RESTRICTED  
  
GPA/TN1994/3/Rev.22  
 
19 November  2007 
(24-2591) Page: 1/27 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994   
 
 
LEGAL CHECK OF THE REVISED TEXT OF THE AGREEMENT ON GOVERNMENT  
PROCUREMENT (ARTICLES I -XXI) AS AT 13 NOVEMBER 2007 
NOTE BY THE SECRETARIAT  
Revision  
Attached are Articles I -XXI of the provisionally agreed revised GPA text after completion of the "legal 
check".  
 
Elements of the text that remain subject to discussion by Parties are indicated by remaining N.B.s 
(see Preamble (Final Recital) and the end of the text (bottom of page  29)). In addition, the 
negotiators' note on Article I I:4 is retained.  
 
The attached version of the text does not include Article XXII of the revised Agreement or possible 
related draft decisions which remain subject to substantive discussion and are set out in a separate 
document (to be issued).  
 
It is recal led that, in his statement at the conclusion of the discussion on the text at the GPA meetings 
in April, the Chairman indicated that "nothing will be deemed agreed until the complete results of 
the legal check are adopted".  
 
This document is being issued i n English only.  French and Spanish versions which also include the 
changes proposed in the linguistic verification exercise which took place on 14  November will be 
issued separately and are subject to completion of that exercise.  
 
Please note that two corrections have been made to the punctuation on pages 7 and 14, as indicated 
in the Secretariat footnotes (which will be deleted from all subsequent texts).  
 
_______________  
  
 
 Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs268 ) was derestricted on 8 November 2023.  GPA/TN1994/3/Rev.22  
 
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  Table of Contents  
Article  I Definitions  ................................ ................................ ................................ ...... 3 
Article  II Scope and Coverage  ................................ ................................ ........................  5 
Article  III Security and General Exceptions  ................................ ................................ ........  7 
Article IV  General Principles  ................................ ................................ ............................  7 
Article  V Developing Countries  ................................ ................................ .......................  9 
Article  VI Information on the Procurement System  ................................ ............................  10 
Article  VII Notices  ................................ ................................ ................................ ..........  10 
Article  VIII Conditions for Participation  ................................ ................................ .............  12 
Article IX  Qualification of Suppliers  ................................ ................................ .................  13 
Article  X Technical Specifications and Tender Documentation  ................................ .............  15 
Article  XI Time-Periods  ................................ ................................ ................................ .. 17 
Article  XII Negotiation  ................................ ................................ ................................ .... 18 
Article  XIII Limited Tendering  ................................ ................................ ..........................  19 
Article  XIV Electronic Auctions  ................................ ................................ .........................  20 
Article  XV Treatment of Tenders and Awarding of Contracts  ................................ ................  20 
Article  XVI Transparency of Procurement Information  ................................ .........................  21 
Article  XVII Disclosure of Information  ................................ ................................ ...............  22 
Article  XVIII Domestic Review Procedures  ................................ ................................ .........  23 
Article  XIX Modifications and Rectifications to Coverage  ................................ ......................  24 
Article  XX Consultations and Dispute Settlement  ................................ ................................  26 
Article  XXI Institutions  ................................ ................................ ................................ ... 26 
Article XXII  Final Provisions  ................................ ................................ ............................  27 
 
 
  GPA/TN1994/3/Rev.22  
 
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  Preamble  
The Parties to this Agreement (hereinafter referred to as "the Parties"),  
 
Recognizing  the need for an effective multilateral framework for government procurement, with a 
view to achieving greater liberalization and expansion of, and improving the framework for, the 
conduct of internat ional trade;  
 
Recognizing  that measures regarding government procurement should not be prepared, adopted or 
applied so as to afford protection to domestic suppliers, goods or services, or to discriminate among 
foreign suppliers, goods or services;  
 
Recogni zing that the integrity and predictability of government procurement systems are integral to 
the efficient and effective management of public resources, the performance of the Parties' 
economies and the functioning of the multilateral trading system;  
 
Recognizing  that the procedural commitments under this Agreement should be sufficiently flexible 
to accommodate the specific circumstances of each Party;  
 
Recognizing  the need to take into account the development, financial and trade needs of developing 
countries, in particular the least developed countries;  
 
Recognizing the importance of transparent measures regarding government procurement, of 
carrying out procuremen ts in a transparent and impartial manner and of avoiding conflicts of interest 
and corrupt practices, in accordance with applicable international instruments, such as the United 
Nations Convention Against Corruption;  
 
Recognizing the importance of using, a nd encouraging the use of, electronic means for procurement 
covered by this Agreement;  
 
Desiring  to encourage acceptance of and accession to this Agreement by WTO Members not party 
to it; 
 
Having undertaken  further negotiations in pursuance of these object ives pursuant to 
Article  XXIV:7(b) and (c) of the Agreement on Government Procurement done at Marrakesh on 
15 April 1994 (hereinafter referred to as "the 1994 Agreement");  [N.B.:  This provision is related 
to the final status of the Agreement.]  
 
Hereby agree as follows:  
 
Article  I Definitions  
For purposes of this Agreement:  
 
(a) commercial goods or services  means goods or services of a type generally sold 
or offered for sale in the commercial marketplace to, and customarily purchased by, 
non-governmental buy ers for non -governmental purposes;  
 
(b) Committee means the Committee on Government Procurement established by 
Article  XXI:1;  
 
(c) construction service means a service  that has as its objective the realization by 
whatever means of civil or building works, based on Division  51 of the United Nations 
Provisional Central Product Classification (CPC);  
 
(d) country includes any separate customs territory that is a Party to this Agreement.  
In the case of a separate customs territory that is a Party to this Agreement, where GPA/TN1994/3/Rev.22  
 
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  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;  
 
(f) electronic auction  means an iterative process that involves the use of electronic 
means for the presentation by suppliers of either new prices, or new values for 
quantifiable non -price elements of the tender related to the evaluation criteria, or 
both, resulting in a ranking or re -ranking of tenders;  
 
(g) in writing  or written  means any worded or numbered expression that can be read, 
reproduced and later communicated.  It may include electronically transmitted and 
stored info rmation;  
 
(h) limited tendering  means a procurement method whereby the procuring entity 
contacts a supplier or suppliers of its choice;  
 
(i) measure  means any law, regulation, procedure, administrative guidance or 
practice, or any action of a procuring ent ity relating to a covered procurement;  
 
(j) multi -use list  means a list of suppliers that a procuring entity has determined 
satisfy the conditions for participation in that list, and that the procuring entity 
intends to use more than once;  
 
(k) notice of intended procurement  means a notice published by a procurin g entity 
inviting interested suppliers to submit a request for participation, a tender, or both;  
 
(l) offset  means any condition or undertaking that encourages local development or 
improves a Party's balance -of-payments accounts, such as the use of domesti c 
content, the licensing of technology, investment, counter -trade and similar action or 
requirement;  
 
(m) open tendering  means a procurement method whereby all interested suppliers may 
submit a tender;  
 
(n) person  means a natural person or a juridical pers on; 
 
(o) procuring entity  means an entity covered under a Party's Annex  1, 2 or 3 to 
Appendix  I; 
 
(p) qualified supplier  means a supplier that a procuring entity recognizes as having 
satisfied the conditions for participation;  
 
(q) selective tendering  mean s a procurement method whereby only qualified suppliers 
are invited by the procuring entity to submit a tender;  
 
(r) services  includes construction services, unless otherwise specified;  
 
(s) standard  means a document approved by a recognized body that provides for 
common and repeated use, rules, guidelines or characteristics for goods or services, 
or related processes and production methods, with which compliance is not 
mandatory.  It may also include or deal exclusively with terminology, symbols, 
packaging, marking or labelling requirements as they apply to a good, service, 
process or production method;  
 
(t) supplier  means a person or group of persons that provides or could provide goods 
or services;  and GPA/TN1994/3/Rev.22  
 
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(u) technical specification  means a tendering requirement that:  
 
(i) lays down the characteristics of goods or services to be procured, including 
quality, performance, safety and dimensions, or the processes and methods 
for their production or provisio n; or 
 
(ii) addresses terminology, symbols, packaging, marking or labelling 
requirements, as they apply to a good or service.  
 
Article  II Scope and Coverage  
Application of Agreement  
 
1. This Agreement applies to any measure regarding covered procurement, whether or not it is 
conducted exclusively or partially by electronic means.  
 
2. For the purposes of this Agreement, covered procurement means procurement for 
governmental purposes:  
 
(a) of goods, services, or any combination thereof:  
 
(i) as specified in each Party's annexes to Appendix  I; and 
 
(ii) not procured with a view to commercial sale or resale, or for use in the 
production or supply of goods or services for commercial sale or resale;  
 
(b) by any contractual means, including:  purchase;  lease;  and rental or hire purchase, 
with or without an option to buy;  
 
(c) for which the value, as estimated in accordance with paragraphs  6 through 8, equals 
or exceeds the relevant threshold specified in a Party's annexes to Appendix  I, at the 
time of p ublication of a notice in accordance with Article  VII; 
 
(d) by a procuring entity;  and 
 
(e) that is not otherwise excluded from coverage in paragraph 3 or a Party's annexes to 
Appendix I.  
 
3. Except where provided otherwise in a Party's annexes to Appendix I, this Agreement does not 
apply to:  
 
(a) the acquisition or rental of land, existing buildings or other immovable property or 
the rights thereon;  
 
(b) non-contractual agreements or any form of assistance that a Party provides, 
including cooperati ve agreements, grants, loans, equity infusions, guarantees and 
fiscal incentives;  
 
(c) the procurement or acquisition of fiscal agency or depository services, liquidation 
and management services for regulated financial institutions or services related to 
the sale, redemption and distribution of public debt, including loans and government 
bonds, notes and other securities;  
 
(d) public employment contracts;  
 
(e) procurement conducted:  
 GPA/TN1994/3/Rev.22  
 
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  (i) for the specific purpose of providing international assistance, includ ing 
development aid;  
 
 (ii) under the particular procedure or condition of an international agreement 
relating to the stationing of troops or relating to the joint implementation by 
the signatory countries of a project;  or 
 
 (iii) under the particular procedure or condition of an international organization, 
or funded by international grants, loans or other assistance where the 
applicable procedure or condition would be inconsistent with this Agreement.  
 
4. Each Party shall specify the followi ng information in its annexes to Appendix I1: 
 
(a) in Annex  1, the central government entities whose procurement is covered by this 
Agreement;  
 
(b) in Annex  2, the sub -central government entities whose procurement is covered by 
this Agreement;  
 
(c) in Ann ex 3, all other entities whose procurement is covered by this Agreement;  
 
(d) in Annex  4, the services, other than construction services, covered by this 
Agreement;  
 
(e) in Annex  5, the construction services covered by this Agreement;  and 
 
(f) in Annex  6, any General Notes.  
 
5. Where a procuring entity, in the context of covered procurement, requires persons not covered 
under a Party's annexes to Appendix  I to procure in accordance with particular requirements, 
Article  IV shall apply mutatis  mutand is to such requirements.  
 
Valuation  
 
6. In estimating the value of a procurement for the purpose of ascertaining whether it is a 
covered procurement, a procuring entity shall:  
 
(a) neither divide a procurement into separate procurements nor select or use a  
particular valuation method for estimating the value of a procurement with the 
intention of totally or partially excluding it from the application of this Agreement;  
and 
 
(b) include the estimated maximum total value of the procurement over its entire 
duration, whether awarded to one or more suppliers, taking into account all forms 
of remuneration, including:  
 
(i) premiums, fees, commissions and interest;  and 
 
(ii) where the procurement provides for the possibility of options, the total value 
of such options.  
 
7. Where an individual requirement for a procurement results in the award of more than one 
contract, or in the award of contracts in separate parts (hereinafter referred to as "recurring 
procurements"), the calculation of the estimated maximum to tal value shall be based on:  
 
 
1 Negotiators' Note:  The Parties are still considering whether to add a specific annex on goods to 
Appendix I.  GPA/TN1994/3/Rev.22  
 
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  (a) the value of recurring procurements of the same type of good or service awarded 
during the preceding 12  months or the procuring entity's preceding fiscal year, 
adjusted, where possible, to take into account anticipated cha nges in the quantity 
or value of the good or service being procured over the following 12  months;  or 
 
(b) the estimated value of recurring procurements of the same type of good or service 
to be awarded during the 12  months following the initial contract aw ard or the 
procuring entity's fiscal year.  
 
8. In the case of procurement by lease, rental or hire purchase of goods or services, or 
procurement for which a total price is not specified, the basis for valuation shall be:  
 
(a) in the case of a fixed -term co ntract:  
 
(i) where the term of the contract is 12  months or less, the total estimated 
maximum value for its duration;  or* 
 
(ii) where the term of the contract exceeds 12  months, the total estimated 
maximum value, including any estimated residual value;  
 
(b) where the contract is for an indefinite period, the estimated monthly instalment 
multiplied by 48;  and 
 
 (c) where it is not certain whether the contract is to be a fixed -term contract, 
subparagraph  (b) shall be used.  
 
Article  III Security and General Exceptions  
1. Nothing in this Agreement shall be 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.  
 
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 prote ct public morals, order or safety;  
 
(b) necessary to protect human, animal or plant life or health;  
 
(c) necessary to protect intellectual property;  or 
 
(d) relating to goods or services of persons with disabilities, philanthropic institutions 
or prison la bour.  
 
Article IV  General Principles  
Non-Discrimination  
 
1. With respect to any measure regarding 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 
 
* Secretariat Note:  semi-colon inserted in place of comma after "duration".  GPA/TN1994/3/Rev.22  
 
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(b) goods,  services and suppliers of any other Party.  
 
2. With respect to any measure regarding covered procurement, a Party, including its procuring 
entities, shall not:  
 
(a) treat a locally established supplier less favourably than another locally established 
supplier on the basis of the degree of foreign affiliation or ownership;  or 
 
(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 serv ices 
of any other Party.  
 
Use of Electronic Means  
 
3. When conducting covered procurement by electronic means, a procuring entity shall:  
 
(a) ensure that the procurement is conducted using information technology systems and 
software, including those relate d to authentication and encryption of information,  
that are generally available and interoperable with other generally available 
information technology systems and software;  and 
 
(b) maintain mechanisms that ensure the integrity of requests for participation and 
tenders, including establishment of the time of receipt and the prevention of 
inappropriate access.  
 
Conduct of Procurement  
 
4. A procuring entity shall conduct covered procurement in a transparent and impartial manner 
that: 
 
(a) is consi stent with this Agreement, using methods such as open tendering, selective 
tendering and limited tendering;  
 
(b) avoids conflicts of interest;  and 
 
(c) prevents corrupt practices.  
 
Rules of Origin  
 
5. For purposes of covered procurement, a Party shall not apply rules of origin to goods or 
services imported from or supplied from another Party that are different from the rules of origin the 
Party applies at the same time in the normal course of trade to imports or supplies of the same 
goods or services from t he same Party.  
 
Offsets  
 
6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, 
take account of, impose or enforce any offset.  
 
Measures Not Specific to Procurement  
 
7. Paragraphs  1 and 2 shall not apply to:  custo ms duties and charges of any kind imposed on, 
or in connection with, importation;  the method of levying such duties and charges;  other import 
regulations or formalities and measures affecting trade in services other than measures governing 
covered procurem ent. 
 GPA/TN1994/3/Rev.22  
 
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  Article  V Developing Countries  
1. In negotiations on accession to, and in the implementation and administration of, this 
Agreement, the Parties shall give special consideration to the development, financial and trade needs 
and circumstances of develo ping countries and least developed countries (collectively referred to 
hereinafter as "developing countries", unless specifically identified otherwise), recognizing that these 
may differ significantly from country to country.  As provided for in this Articl e and on request, the 
Parties shall accord special and differential treatment to:  
 
(a) least developed countries;  and 
 
(b) any other developing country, where and to the extent that this special and 
differential treatment meets its development needs.  
 
2. Upon accession by a developing country to this Agreement, each Party shall provide 
immediately to the goods, services and suppliers of that country the most favourable coverage that 
the Party provides under its annexes to Appendix  I to any other Party to t his Agreement, subject to 
any terms negotiated between the Party and the developing country in order to maintain an 
appropriate balance of opportunities under this Agreement.  
 
3. Based on its development needs, and with the agreement of the Parties, a deve loping country 
may adopt or maintain one or more of the following transitional measures, during a transition period 
and in accordance with a schedule, set out in its relevant annexes to Appendix  I, and applied in a 
manner that does not discriminate among t he other Parties:  
 
(a) a price preference programme, provided that the programme:  
 
(i) provides a preference only for the part of the tender incorporating goods or 
services originating in the developing country applying the preference or 
goods or services orig inating in other developing countries in respect of 
which the developing country applying the preference has an obligation to 
provide national treatment under a preferential agreement, provided that 
where the other developing country is a Party to this Agr eement, such 
treatment would be subject to any conditions set by the Committee;  and 
 
(ii) is transparent, and the preference and its application in the procurement are 
clearly described in the notice of intended procurement;  
 
(b) an offset, provided that any requirement for, or consideration of, the imposition of 
the offset is clearly stated in the notice of intended procurement;  
 
(c) the phased -in addition of specific entities or sectors;  and 
 
(d) a threshold that is higher than its permanent threshold.  
 
4. In negotiations on accession to this Agreement, the Parties may agree to the delayed 
application of any specific obligation in this Agreement, other than Article  IV:1(b), by the acceding 
developing country while that country implem ents the obligation.  The implementation period shall 
be: 
 
(a) for a least developed country, five years after its accession to this Agreement;  and 
 
(b) for any other developing country, only the period necessary to implement the 
specific obligation and not  to exceed three years . 
 
5. Any developing country that has negotiated an implementation period for an obligation under 
paragraph  4 shall list in its Annex 6 to Appendix  I the agreed implementation period, the specific 
obligation subject to the implementat ion period and any interim obligation with which it has agreed 
to comply during the implementation period.  
6. After this Agreement has entered into force for a developing country, the Committee, 
on request of the developing country, may:  GPA/TN1994/3/Rev.22  
 
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  (a) extend the tra nsition period for a measure adopted or maintained under paragraph  3 
or any implementation period negotiated under paragraph  4; or 
 
(b) approve the adoption of a new transitional measure under paragraph  3, in special 
circumstances that were unforeseen duri ng the accession process.  
 
7. A developing country that has negotiated a transitional measure under paragraph  3 or 6, an 
implementation period under paragraph  4 or any extension under paragraph  6 shall take such steps 
during the transition period or implementation period as may be necessary to ensure that it is in 
compliance with this Agreement at the end of any such period.  The developing country shall promptly 
notify the Committee of each step.  
 
8. The Parties shall give due consideration to any req uest by a developing country for technical 
cooperation and capacity building in relation to that country's accession to, or implementation of, 
this Agreement.  
 
9. The Committee may develop procedures for the implementation of this Article.  Such 
procedures may include provisions for voting on decisions relating to requests under paragraph  6. 
 
10. The Committee shall review the operation and effectiveness of this Article every five  years.  
 
Article  VI Information on the Procurement System  
1. Each Party shall:  
 
(a) promptly publish any law, regulation, judicial decision, administrative ruling of 
general application, standard contract clause mandated by law or regulation and 
incorporated by reference in notices or tender documentation and procedure 
regarding cove red procurement, and any modifications thereof, in an officially 
designated electronic or paper medium that is widely disseminated and remains 
readily accessible to the public;  and 
 
(b) provide an explanation thereof to any Party, on request.  
 
2. Each Party shall list:  
 
(a) in Appendix II, the electronic or paper media in which the Party publishes the 
information described in paragraph  1; 
 
(b) in Appendix III, the electronic or paper media in which the Party publishes the 
notices required by Articles VI I, IX:7 and XVI:2;  and 
 
(c) in Appendix IV, the website address or addresses where the Party publishes:  
 
  (i) its procurement statistics pursuant to Article XVI:5;  or 
 
  (ii) its notices concerning awarded contracts pursuant to Article XVI:6.  
 
3. Each Party shall promptly notify the Committee of any modification to the Party's information 
listed in Appendix II, III or IV.  
 
Article  VII Notices  
Notice of Intended Procurement  
 
1. For each covered procurement, a procuring entity shall publish a notice of in tended 
procurement in the appropriate paper or electronic medium listed in Appendix  III, except in the 
circumstances described in Article  XIII. Such medium shall be widely disseminated and such notices 
shall remain readily accessible to the public, at leas t until expiration of the time -period indicated in 
the notice.  The notices shall:  
 GPA/TN1994/3/Rev.22  
 
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  (a) for procuring entities covered under Annex  1, be accessible by electronic means free 
of charge through a single point of access, for at least any minimum period of time 
specified in Appendix III;  and 
 
(b) for procuring entities covered under Annex 2 or 3, where accessible by electronic 
means, be provided, at least, through links in a gateway electronic site that is 
accessible free of charge.  
 
Parties, including their proc uring entities covered under Annex 2 or 3, are encouraged to publish 
their notices by electronic means free of charge through a single point of access.  
 
2. Except as otherwise provided in this Agreement, each notice of intended procurement shall 
include:  
 
(a) the name and address of the procuring entity and other information necessary to 
contact the procuring entity and obtain all relevant documents relating to the 
procurement, and their cost and terms of payment, if any;  
 
(b) a description of the procurement, including the nature and the quantity of the goods 
or services to be procured or, where the quantity is not known, the estimated 
quantity;  
 
(c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices 
of intended procurement;  
 
(d) a description of any options;  
 
(e) the time -frame for delivery of goods or services or the duration of the contract;  
 
(f) the procurement method that will be used and whether it will involve negotiation or 
electronic auction;  
 
(g) where a pplicable, the address and any final date for the submission of requests for 
participation in the procurement;  
 
(h) the address and the final date for the submission of tenders;  
 
(i) the language or languages in which tenders or requests for participation may be 
submitted, if they may be submitted in a language other than an official language of 
the Party of the procuring entity;  
 
(j) a list and brief description of any conditions for participation of suppliers, including 
any requirements for specific documents or certifications to be provided by suppliers 
in connection therewith, unless such requirements are included in tender 
documentation that is made available to all interested suppliers at the same time as 
the notice of intended procuremen t; 
 
(k) where, pursuant to Article  IX, 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 
 
(l) an indication that the procurement is covered by this Agreement.  
 
Summary Notice  
 
3. For each case of intended procurement, a procuring entity shall publish a summary notice that 
is readily accessible, at the same time as the publication of the notice of intended procurement, in 
one of the WTO languages.  The summary notice shall contain at least the following information:  GPA/TN1994/3/Rev.22  
 
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(a) the subject -matter of the procurement;  
 
(b) the final date for the submission of tenders o r, where applicable, any final date for 
the submission of requests for participation in the procurement or for inclusion on a 
multi-use list;  and 
 
(c) the address from which documents relating to the procurement may be requested.  
 
Notice of Planned Procure ment 
 
4. Procuring entities are encouraged to publish in the appropriate paper or electronic medium 
listed in Appendix  III as early as possible in each fiscal year a notice regarding their future 
procurement plans (hereinafter referred to as "notice of pla nned procurement").  The notice of 
planned procurement should include the subject -matter of the procurement and the planned date of 
the publication of the notice of intended procurement.  
 
5. A procuring entity covered under Annex  2 or 3 may use a notice of planned procurement as a 
notice of intended procurement provided that the notice of planned procurement includes as much 
of the information referred to in paragraph  2 as is available to the entity and a statement that 
interested suppliers should express their interest in the procurement to the procuring entity.  
 
Article  VIII Conditions for Participation  
1. A procuring entity shall limit any conditions for participation in a procurement to those that 
are essential to ensure that a supplier has the legal and financial capacities and the commercial and 
technical abilities to undertake the relevant procurement.  
 
2. In establishing the conditions for participation, a procuring entity:  
 
(a) shall not impose the condition that, in order for a supplier to participate in a 
procurement, the supplier has previously been awarded one or more contracts by a 
procuring entity of a given Party;  and 
 
(b) may require relevant prior experience where essential to meet the requirements of 
the procurement.  
 
3. In assessin g whether a supplier satisfies the conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial capacity and the commercial and technical abilities of a 
supplier on the basis of that supplier's business activities both inside and out side the 
territory of the Party of the procuring entity;  and 
 
(b) shall base its evaluation on the conditions that the procuring entity has specified in 
advance in notices or tender documentation.  
 
4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a 
supplier on grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) significant or persistent deficiencies in performance of any substantive requirement 
or obligation under a prior contract or contrac ts;  
 
(d) final judgments in respect of serious crimes or other serious offences;  
 GPA/TN1994/3/Rev.22  
 
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  (e) professional misconduct or acts or omissions that adversely reflect on the 
commercial integrity of the supplier;  or 
 
(f) failure to pay taxes.  
 
Article IX  Qualification of Suppliers  
Registration Systems and Qualification Procedures  
 
1. A Party, including its procuring entities, may maintain a supplier registration system under 
which interested suppliers are required to register and provide certain informatio n. 
 
2. Each Party shall ensure that:  
 
(a) its procuring entities make efforts to minimize differences in their qualification 
procedures;  and 
 
(b) where its procuring entities maintain registration systems, the entities make efforts 
to minimize differences in their registration systems.  
 
3. A Party, including its procuring entities, shall not adopt or apply any registration system or 
qualification procedure with the purpose or the effect of creating unnecessary obstacles to the 
participation of s uppliers of another Party in its procurement.  
 
Selective Tendering  
 
4. Where a procuring entity  intends to use selective tendering, the entity shall:  
 
(a) include in the notice of intended procurement at least the information specified in 
Article  VII:2(a),  (b), (f), (g), (j), (k) and (l) and invite suppliers to submit a request 
for participation;  and 
 
(b) provide, by the commencement of the time -period for tendering, at least the 
information in Article  VII:2 (c), (d), (e), (h) and (i) to the qualified suppl iers that it 
notifies as specified in Article  XI:3(b).* 
 
5. A procuring entity shall  allow all qualified suppliers to participate in a particular procurement, 
unless the procuring entity states in the notice  of intended procurement any limitation on the n umber 
of suppliers that will be permitted to tender and the criteria for selecting the limited number of 
suppliers.  
 
6. Where the tender documentation is not made publicly available from the date of publication 
of the notice referred to in paragraph  4, a procuring entity shall ensure that those documents are 
made available at the same time to all the qualified suppliers selected in accordance with 
paragraph  5. 
 
Multi-Use Lists  
 
7. A procuring entity may maintain a multi -use list of suppliers , provided that a notice inviting 
interested suppliers to apply for inclusion on the list is:  
 
 (a) published annually;  and 
 
 (b) where published by electronic means, made available continuously,  
 
in the appropriate medium listed in Appendix  III. 
 
* Secretariat Note:  comma inserted after "provide".  GPA/TN1994/3/Rev.22  
 
- 14 - 
 
   
8. The notice provided for in paragraph  7 shall include:  
 
(a) a description of the goods or services, or categories thereof, for which the list may 
be used;  
 
(b) the conditions for participation to be satisfied by suppliers for inclusion on the list 
and the m ethods that the procuring entity will use to verify that a supplier satisfies 
the conditions;  
 
(c) the name and address of the procuring entity and other information necessary to 
contact the entity and obtain all relevant documents relating to the list;  
 
(d) the period of validity of the list and the means for its renewal or termination, or 
where the period of validity is not provided, an indication of the method by which 
notice will be given of the termination of use of the list;  and 
 
(e) an indication that the list may be used for procurement covered by this Agreement.  
 
9. Notwithstanding paragraph  7, where a multi -use list will be valid for three years or less, a 
procuring entity may publish the notice referred to in paragraph  7 only once, a t the beginning of the 
period of validity of the list, provided that the notice:  
 
(a) states the period of validity and that further notices will not be published;  and 
 
(b) is published by electronic means and is made available continuously during the 
period of its validity.  
 
10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multi -use list 
and shall include on the list all qualified suppliers within a reasonably short time.  
 
11. Where a supplier that is not included on  a multi -use list submits a request for participation in 
a procurement based on a multi -use list and all required documents, within the time -period provided 
for in Article  XI:2, a procuring entity shall examine the request.  The procuring entity shall not 
exclude the supplier from consideration in respect of the procurement on the grounds that the entity 
has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of 
the procurement, the entity is not able to complete the  examination of the request within the 
time-period allowed for the submission of tenders.  
 
Annex  2 and Annex  3 Entities  
 
12. A procuring entity covered under Annex  2 or 3 may use a notice inviting suppliers to apply for 
inclusion on a multi -use list as a n otice of intended procurement, provided that:  
 
(a) the notice is published in accordance with paragraph 7 and includes the information 
required under paragraph  8, as much of the information required under Article  VII:2 
as is available and a statement that it constitutes a notice of intended procurement 
or that only the suppliers on the multi -use list will receive further notices of 
procurement covered by the multi -use list;  and 
 
(b) the entity promptly provides to suppliers that have expressed an interest i n a given 
procurement to the entity, sufficient information to permit them to assess their 
interest in the procurement, including all remaining information required in 
Article  VII:2, to the extent such information is available.  
 
13. A procuring entity covered under Annex  2 or 3 may allow a supplier that has applied for 
inclusion on a multi -use list in accordance with paragraph  10 to tender in a given procurement, 
where there is sufficient time for the procuring entity to examine whether the suppl ier satisfies the 
conditions for participation.  
 GPA/TN1994/3/Rev.22  
 
- 15 - 
 
  Information on Procuring Entity Decisions  
 
14. A procuring entity shall promptly inform any supplier that submits a request for participation 
in a procurement or application for inclusion on a multi -use list  of the procuring entity's decision 
with respect to the request or application.  
 
15. Where a procuring entity rejects a supplier's request for participation in a procurement or 
application for inclusion on a multi -use list, ceases to recognize a supplier a s qualified, or removes 
a supplier from a multi -use list, the entity shall promptly inform the supplier and, on request of the 
supplier, promptly provide the supplier with a written explanation of the reasons for its decision.  
 
Article  X Technical Specific ations and Tender Documentation  
Technical Specifications  
 
1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe 
any conformity assessment procedure with the purpose or the effect of creating unnecessary 
obstacles to international trade.  
 
2. In prescribing the technical specifications for the goods or services being procured, a procuring 
entity shall, where appropriate:  
 
(a) set out the technical specification in terms of performance and functional 
requirements, rather than design or descriptive characteristics;  and 
 
(b) base the technical specification on international standards, where such exist;  
otherwise, on national technical regulations, recognized national standards or 
building codes.  
 
3. Where design or descriptive characteristics are used in the technical specifications, a procuring 
entity should indicate, where appropriate, that it will consider tenders of equivalent goods or services 
that demonstrably fulfil the requirements of the procurem ent by including words such as "or 
equivalent" in the tender documentation.  
 
4. A procuring entity shall not prescribe technical specifications that require or refer to a 
particular trademark or trade name, patent, copyright, design, type, specific origin,  producer or 
supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement 
requirements and provided that, in such cases, the entity includes words such as "or equivalent" in 
the tender documentation.  
 
5. A procu ring entity shall not seek or accept, in a manner that would have the effect of 
precluding competition, advice that may be used in the preparation or adoption of any technical 
specification for a specific procurement from a person that may have a commercia l interest in the 
procurement.  
6. For greater certainty, a Party, including its procuring entities, may, in accordance with this 
Article, prepare, adopt or apply technical specifications to promote the conservation of natural 
resources or protect the envir onment.  
 
Tender Documentation  
 
7. A procuring entity shall make available to suppliers tender documentation that includes all 
information necessary to permit suppliers to prepare and submit responsive tenders.  Unless already 
provided in the notice of inten ded procurement, such documentation shall include a complete 
description of:  
 
(a) the procurement, including the nature and the quantity of the goods or services to 
be procured or, where the quantity is not known, the estimated quantity and any GPA/TN1994/3/Rev.22  
 
- 16 - 
 
  requirement s to be fulfilled, including any technical specifications, conformity 
assessment certification, plans, drawings or instructional materials;  
 
(b) any conditions for participation of suppliers, including a list of information and 
documents that suppliers are required to submit in connection with the conditions 
for participation;  
 
(c) all evaluation criteria the entity will apply in the awarding of the contract, and, except 
where price is the sole criterion, the relative importance of such criteri a; 
 
(d) where the procuring entity will conduct the procurement by electronic means, any 
authentication and encryption requirements or other requirements related to the 
submission of information by electronic means;  
 
(e) where the procuring entity will hold an electronic auction, the rules, including 
identification of the elements of the tender related to the evaluation criteria, on which 
the auction will be conducted;  
 
(f) where there will be a public opening of tenders, the date, time and place for the  
opening and, where appropriate, the persons authorized to be present;  
 
(g) any other terms or conditions, including terms of payment and any limitation on the 
means by which tenders may be submitted, such as whether on paper or by 
electronic means;  and 
 
(h) any dates for the delivery of goods or the supply of services.  
 
8. In establishing any date for the delivery of goods or the supply of services being procured, a 
procuring entity shall take into account such factors as the complexity of the procurement,  the extent 
of subcontracting anticipated and the realistic time required for production, de -stocking and 
transport of goods from the point of supply or for supply of services.  
 
9. The evaluation criteria set out in the notice of intended procurement or te nder documentation 
may include, among others, price and other cost factors, quality, technical merit, environmental 
characteristics and terms of delivery.  
 
10. A procuring entity shall promptly:  
 
(a) make available tender documentation to ensure that interested suppliers have 
sufficient time to submit responsive tenders;  
 
(b) provide, on request, the tender documentation to any interested supplier;  and 
 
(c) reply to any reasonable request for relevant information by any interested or 
participating supp lier, provided that such information does not give that supplier an 
advantage over other suppliers.  
 
Modifications  
 
11. Where, prior to the award of a contract, a procuring entity modifies the criteria or requirements 
set out in the notice of intended proc urement 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 suppliers t hat are participating at the time of the modification, amendment or 
re-issuance, where such suppliers are known to the entity, and in all other cases, in 
the same manner as the original information was made available;  and GPA/TN1994/3/Rev.22  
 
- 17 - 
 
   
(b) in adequate time to allow such suppliers to modify and re -submit amended tenders, 
as appropriate.  
 
Article  XI Time -Periods  
General  
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for 
suppliers to prepare and submit requests for p articipation and responsive tenders, taking into 
account such factors as:  
 
(a) the nature and complexity of the procurement;  
 
(b) the extent of subcontracting anticipated;  and 
 
(c) the time necessary for transmitting tenders by non -electronic means from fo reign 
as well as domestic points where electronic means are not used.  
 
Such time -periods, including any extension of the time -periods, shall be the same for all interested 
or participating suppliers.  
 
Deadlines  
 
2. A procuring entity that uses selective tendering shall establish that the final date for the 
submission of requests for participation shall not, in principle, be less than 25  days from the date of 
publication of the notice of intended procurement.  Where a state of urgency duly substan tiated by 
the procuring entity renders this time -period impracticable, the time -period may be reduced to not 
less than 10  days.  
 
3. Except as provided for in paragraphs  4, 5, 7 and 8 a procuring entity shall establish that the 
final date for the submission  of tenders shall not be less than 40  days from the date on which:  
 
(a) in the case of open tendering, the notice of intended procurement is published;  or 
 
(b) in the case of selective tendering, the entity notifies suppliers that they will be invited 
to submit tenders, whether or not it uses a multi -use list.  
 
4. A procuring entity may reduce the time -period for tendering established in accordance with 
paragraph  3 to not less than 10  days where:  
 
(a) the procuring entity has published a notice of planned p rocurement as described in 
Article  VII:4 at least 40  days and not more than 12  months in advance of the 
publication of the notice of intended procurement, and the notice of planned 
procurement contains:  
 
(i) a description of the procurement;  
 
(ii) the approximate final dates for the submission of tenders or requests for 
participation;  
 
(iii) a statement that interested suppliers should express their interest in the 
procurement to the procuring entity;  
 
(iv) the address from which documents relating to t he procurement may be 
obtained;  and 
 
(v) as much of the information that is required for the notice of intended 
procurement under Article  VII:2, as is available;  GPA/TN1994/3/Rev.22  
 
- 18 - 
 
   
(b) the procuring entity, for procurements of a recurring nature, indicates in an initial 
notice of intended procurement that subsequent notices will provide time -periods for 
tendering based on this paragraph;  or 
 
(c) a state of urgency duly substantiated by the procuring entity renders the time -period 
for tendering established in accor dance with paragraph 3 impracticable.  
 
5. A procuring entity may reduce the time -period for tendering established in accordance with 
paragraph  3 by five days for each one of the following circumstances:  
 
(a) the notice of intended procurement is published by electronic means;  
 
(b) all the tender documentation is made available by electronic means from the date 
of the publication of the notice of intended procurement;  and 
 
(c) the entity accepts tenders by electronic means.  
 
6. The use of paragraph  5, in conjunction with paragraph  4, shall in no case result in the 
reduction of the time -period for tendering established in accordance with paragraph 3 to less than 
10 days from the date on which the notice of intended procurement is published.  
 
7. Notwithstanding any other provision in this Article, where a procuring entity purchases 
commercial goods or services, or any combination thereof, it may reduce the time -period for 
tendering established in accordance with paragraph  3 to not less than 13  days, provided that it 
publishes by electronic means, at the same time, both the notice of intended procurement and the 
tender documentation.  In addition, where the entity accepts tenders for commercial goods or 
services by electronic means, it may reduce  the time -period established in accordance with 
paragraph  3 to not less than 10  days.  
 
8. Where a procuring entity covered under Annex  2 or 3 has selected all or a limited number of 
qualified suppliers, the time -period for tendering may be fixed by mutual agreement between the 
procuring entity and the selected suppliers.  In the absence of agreement, the period shall not be 
less than 10  days.  
 
Article  XII Negotiation  
1. A Party may provide for its procuring entities to conduct negotiations:  
 
(a) where the entity has indicated its intent to conduct negotiations in the notice of 
intended procurement required under Article  VII:2;  or 
 
(b) where it appears from the evaluation that no tender is obviously the most 
advantageous in terms of the specific evaluation c riteria set out in the notice of 
intended procurement or tender documentation.  
 
2. A procuring entity shall:  
 
(a) ensure that any elimination of suppliers participating in negotiations is carried out in 
accordance with the evaluation criteria set out in th e notice of intended procurement 
or tender documentation;  and 
 
(b) where negotiations are concluded, provide a common deadline for the remaining 
participating suppliers to submit any new or revised tenders.  
 GPA/TN1994/3/Rev.22  
 
- 19 - 
 
  Article  XIII Limited Tendering  
1. Provided that it does not use this provision for the purpose of avoiding competition among 
suppliers or in a manner that discriminates against suppliers of any other Party or protects domestic 
suppliers, a procuring entity may use limited tendering and may  choose not to apply Articles  VII 
through IX, X (paragraphs 7 through 11), XI, XII, XIV and XV only under any of the following 
circumstances:  
 
(a) where:  
 
(i) no tenders were submitted or no suppliers requested participation;  
 
(ii) no tenders that conform to the essential requirements of the tender 
documentation were submitted;  
 
(iii) no suppliers satisfied the conditions for participation;  or 
 
(iv) the tenders submitted have been collusive,  
 
  provided that the requirements of the tender documentation are not substantially 
modified;  
 
(b) where the goods or services can be supplied only by a particular supplier and no 
reasonable alternative or substitute goods or services exist for any of the following 
reasons:  
 
(i) the requirement is for a  work of art;  
 
(ii) the protection of patents, copyrights or other exclusive rights;  or 
 
(iii) due to an absence of competition for technical reasons;  
 
(c) for additional deliveries by the original supplier of goods or services that were not 
included in th e initial procurement where a change of supplier for such additional 
goods or services:  
 
(i) cannot be made for economic or technical reasons such as requirements of 
interchangeability or interoperability with existing equipment, software, 
services or installations procured under the initial procurement;  and 
 
(ii) would cause significant inconvenience or substantial duplication of costs for 
the procuring entity;  
 
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about 
by events unforeseeable by the procuring entity, the goods or services could not be 
obtained in time using open tendering or selective tendering;  
 
(e) for goods purchased on a commodity market;  
 
(f) where a procuring entity procures a prototype or a first good or service that is 
developed at its request in the course of, 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 ord er 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 viabilit y or to recover research and 
development costs;  GPA/TN1994/3/Rev.22  
 
- 20 - 
 
   
(g) for purchases made under exceptionally advantageous conditions that only arise in 
the very short term in the case of unusual disposals such as those arising from 
liquidation, receivership or bankruptcy, but not for routine purchases from regular 
suppliers;  or 
 
(h) where a contract is awarded to a winner of a design contest provided that:  
 
(i) the contest has been organized in a manner that is consistent with the 
principles of this Agreement, in particular  relating to the publication of a 
notice of intended procurement;  and 
 
(ii) the participants are judged by an independent jury with a view to a design 
contract being awarded to a winner.  
 
2. A procuring entity shall prepare a report in writing on each cont ract awarded under 
paragraph  1. The report shall include the name of the procuring entity, the value and kind of goods 
or services procured and a statement indicating the circumstances and conditions described in 
paragraph  1 that justified the use of limit ed tendering.  
 
Article  XIV Electronic Auctions  
 
 Where a procuring entity intends to conduct a covered procurement using an electronic 
auction, the entity shall provide each participant, before commencing the electronic auction, with:  
 
(a) the automatic evaluation method, including the mathematical formula, that is based 
on the evaluation criteria set out in the tender documentation and that will be used 
in the automatic ranking or re -ranking during the auction;  
 
(b) the results of any initial e valuation of the elements of its tender where the contract 
is to be awarded on the basis of the most advantageous tender;  and 
 
(c) any other relevant information relating to the conduct of the auction.  
 
Article  XV Treatment of Tenders and Awarding of Contr acts 
Treatment of Tenders  
 
1. A procuring entity shall receive, open and treat all tenders under procedures that guarantee 
the fairness and impartiality of the procurement process, and the confidentiality of tenders.  
 
2. A procuring entity shall not penalize any supplier whose tender is received after the time 
specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring 
entity.  
 
3. Where a procuring entity provides a supplier with an opportunity to correct uni ntentional errors 
of form between the opening of tenders and the awarding of the contract, the procuring entity shall 
provide the same opportunity to all participating suppliers.  
 
Awarding of Contracts  
 
4. To be considered for an award, a tender shall be s ubmitted in writing and shall, at the time of 
opening, comply with the essential requirements set out in the notices and tender documentation 
and be from a supplier that satisfies the conditions for participation.  
 
5. Unless a procuring entity determines t hat it is not in the public interest to award a contract, 
the entity shall award the contract to the supplier that the entity has determined to be capable of GPA/TN1994/3/Rev.22  
 
- 21 - 
 
  fulfilling the terms of the contract and that, based solely on the evaluation criteria specified i n the 
notices and tender documentation, has submitted:  
 
 (a) the most advantageous tender;  or 
 
 (b) where price is the sole criterion, the lowest price.  
 
6. Where a procuring entity receives a tender with a price that is abnormally lower than the 
prices in  other tenders submitted, it may verify with the supplier that it satisfies the conditions for 
participation and is capable of fulfilling the terms of the contract.  
7. A procuring entity shall not use options, cancel a procurement or modify awarded contrac ts in 
a manner that circumvents the obligations under this Agreement.  
 
Article  XVI Transparency of Procurement Information  
Information Provided to Suppliers  
 
1. A procuring entity shall promptly inform participating suppliers of the entity's contract award 
decisions and, on the request of a supplier, shall do so in writing.  Subject to paragraphs 2 and 3 of 
Article  XVII, a procuring entity shall, on request, provide an unsuccessful supplier with an 
explanation of the reasons why the entity did not select its tender and the relative advantages of 
the successful supplier's tender.  
 
Publication of Award Information  
 
2. Not later than 72  days after the award of each contract covered by this Agreement, a procuring 
entity shall publish a notice in the  appropriate paper or electronic medium listed in Appendix  III. 
Where the entity publishes the notice only in an electronic medium, the information shall remain 
readily accessible for a reasonable period of time.  The notice shall include at least the follo wing 
information:  
 
(a) a description of the goods or services procured;  
 
(b) the name and address of the procuring entity;  
 
(c) the name and address of the successful supplier;  
 
(d) the value of the successful tender or the highest and lowest offers taken into account 
in the award of the contract;  
 
(e) the date of award;  and 
 
(f) the type of procurement method used, and in cases where limited tendering was 
used in accordance with Article  XIII, a description of the circumstances justifying the 
use of l imited tendering.  
 
Maintenance of Documentation, Reports and Electronic Traceability  
 
3. Each procuring entity shall, for a period of at least three  years from the date it awards a 
contract, maintain:  
 
(a) the documentation and reports of tendering procedu res and contract awards relating 
to covered procurement, including the reports required under Article  XIII; and 
 
(b) data that ensure the appropriate traceability of the conduct of covered procurement 
by electronic means.  
 GPA/TN1994/3/Rev.22  
 
- 22 - 
 
  Collection and Reporting of Statistics  
 
4. Each Party shall collect and report to the Committee statistics on its contracts covered by this 
Agreement.  Each report shall cover one  year and be submitted within two  years of the end of the 
reporting period, and shall contain:  
 
(a) for An nex 1 procuring entities:  
 
(i) the number and total value, for all such entities, of all contracts covered by 
this Agreement;  
 
(ii) the number and total value of all contracts covered by this Agreement 
awarded by each such entity, broken down by categories  of goods and 
services according to an internationally recognized uniform classification 
system;  and 
 
(iii) the number and total value of all contracts covered by this Agreement 
awarded by each such entity under limited tendering;  
(b) for Annex  2 and 3 procuring entities, the number and total value of contracts 
covered by this Agreement awarded by all such entities, broken down by Annex;  and 
 
(c) estimates for the data required under subparagraphs (a) and (b), with an 
explanation of the met hodology used to develop the estimates, where it is not 
feasible to provide the data.  
 
5. Where a Party publishes its statistics on an official website, in a manner that is consistent with 
the requirements of paragraph  4, the Party may substitute a notific ation to the Committee of the 
website address for the submission of the data under paragraph  4, with any instructions necessary 
to access and use such statistics.  
 
6. Where a Party requires notices concerning awarded contracts, pursuant to paragraph  2, to be 
published electronically and where such notices are accessible to the public through a single database 
in a form permitting analysis of the covered contracts, the Party may substitute a notification to the 
Committee of the website address for the submis sion of the data under paragraph  4, with any 
instructions necessary to access and use such data.  
 
Article  XVII  Disclosure of Information  
Provision of Information to Parties  
 
1. On request of any other Party, a Party shall provide promptly any information n ecessary to 
determine whether a procurement was conducted fairly, impartially and in accordance with this 
Agreement, including information on the characteristics and relative advantages of the successful 
tender.  In cases where release of the information wo uld prejudice competition in future tenders, the 
Party that receives the information shall not disclose it to any supplier, except after consulting with, 
and obtaining the agreement of, the Party that provided the information.  
 
Non-Disclosure of Informatio n 
 
2. Notwithstanding any other provision of this Agreement, a Party, including its procuring 
entities, shall not provide to any particular supplier information that might prejudice fair competition 
between suppliers.  
 GPA/TN1994/3/Rev.22  
 
- 23 - 
 
  3. Nothing in this Agreement shall be construed to require a Party, including its procuring entities, 
authorities and review bodies, to disclose confidential information where disclosure:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition between suppliers;  
 
(c) would prejudice the legitimate commercial interests of particular persons, including 
the protection of intellectual property;  or 
 
(d) would otherwise be contrary to the public interest.  
 
Article  XVIII  Domestic Review Procedures  
1. Each Party shall provide a timely, effective, transparent and non -discriminatory administrative 
or judicial review procedure through which a supplier may challenge:  
 
(a) a breach of the Agreement;  or 
 
(b) where the supplier does not have a right to challenge directly a breach of the 
Agreement under the domestic law of a Party, a failure to comply with a Party's 
measures implementing this Agreement,  
 
arising in the context of a covered procurement, in which the supplier has, or has had, an interest.  
The procedural rules f or all challenges shall be in writing and made generally available.  
 
2. In the event of a complaint  by a supplier, arising in the context of covered procurement in 
which the supplier has, or has had, an interest, that there has been a breach or a failure a s referred 
to in paragraph  1, the Party of the procuring entity conducting the procurement shall encourage the 
entity and the supplier to seek resolution of the complaint through consultations.  The entity shall 
accord impartial and timely consideration to any such complaint in a manner that is not prejudicial 
to the supplier's participation in ongoing or future procurement or its right to seek corrective 
measures under the administrative or judicial review procedure.  
 
3. Each supplier shall be allowed a suf ficient period of time to prepare and submit a challenge, 
which in no case shall be less than 10  days from the time when the basis of the challenge became 
known or reasonably should have become known to the supplier.  
 
4. Each Party shall establish or desig nate at least one impartial administrative or judicial 
authority that is independent of its procuring entities to receive and review a challenge by a supplier 
arising in the context of a covered procurement.  
 
5. Where a body other than an authority referre d to in paragraph  4 initially reviews a challenge, 
the Party shall ensure that the supplier may appeal the initial decision to an impartial administrative 
or judicial authority that is independent of the procuring entity whose procurement is the subject of  
the challenge.  
 
6. Each Party shall ensure that a review body that is not a court shall have its decision subject 
to judicial review or have procedures that provide that:  
 
(a) the procuring entity shall respond in writing to the challenge  and disclose all relevant 
documents to the review body;  
 
(b) the participants to the proceedings (hereinafter referred to as "participants") shall 
have the right to be heard prior to a decision of the review body being made on the 
challenge;  
 
(c) the participa nts shall have the right to be represented and accompanied;  GPA/TN1994/3/Rev.22  
 
- 24 - 
 
   
(d) the participants shall have access to all proceedings;  
 
(e) the participants shall have the right to request that the proceedings take place in 
public and that witnesses may be presented;  and 
 
(f) the review  body shall make its decisions or recommendations in a timely fashion, in 
writing, and shall include an explanation of the basis for each decision or 
recommendation.  
 
7. Each Party shall adopt or maintain procedures that provide for:  
 
(a) rapid interim measures to preserve the supplier's opportunity to participate in the 
procurement.  Such interim measures may result in suspension of the procurement 
process.  The procedures may provide that overriding adverse consequences for the 
interest s concerned, including the public interest, may be taken into account when 
deciding whether such measures should be applied.  Just cause for not acting shall 
be provided in writing;  and 
 
(b) where a review body has determined that there has been a breach  or a failure as 
referred to in paragraph  1, corrective action or compensation for the loss or damages 
suffered, which may be limited to either the costs for the preparation of the tender 
or the costs relating to the challenge, or both.  
 
Article  XIX Modificat ions and Rectifications to Coverage  
Notification of Proposed Modification  
 
1. A Party shall notify the Committee of any proposed rectification, transfer of an entity from one 
annex to another, withdrawal of an entity or other modification of its annexes to Appendix  I (any of 
which is hereinafter referred to as "modification").  The Party proposing the modification (hereinafter 
referred to as "modifying Party") shall include in the notification:  
 
(a) for any proposed withdrawal of an entity from its  annexes to Appendix  I in exercise 
of its rights on the grounds that government control or influence over the entity's 
covered procurement has been effectively eliminated, evidence of such elimination;  
or 
 
(b) for any other proposed modification, informati on as to the likely consequences of 
the change for the mutually agreed coverage provided for in this Agreement.  
 
Objection to Notification  
 
2. Any Party whose rights under this Agreement may be affected by a proposed modification 
notified under paragraph  1 may notify the Committee of any objection to the proposed modification.  
Such objections shall be made within 45  days from the date of the circulation to the Parties of the 
notification, and shall set out reasons for the objection.  
 
Consultations  
 
3. The m odifying Party and any Party making an objection (hereinafter referred to as "objecting 
Party") shall make every attempt to resolve the objection through consultations.  In such 
consultations, the modifying and objecting Parties shall consider the proposed modification:  
 
(a) in the case of a notification under paragraph  1(a), in accordance with any indicative 
criteria adopted pursuant to paragraph  8(b), indicating the effective elimination of 
government control or influence over an entity's covered procureme nt; and 
 
(b) in the case of a notification under paragraph  1(b), in accordance with any criteria 
adopted pursuant to paragraph  8(c), relating to the level of compensatory GPA/TN1994/3/Rev.22  
 
- 25 - 
 
  adjustments to be offered for modifications, with a view to maintaining a balance of 
rights and ob ligations and a comparable level of mutually agreed coverage provided 
in this Agreement.  
 
Revised Modification  
 
4. Where the modifying Party and any objecting Party resolve the objection through 
consultations, and the modifying Party revises its proposed m odification as a result of those 
consultations, the modifying Party shall notify the Committee in accordance with paragraph  1, and 
any such revised modification shall only be effective after fulfilling the requirements of this Article.  
 
Implementation of M odifications  
 
5. A proposed modification shall become effective only where:  
 
(a) no Party submits to the Committee a written objection to the proposed modification 
within 45  days from the date of circulation of the notification of the proposed 
modification under paragraph  1; 
 
(b) all objecting Parties have notified the Committee that they withdraw their objections 
to the proposed modification;  or 
 
(c) 150 days from the date of circulation of the notification of the proposed modification 
under pa ragraph  1 have elapsed, and the modifying Party has informed the 
Committee in writing of its intention to implement the modification.  
 
Withdrawal of Substantially Equivalent Coverage  
 
6. Where a modification becomes effective pursuant to paragraph  5(c), an y objecting Party may 
withdraw substantially equivalent coverage.  Notwithstanding Article  IV:1(b), a withdrawal pursuant 
to this paragraph may be implemented solely with respect to the modifying Party.  Any objecting 
Party shall inform the Committee in writ ing of any such withdrawal at least 30  days before the 
withdrawal becomes effective.  A withdrawal pursuant to this paragraph shall be consistent with any 
criteria relating to the level of compensatory adjustment adopted by the Committee pursuant to 
paragra ph 8(c). 
 
Arbitration Procedures to Facilitate Resolution of Objections  
 
7. Where the Committee has adopted arbitration procedures to facilitate the resolution of 
objections pursuant to paragraph  8, a modifying or any objecting Party may invoke the arbitra tion 
procedures within 120  days of circulation of the notification of the proposed modification:  
 
 (a) Where no Party has invoked the arbitration procedures within the time -period:  
(i) notwithstanding paragraph  5(c), the proposed modification shall become 
effective where 130 days from the date of circulation of the notification of 
the proposed modification under paragraph  1 have elapsed, and the 
modifying Party has informed the Committee in writing of its intention to 
implement the modification;  and 
 (ii) no objecting Party may withdraw coverage pursuant to paragraph  6. 
 (b) Where a modifying Party or objecting Party has invoked the arbitration procedures:  
(i) notwithstanding paragraph  5(c), the proposed modification shall not become 
effective before the completion of the arbitration procedures;  
(ii) any objecting Party that intends to enforce a right to compensation, or to 
withdraw substantially equivalent coverage pursuant to paragraph  6, shall 
participate in the arbitration proceedings;  
(iii) a modifyin g Party should comply with the results of the arbitration  
procedures in making any modification effective pursuant to paragraph  5(c); 
and GPA/TN1994/3/Rev.22  
 
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  (iv) where a modifying Party does not comply with the results of the arbitration 
procedures in making any modification  effective pursuant to paragraph  5(c), 
any objecting Party may withdraw substantially equivalent coverage 
pursuant to paragraph  6, provided that any such withdrawal is consistent 
with the result of the arbitration procedures.  
Committee Responsibilities  
 
8. The Committee shall adopt:  
 
(a) arbitration procedures to facilitate resolution of objections under paragraph  2; 
 
(b) indicative criteria  that demonstrate the effective elimination of government control 
or influence over an entity's covered procurement;  and 
 
(c) criteria for determining the level of compensatory adjustment to be offered for 
modifications made pursuant to paragraph  1(b) and of substantially equivalent 
coverage under paragraph  6. 
 
Article  XX Consultations and Dispute Settlement  
1. Each Party shall accord sympathetic consideration to and shall afford adequate opportunity 
for consultation regarding any representation made by another Party with respect to any matter 
affecting the operation of this Agreement.  
 
2. Where any Party considers th at 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:  
 
(a) the failure of another Party or Parties to carry o ut its obligations under this 
Agreement;  or 
 
(b) the application by another Party or Parties of any measure, whether or not it conflicts 
with the provisions of this Agreement,  
 
it may with a view to reaching a mutually satisfactory solution to the matter, have recourse to the 
provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes 
(hereinafter referred to as "the Dispute Settlement Understanding").  
 
3. The Dispute Settlement Understanding shall apply to consultations and  the settlement of 
disputes under this Agreement, with the exception that,  notwithstanding paragraph  3 of Article  22 
of the Dispute Settlement Understanding, any dispute arising under any Agreement listed in 
Appendix  1 to the Dispute Settlement Understandi ng other than this Agreement shall not result in 
the suspension of concessions or other obligations under this Agreement, and any dispute arising 
under this Agreement shall not result in the suspension of concessions or other obligations under 
any other Ag reement listed in Appendix  1 of the Dispute Settlement Understanding.  
 
Article  XXI Institutions  
Committee on Government Procurement  
 
1. There shall be a Committee on Government Procurement composed of representatives from 
each of the Parties.  This Committee shall elect its own Chairman and shall meet as necessary, but 
not less than once  a year, for the purpose of affording Parties the opportunity to consult on any 
matters relating to the operation of this Agreement or the furtherance of its objectiv es, 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.  GPA/TN1994/3/Rev.22  
 
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3. The Commi ttee shall annually:  
 
(a) review the implementation and operation of this Agreement;  and 
 
(b) inform the General Council of its activities, pursuant to Article  IV:8 of the Marrakesh 
Agreement Establishing the World Trade Organization (hereinafter referred to as 
"WTO Agreement"), and of developments relating to the implementation and 
operation of this Agreement.  
 
Observers  
 
4. Any WTO Member that is not a Party to this Agreement shall be entitled to participate in the 
Committee as an observer by submitting a  written notice to the Committee.  Any WTO observer may 
submit a written request to the Committee to participate in the Committee as an observer, and may 
be accorded observer status by the Committee.  
 
Article XXII  Final Provisions  
 [N.B.:  The Parties are still considering Article XXII and the Draft Decision on 
Arrangement for the period of co -existence of the 1994 Agreement on Government 
Procurement and the [2007] Agreement on Government Procurement.]  
 
 
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