 chapeau  
subparagraph 1(a)  Article X:1(a)  
subparagraph 1(b)  Article X:1(b)  
subparagraph 1(c)  Article X:1(d)  
subparagraph 1(d)  Article X:1(c)  
footnote 5  Article X:1(c)  
subparagraph 1(e)  Article X:1(f)  
footnote 6  Article X:1(f)  
subparagraph 1(f)  Article X:1(g)  
subparagraph 1(g)  Article X:1(h)  
subparagraph 1(h)  Article X:1(e)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  
paragraph 2  Article X:2  
Article XVI  
Offsets   
paragraph 1  Article III:5  
paragraph 2  Article XIV:3(b)  
footnote 7  
 Article I:(m), definition of offsets  GPA/TN1994/4/Rev.4  
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Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XIX:3  
Article XVIII  
Information and Review as Regards Obligations 
of Entities   
paragraph 1 chapeau  Article XII:2 chapeau  
subparagraph 1(a)  Article XII:2(a)  
subparagraph 1(b)  Article XII:2(b)  
subparagraph 1(c)  Article XII:2(e)  
subparagraph 1(d)  Article XII:2(c)  
subparagraph 1(e)  Article XII:2(d)  
subparagraph 1(f)  Article XII:2(f)  
subparagraph 1(g)  Article XII:2(f)  
subparagraph 2(a)  Article XII:1  
subparagraph 2(b)   
subparagraph 2(c)  Article XII:1  
paragraph 3  Article XII:1  
paragraph 4  Article XIII:2  
Article XIX  
Information and Review as Regards Obligations 
of Parties   
paragraph 1  Article IV  
paragraph 2  Article XII:3  
paragraph 3  Article XII:3  
paragraph 4  Article XIII:1  
paragraph 5 chapeau  Article XII:5(a)  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  GPA/TN1994/4/Rev.4  
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subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XI I:5(b)  
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  
subparagraph 5(c), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XII:5(b)  
subparagraph 5(d), first clause ("for entities in 
Annex  1,...")  Article XII:5(a)  
subparagraph 5(d), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XII:5(b)  
paragraph 5, final paragraph ("To the extent that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVII:2  
paragraph 2  Article XVII:1  
paragraph 3  Article XVII:1  
paragraph 4  Article XII:4  
Article XII:4 bis 
paragraph 5  Article XVII:3  
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVII:4  
Article XVII:5  
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVII:6 chapeau  
subparagraph 6(a)  Article XVII:6(b)  
subparagraph 6(b)  Article XVII:6(c)  
subparagraph 6(c)  Article XVII:6(d)  
subparagraph 6(d)  Article XVII:6(e)  
subparagraph 6(e)  Article XVII:6(a)  
subparagraph 6(f)  Article XVII:6(f)  GPA/TN1994/4/Rev.4  
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subparagraph 6(g)  Article XVII:6(a)  
paragraph 7 chapeau  Article XVII:7 chapeau  
subparagraph 7(a)  Article XVII:7(a)  
subparagraph 7(b)   
subparagraph 7(c)  Article XVII:7(b)  
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XIX:1  
paragraph 2  Article XIX:2  
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XVIII:[1]  
Article  XVIII:[2(a) -(b)]NOR,EC 
paragraph 2  Article  XVIII:[2][1]NOR,EC,CT 
 
paragraph 3  Article XVIII:3  
paragraph 4, first part   
paragraph 4, second part ("In the case of a 
dispute...")  Article XVIII:3  
paragraph 5  Article XVIII:[4]US,JPN,CDA 
paragraph 6  Article XVIII:[6]EC,US 
paragraph 7  Article XVIII:[7]CDA,JPN,US 
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article XV:1  
paragraph 2  Article XV:2  
Article XXIV  
Final Provisions   
paragraph 1  Article XX:1  
footnote 8  Article XX:1  GPA/TN1994/4/Rev.4  
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paragraph 2  Article XX:3  
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XX:2  
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article XX:4  
subparagraph 5(a)  Article XX:5  
subparagraph 5(b)  Article XX:6  
subparagraph 6(a) first sentence  Article XVI:1  
subparagraph 6(a) second sentence  Article XVI:[10]  
subparagraph 6(a) third sentence   
subparagraph 6(a) fourth sentence  Article XVI:2  
Article XVI:3  
subparagraph 6(a) fifth sentence  Article XVI:4  
Article XVI:4( bis) 
Article XVI:5  
Article XVI:6  
Article XVI:7  
Article XVI:8  
Article XVI:9  
subparagraph 6(b), first sentence  Article XVI:1  
subparagraph 6(b), second sentence  Article XVI:[10]  
subparagraph 6(b), third and fourth sentence  Article XVI:4  
Article XVI:4( bis) 
Article XVI:5  
Article XVI:6  
Article XVI:7  
Article XVI:8  
Article XVI:9  
subparagraph 7(a)  Article XX:7  
subparagraph 7(b)  Article XX:7 bis 
subparagraph 7(c)  Article XX:8  GPA/TN1994/4/Rev.4  
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paragraph 8  Article II:1  
Article XI bis  
paragraph 9  Article XX:10  
subparagraph 10(a)  Article XX:11  
subparagraph 10(b)  Article XX:12  
paragraph 11  Article XX:13  
paragraph 12  Article XX:14  
paragraph 13  Article XX:15  
paragraph 14  Article XX:16  
paragraph 15  Article XX:17  
Closing paragraph   
closing paragraph (" Done at...")   closing paragraph  
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 XV:4  
APPENDIX I, AN NEX 5  
Definition  Article I:(c), definition of construction services 
contract  
 
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