RESTRICTED  
  
GPA/TN1994/4/Rev.9  
 
18 April 2006  
(24-3157) Page: 1/81 
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 31 MARCH 2006*,** 
NOTE BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 31 March 2006 (as reflected in Job  No. 2472 of 
3 April 2006) and the corresponding provisions of the 1994 Agreement currently in force.  
 
For information, at the end of this paper , a second table lists the numbering of the provisions of 
the 1994  Agreement in their sequence and the numbering of the corresponding provisions in the 
revised draft text.  
 
The tw o tables in this document do not reproduce or reference the following parts of the revised 
draft text of the Agreement, added at the informal meetings in the week of 30  May 2005 and 
further discussed at the informal meetings in the week of 18  July 2005: 
 
− the proposal by the United States as to the suggested structure and content of  the 
Annexes to Appendix  I;  and  
 
− two suggested decisions by the Committee pursuant to Article  XVII of the draft 
revised text of the Agreement [ Modifications and Rectifications to Coverage].  
 
_______________  
 
 
* English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs199) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.9  
 
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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 Notices  
Article  VI Time-Periods  
Article  VII Information on Intended Procurements  
Article  VIII Conditions for Participation  
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
[Article  XII Use of Electronic [Auctions ]US,KOR,JPN,NOR,HKC 
[Means ]EC]EC,NOR,KOR,US 
Article  XIII Transparency of Procurement Information  
Article  XIV Disclosure of Information  
Article  XV Developi ng Countries  
Article  XVI Exceptions to the Agreement  
Article  XVII Modifications and Rectifications to 
Coverage  
Article  XVIII Domestic Review Procedures for Supplier 
Challenges  
Article  XIX Consultations and Dispute Settlement  
Article  XX Institutions  
Article  XXI 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 Trans parency  
Article  XVIII Information and Review as 
Regards Obligations of Entities  
Article  XIX Information and Review as 
Regards Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute 
Settlement  
Article  XXIII Exceptions to the Agreement  
Article XXIV  Final Provisions  
Notes  
 
 
Preamble  
  
 Parties to this Agreement (hereinafter referred to 
as "Parties"),  
  Parties to this Agreement  (hereinafter 
referred to as "Parties"),  
 
 Recognizing  the need for an effective multilateral 
framework for government procurement, with a view to 
achieving greater liberalization and expansion of, and 
improving the framework for, the conduct of internati onal 
trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations 
with respect to laws, regulations, procedures 
and practices regarding government 
procurement with a view to achieving greater 
liberalization and expansion of world trade and 
improving the international 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 to 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 a nd 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;  GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 Recognizing  that the integrity and predictabi lity 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 establish 
international procedures on notification, 
consultation, surveillance and d ispute settlement 
with a view to ensuring a fair, prompt and 
effective enforcement of the international 
provisions on government procurement and to 
maintain the balance of rights and obligations at 
the highest possible level;  
 
 [Recognizing  the need to ta ke into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed countries;]*   
  Recognizing  the need to take into 
account the development, financial and trade 
needs of developing countries, in particu lar 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, and avoiding conflicts of interest and 
corrupt practices, in accordance with 
[relevant][applicable]US,CDA,HKC,KOR,JPN international 
instruments, such as the United Nations Convention 
Against Corruption;  
 
  Recognizing  that it is desirable to 
provide transparency of laws, regulations, 
procedures and practices regarding government 
procurement;  
 [Recognizing  the need for procuring entities to be 
able to exclude a supplier convicted of misconduct on 
specific grounds;]EC,NOR,SWI 
  
 Recognizing the importance of using, and 
encouraging the use of, electronic means for procurement 
covered by this Agreement;  
  
  Desiring , in accordance with paragraph 
6(b) of Article  IX of the Agreement on 
Government Procurement done on 
12 April 1979, as amended on 2  February  1987, 
to broaden and improve the Agreement on the 
basis of mutual reciprocity and to expand the 
coverage of the Agreement to include service 
contracts;  
 
 Desiring  to encourage acceptance of and accession 
to this Agreement  by WTO Members not party to it;  
  Desiring  to encourage acceptance of 
and accession to this Agreement by 
governments not party to it;  
 
 Having undertaken  further negotiations in 
pursuance of these objectives;  
  Having  undertaken  further negotiations 
in pursuance of these objectives;  
 
 Hereby agree  as follows:  
  Hereby agree  as follows:  
 
 
* Unattributed brackets [ ] indicates language that Parties are still co nsidering.  GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  I 
Definitions  
  
For purposes of th e Agreement:  
  
(a) [build -operate -transfer contract  and 
public works concession contract 
mean s any contractual arrangement the 
primary purpose of which is to provide for 
the construction or rehabilitation of 
physical infrastructure, plant, buildings, 
facilities , or other gove rnment -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 
payme nt for the use of such works for the 
duration of the contract;]US,JPN  [Market 
Access Issue ] 
  
(b) commercial goods and services  mean s 
goods and services [with [essentially]HKC 
[the same]EC,NOR,SWI,ISR,HKC characteristics 
[similar to]US,CDA,JPN [as]EC,NOR,SWI,ISR,HKC 
those of goods and services] that are sold 
or offered for sale in the commercial 
marketplace to, and customarily 
purchased by, non -governmental buyers 
for non -governmental purposes[;  it 
includ es goods and services with 
modifications customary in the 
commercial marketplace]EC; 
  
(c) construction services contract  means 
a contract that has as its objective the 
realization by whatever means of civil or 
building works, based on Division  51 of 
the Provisional U.N. Central Product 
Classification (CPC);  
 Appendix I, Annex 5  
 A construction services contract is a 
contrac t which has as its objective the 
realization by whatever means of civil or building 
works, in the sense of Division 51 of the Central 
Product Classification.  
 
(d) country or countries  include any 
separate customs territory that is a Party 
to the Agreement .  In the case of a 
separate customs territory that is a Party 
to the Agreement, where an expression in 
the Agreement is qualified by the term 
"national", such expression shall be read 
as pertaining to that customs territory, 
unless otherwise specified;  
 Notes  
 The terms "country" or "countries" as 
used in this Agreement, including the 
Appendices, are to be understood to include any 
separate customs territory Party to this 
Agreement.  
 
Notes  
 In the case of a separate customs 
territory Party to this Agreeme nt, 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.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) electronic auction means an iterative 
process[, using an automatic evaluation 
method [or][based on the]CDA application 
of a mathematical formula that 
involves]EC,US,SWI involving the use of 
electronic means for the presentation by 
suppliers of new prices, new values 
[for]EC,SWI,NOR [based on]US,HKC,CDA non-price 
[evaluation criteria]HKC,US,CDA [elements of 
the tenders]EC,SWI,NOR, or both, resulting in 
an [automatic] ranking [or re -
ranking]US,EC,SWI,NOR of tenders;  
  
(g) [electronic means  means using 
electronic equipment f or the electronic 
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,NOR 
  
(h) in writing  or written  means any worded 
or numbered expression that can be read, 
reproduced and later communicated.  It 
may include electronically transmitted and 
stored information;  
  
(i) limited tendering  means a procurement 
method where the procuring entity 
contacts a suppl ier or suppliers of its 
choice [, only under the circumstances 
specified in Article  X]; 
 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, administrative guidance or 
practice, or any action of a procuring 
entity relating to a covered procurement ; 
  
(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 published by a procur ing entity 
[in accordance with Article  V] inviting 
interested suppliers to submit tenders;  
  
(m) offsets  in government procurement 
means any conditions or undertakings that 
encourage local development or improve a 
Party's balance -of-payments accounts, 
such as the use of domestic content, the 
licensing of technology, investment, 
counter -trade and similar acti ons; 
 Footnote  
7. Offsets in government procurement are 
measures used to encourage local development 
or improve the balance -of-payments accounts 
by means of domestic content, licensing of 
technology, investment requirements, counter -
trade or similar requirements.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(n) open tendering  means a procurement 
method where all interested suppliers may 
submit a tender;  
 Article  VII 
3. For the purposes of this Agreement:  
 
(a) Open tendering procedures are those 
procedures under which all interested 
suppliers may submit a tender.  
 
(o) person  means a natural person or a 
juridical person;  
  
(p) procuring entity  means an entity 
covered under Annexes  1, 2 and 3 of 
Appendix  I of each Party;  
  
(q) qualified supplier  means a supplier that 
a procuring entity recognizes as having 
satisfied [the] [any]US,JPN 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. ...  
 
(r) selective tendering  means a 
procurement method where only suppli ers 
satisfying [the] [any]US,JPN conditions for 
participation are invited by the procuring 
entity to submit a tender;  
 Article VII  
3. For the purposes of this Agreement:  
 
... 
 
 (b) Selective tendering procedures 
are those procedures under 
which, consistent with 
paragraph 3 of Article  X and 
other relevant provisions of 
this Agreement, those 
suppliers invited to do so by 
the entity may submit a 
tender.  
 
(s) services  includes construction services, 
unless otherwise specified;  
  
(t) 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 
recog nized body, that provides, for common and 
repeated use, rules, guidelines or characteristics 
for products or services or related processes and 
production methods, with which compliance is 
not mandatory.  It may also include or deal 
exclusively with termino logy, symbols, 
packaging, marking or labelling requirements as 
they apply to a product, service, process or 
production method.  
 
(u) supplier  means a person or group of 
persons that provides or could provide 
goods or services;  
  GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(v) 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) addre sses 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, performance, 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 prepa red, adopted or applied with a 
view to, or with the effect of, creating 
unnecessary obstacles to international trade.  
 
Article  II 
Scope and Coverage  
  
Article  I 
Scope and Coverage  
Application of Agreement  
 
1. [Subject to Article  XVI, t]CDA [T]his Agreement 
applies to any measure regarding covered procurement[, 
whether or not it is conducted exclusively or partially by 
electronic means] .EC,US,SWI,NOR,ISR,KOR,JPN 
 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, Parties shall 
consult regularly in the Committee regarding 
developments in the use of information 
technology in government procurement and 
shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in 
particular aim to ensure that the use of 
information technology promotes the aims of 
open, non -discriminatory and efficient 
government procurement through transparent 
procedures, that contracts covered under the 
Agreement are clearly identified and that all 
available information relating to a particular 
contract can be identified.  When a Party intends 
to innovate, it shall endeavour to take into 
account the views expressed by other Parties 
regarding any potential problems.  
 
2. For the purposes of the Agreement, covered 
procurement means procu rement for  governmental 
purposes:  
 
(a) of goods, services, or any combination 
thereof:  
 
(i) as specified in Appendix  I;  and  
 
(ii) not procured with a view to 
commercial sale or resale, or for 
use in the production or supply 
of goods or services for 
commercial sale or resale ; 
 
(b) by any contractual means, including 
purchase;  lease;  rental or hire purchase, 
with or without an option to buy [and 
build-operate -transfer contracts and 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.  
 
2. This Agreement applies to procurement 
by any contractua l 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.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
public works concession contracts]US;  
[Bracketed Language – Market 
Access Issue ] 
 
(c) for which the value, as estimated in 
accordance with paragraph  9 through 11 , 
equals or exceeds the relevant threshold 
specified in [Appendix  I/paragraph  4], at 
the time of publication of a notice in 
accordance with Article  V; 
 4. This Agreement applies to any 
procurement contract of a value of not less than 
the relevant threshold specified in Appendix I.  
 
Footnote  
2. This Agreement 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 Artic le IX.  
 
(d) by a procuring entity[;  and  
 
(e) that is not excluded from coverage by the 
Agreement]US,EC,JPN,NOR,SWI,ISR,HKC,KOR. 
 Article I  
1. This Agreement applies to any law, 
regulation, procedure or practice regarding any 
procurement by entities covered by this 
Agreement, as specified in Appendix I.  
[3. Regardless of whether a Party classifies software 
as a good or a service, paragraph  2(a) includes software 
[that is delivered on a carrier medium or that is delivered, 
accessed, or used b y electronic means]US,CDA, unless a Party 
explicitly excludes software from its coverage.]US,CDA,JPN,SWI 
  
[4. Without prejudice to Article  [Exceptions ], th e 
Agreement applies to any procurement:  
 
(a) of central government entities where the 
value is estimated to equal or exceed:  
- SDR 130,000 for contracts for supply 
of goods and services;  
- SDR 5,000,000 for contracts for 
construction services;  
 
(b) of sub -central government entities where 
the value is estimated to equal or exceed:  
- SDR 200,000 for contracts for supply 
of goods and services;  
- SDR 5,000,000 for contracts for 
construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is estimated to 
equal or exceed:  
- SDR 400,000 for contracts for supply 
of goods and services;  
- SDR 5,000,000 for contracts for 
construction services.]EC,NOR 
[Market Access Issue ] 
 Article I  
4. This Agreement applies to any 
procurement contract of a value of not less than 
the relevant threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract 
value is estimated to equal or exceed the 
threshold at the time of publication of the notice 
in accordance with Article IX.  
 
Footnote  
1. ... Relevant thresholds are specified in 
each Party's Annexes.  GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[5. The Agreement does not apply to:]US,CDA,JPN ,EC 
 
[(a) [acquisition or rental of land, existing 
buildings, or other immovable property or 
the rights thereon ;]US,EC,CDA,JPN,SWI 
 
 
(b) [acquisition of fiscal agency or depository 
services, liquidation and management 
services for regulated financial 
institutions, and sale and distribution 
services for government debt;  
 
(c) non-contractual agreements or any form 
of assistance that a Party provides, 
including cooperative ag reements, 
grants, loans, equity infusions, 
guarantees, and fiscal incentives;  
 
(d) purchases funded by international grants, 
loans or other assistance, where the 
provision of such assistance is subject to 
conditions inconsistent with this 
Agreement ;]US,CDA ,JPN 
 
(e) [procurement for the direct purpose of 
providing foreign assistance ; ]US,JPN 
 
(f) [procurement made in furtherance of tied 
aid to developing countries;]US,CDA,JPN 
 
(g) [procurement of any good or service 
component of a contract where either the 
entity conducting the procurement or the 
procurement itself is not covered by the 
Agreement;  and]US,CDA,JPN 
 
(h) [employment [of government 
employees]US,CDA,JPN [contracts]EC,SWI] 
US,CDA,JPN,EC,SWI.]US  [Market Access 
Issue ] 
  
6. For each Party, Appendix  I shall be divided into 
[six/seven]  Annexes:  
 
(a) Annex  1 specifies the central government 
entities whose procurement is covered by 
the Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose procurement 
is covered by th e Agree ment;  
 
(c) Annex  3 specifies all other entities whose 
procurement is covered by th e 
Agreement;  
 
[(d) Annex  4 specifies the goods covered by 
the Agreement;]US,CDA,JPN,SWI 
 
(e) Annex  [4/5] specifies the services 
covered by th e Agreement;  
 
(f) Annex  [5/6] specifies the construction 
services covered by th e Agreement;  and  
 Footnote  
1. For each Party, Appendix I is divided 
into five Annexes:  
 
 - Annex 1 contains central 
governm ent 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.  
 
 ... GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(g) Annex  [6/7] sets out the General Notes 
applicable to the Annexes.  
  
Compliance   
7. Each Party shall [take such reasonable measures 
as may be available to it to]CDA ensure that the procuring 
entities listed in its Appendix  I comply with the provisions 
of [Articles  VII to X of]CDA the Agreement in conducting 
covered procurement.     [NB:  The United States 
questions whether this paragraph could be deleted. ] 
 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.  
 
8. 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, in the context of 
procurement covered under th is 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  
 
9. In estimating the value of a procurement for the 
purpose of ascertaining whether it is a covered 
procurement, a procuring entity shall:  
 1. The following provisions shall apply in 
determining the value of 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 th e 
Agreement;  and  
 Article  II 
3. The selectio n of the valuation method 
by the entity shall not be used, nor shall any 
procurement requirement be divided, with the 
intention of avoiding the application of this 
Agreement.  
 
(b) include the estimated maximum total 
value of the procurement over its entir e 
duration, whether awarded to one or 
more suppliers, taking into account all 
forms of remuneration, including:  
 
(i) premiums, fees, commissions, 
interest [and other revenue 
streams that may be provided 
for in such procurements]  
[Market Access Issue]   [NB:  
related to B -O-T and public 
works concession contracts ];  
and 
 2. Valuation shall take into account all 
forms of remuneration, including any premiums, 
fees, commissions and interest receivable.  
 
 
(ii) where the procurement provides 
for the possibilit y of option 
clauses, the estimated maximum 
total value of the procurement, 
inclusive of optional purchases.  
 6. In cases where an intended 
procurement specifies the need for option 
clauses, the basis for valuation shall be the total 
value of the maximum pe rmissible procurement, 
inclusive of optional purchases.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. Where an individual requirement [for a 
procurement]US,CDA,HKC,JPN results in [the award of more than 
one contract, or in the award of contracts in separate 
parts, the calculation of the estimated maximum total 
value shall be based on]US,CDA,HKC,JPN [more than one 
procurement over a certain period, the estimated value 
shall be the greater of]EC: 
 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 aggregate value of [recurring 
contracts]US,CDA,HKC,JPN [procurements]EC of 
the same type of good or service 
awarded during the preceding 12  months 
or preceding fiscal year, adjusted where 
possible to take into account anticipated 
changes in the quantity or value of the 
good or service being procured over the 
subsequent 12  months;  or  
  (a) the actual value of similar 
recurring contracts concluded 
over the previous fiscal year or 
12 months adjusted, where 
possible, for anticipated 
changes in quantity and value 
over the subsequ ent 12 
months;  or  
 
(b) the estimated aggregate value of 
[recurring contracts]US,CDA,HKC,JPN 
[procurements]EC of the same type of 
good or service to be awarded during the 
procuring entity's fiscal year or the 
12 months [subsequent to the initial 
contract award, whichever is 
greater]US,CDA,HKC [starting with the initial 
procurement award]EC,JPN 
  (b) the estimated  value of 
recurring contracts in the fiscal 
year or 12 months subsequent 
to the initial contract.  
 
11. In the case of procurement by lease, rental or hire 
purchase of goods or services, or procurement for which a 
total price is not specified, the basis fo r valuation shall be:  
 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 a fixed -term contract:  
 
(i) where the term of the contract is 
12 months or less, the total 
estimated maximum value for its 
duration, or  
 
(ii) where the term of the contract 
exceeds 12  months, the total 
estimated maximum value, 
including any estimated residual 
value;  
 
  (a) in the case of fixed -term 
contracts, where 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) where the contract is for an indefinite 
period, the estimated monthly instalment 
multiplied by 48;  and  
  (b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by 48.  
 
(c) where there is doubt as to whether the 
contract is to be a fixed -term contract, 
subparagraph  (b) shall be used.  
 If there is any doubt, the second basis for 
valuation, namely (b), is to be used.  
 
 
Article  III 
General Principles  
  
Article  III 
National Treatment and Non -discrimination  
 
National Treatment and Non-Discrimination   GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1. [With respect to any measure and any covered 
procurement,] [a] [each]US 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 o ther Party offering the goods or services 
of any Party, treatment no less favourable than the 
treatment the Party, including its procuring entities, 
accords to:  
 1. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each 
Party shall provide immediately and 
unconditionally to the products, services and 
suppliers of other Parties offering products or 
services of the Parties, treatment no less 
favourable than:  
 
(a) domes tic goods, services and suppliers;  
and 
  (a) that accorded to domestic 
products, services and 
suppliers;  and  
 
(b) goods, services and suppliers of any other 
Party.  
  (b) that accorded to products, 
services and suppliers of any 
other Party.  
 
2. [With respect to any measure and any covered 
procurement,] [a] [each]US Party, including its procuring 
entities, shall not:  
 2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each 
Party shall ensure:  
 
(a) treat a locally established supplier less 
favourably than another locally 
established supplier on the basis of 
degree of foreign affiliation or ownership;  
nor 
  (a) that its entities shall not treat 
a locally -established supplier 
less favourably than another 
locally -established supplier on 
the basis of degree of foreign 
affiliation or ownership;  and  
 
(b) discriminate against a locally established 
supplier on the basis that the goods or 
services offered by that supplier for a 
particular procurement are goods or 
services of any other Party.  
  (b) that its entities shall not 
discriminate against locally -
established suppliers on the 
basis of the country of 
production of the good or 
service being supplied, 
provided that the country of 
production is a Party to the 
Agreement in accordance with 
the provisions of Article  IV. 
 
[Use of Electronic Means  
 
3. When conducting covered procurement by 
electronic means, a procuring entity shall[:   
 
(a)] ensure that the procurement is conducted 
using generally available [and 
interoperable with commonly 
used]HKC,EC,NOR information technology 
systems and software, inc luding those 
related to authentication and encryption 
of information[;  and  
 
(b) maintain mechanisms that ensure 
integrity of, and prevent inappropriate 
access to, requests for participation and 
tenders]EC,US,ISR].US,EC,KOR,SWI,HKC,JPN,ISR,NOR 
 Article XXI V 
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 gove rnment procurement and 
shall, if necessary, negotiate modifications to the 
Agreement.  These consultations shall in 
particular aim to ensure that the use of 
information technology promotes the aims of 
open, non -discriminatory and efficient 
government procu rement 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 i nto 
account the views expressed by other Parties 
regarding any potential problems.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Conduct of Procurement  
 Article  VII 
Tendering Procedures  
 
4. A procuring entity shall conduct covered 
procurement in a [transparent and 
impartial]CDA,US,JPN,EC,HKC,KOR manner that:  
 
(a) is consistent with the Agreement, using 
methods such as open tendering, 
selective tendering, and limited 
tendering;  
 
 (b) [is transparent and impartial;]EC,US,JPN,SWI  
and 
 
(c) avoids conflicts of interest and 
[prevents]HKC corrupt practices.  
 
[Ensuring Integrity in Government Procurement  
 
4bis. Each Party, including its procuring entities, shall 
establish or maintain procedures to declare ineligible for 
participation in the Party's covered procurements, either 
indefinitely or for a stated period of time, suppliers that the 
Party has determined to have engaged in fraudulent or 
other illegal actions in relation to procurement.  On the 
request of each Party, a Party shall identify the suppliers 
determined to be ine ligible under these procedures, and, 
where appropriate, exchange information regarding those 
suppliers or the fraudulent or illegal action.]US 
 1. Each Party shall ensure that the 
tendering procedures of its entities are applied 
in a non -discriminatory man ner and are 
consistent with the provisions contained in 
Articles  VII through XVI.  
 
Rules of Origin  
 Article  IV 
Rules of Origin  
 
5. For purposes of covered procurement, no Party 
may apply rules of origin to goods or services imported 
from or supplied by another Party that are different from 
the rules of origin the Party applies at the same time in the 
normal course of trade to imports or supplies of the same 
goods or services from the same Party.  
 1. A Party shall not apply rules of origin to 
products or services imported or supplied for 
purposes of government procurement covered 
by this Agreement from other Parties, which are 
different from the rules of origin applied in the 
normal course of trade and at the time of the 
transaction in question  to imports or supplies of 
the same products or services from the same 
Parties.  
 
Offsets  
 Article  XVI 
Offsets  
 
6. With regard to covered procurement, [a] [each]US 
Party, including its procuring entities, shall not seek, take 
account of, impose or enforce offsets.  
 1. Entities shall not, in the qualification 
and selection of suppliers, products or services, 
or in the evaluation of tenders and award of 
contracts, imp ose, seek or consider offsets.7 
Measures Not Specific to Procurement  
  
7. The provisions of paragraphs  1 and 2 shall not 
apply to customs duties and charges of any kind imposed 
on, or in connection with, importation, the method of 
levying such duties and  charges, other import regulations 
or formalities, and measures 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.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IV 
Publication of Procurement Information  
  
Each Party shall:  
 
(a) (a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of general 
application, standard contract clauses 
that is mandated by a law or regulation 
and is incorporated by reference in 
notices and tender documentation and 
procedure regarding covered 
procurement, and any modifications 
thereof, in officially designated electronic 
or paper medium that is wid ely 
disseminated and remains readily 
accessible to the public and that is listed 
in Appendix  IV;  and  
 Article  XIX 
1. Each Party shall promptly publish any 
law, regulation, judicial decision, administrative 
ruling of general application, and any procedure 
(including standard contract clauses) regarding 
government procurement covered by this 
Agreement, in the appropriate p ublications listed 
in Appendix IV and in such a manner as to 
enable other Parties and suppliers to become 
acquainted with them. ... 
(b) provide an explanation thereof to any 
Party, on request.  
 1. ... Each Party shall be prepared, upon 
request, to explain  to any other Party its 
government procurement procedures.  
 
 
Article  V 
Publication of Notices  
 
Notice of Intended Procurement  
  
Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in the 
circumstances described in Article  X, a procuring entity 
shall publish a notice of intended procurement in the 
appropriate media [medium]US listed in Appendix  II.  Such 
medium shall be widely disseminated and shall remain 
readily accessible to the public [ by electronic means].EC 
[The notices shall be accessible by electronic means free of 
charge through a single point of access.]EC,NOR,KOR,SWI  [The 
notices shall:  
 
 (a) for procuring entities in Annex 1, be 
accessible by electronic means [free of 
charge] [through a single point of access] 
[through links to a gateway electronic 
site]HKC, and 
  
 (b) for procuring entities in Annex 2 and 3, 
[to the extent possible]JPN[where 
electronic]EC, be accessible [free of 
charge]EC,SWI by electronic means throug h 
links in a gateway electronic site.]US,JPN,CDA 
 1. In accordance with paragraphs  2 and 3, 
entities shall publish an invitation to participate 
for all cases of intended procurement, except as 
otherwise provided for in Article  XV (limited 
tendering).  The notice shall be published in the 
appropriate publication listed in Appendix  II. 
 
2. The invitation to participate may take 
the form of a notice of proposed procurement, 
as provided for in paragraph  6. 
 
2. Each notice of intended procurement shall include:  
 6. Each notice of proposed procurement, 
referred to in paragraph  2, shall contain the 
following information:  
 
(a) the name and address of the procuring 
entity and other information necessary to 
contact the procuring entity and obtain all 
relevant documents relating to the 
procurement, 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 other 
documents;  
 
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 (g) the amount a nd terms of 
payment of any sum payable 
for the tender documentation; 
and 
 
(b) a description of the procurement, 
including the nature and the quantity of 
the goods or services to be procured or, 
where the quantity is not known, the 
estimated quantity;  
 
 (c) for recurring contracts, if possible, an 
estimate of the timing of subsequent 
notices of intended procurement;  
 
 (d) a description of any options;  
 6. (a) the nature and quantity, 
including any options for 
further procurement and, if 
possible, an estimate of the 
timing when such options may 
be exercised;  in the case of 
recurring contracts the nature 
and quantity and, if possible, 
an estimate of the timing of 
the subsequent tender notices 
for the products or services to 
be procured;  
 
(e) the time-frame for delivery of goods or 
services or the duration of the contract;  
 6. (c) any date for starting delivery 
or completion of delivery of 
goods or services;  
 
(f) the procurement method that will be used 
and whether it will involve negotiation or 
electronic auction;  
 6. (b) whether the procedure is open 
or selective or will involve 
negotiation;  
 
(g) the address and the time -limits for the 
submission of tenders and, where 
applicable, any time -limits for the 
submission of requests for participation in 
the procurement;  
 
(h) the language or languages in which 
tenders or requests for participation must 
be submitted, if other than an official 
language of the Party of the procuring 
entity;  
 6. (d) the address 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;  
 
(i) a list and brief description of any 
conditions for participat ion of suppliers, 
including any requirements for specific 
documents or certifications to be provided 
by suppliers in connection therewith, 
unless such requirements are included in 
tender documentation that is made 
available to all interested suppliers by 
electronic means at the same time as the 
notice of intended procurement ; 
 6. (f) any economic and technical 
requirements, financial 
guarantees and information 
required from suppliers;  
(j) 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  
  
(k) an indication that the proc urement is 
covered by th e 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  
  GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. For each case of intended procurement, [where 
the notice of intended procurement is not already published 
in one of the official languages of the 
WTO,]US,CDA,HKC,ISR ,EC,SWI a procuring entity shall publish, by 
the time of publication of the notice of intended 
procurement, in a readily accessible summary notice at 
least the following information in one of the WTO 
languages:  
 8. For each case of intended procurement, 
the entity shall publish a summary notice in one 
of the official languages of the WTO.  The notice 
shall conta in 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 requests for 
participation in the procurement or for 
inclusion on a multi -use list;   and 
 (b) the time -limits set for the 
submission of tenders or an 
application to be invited to 
tender;  and  
 
(c) the addresses from which documents 
relating to the procurement may be 
requested.  
 (c) the addresses from which 
documents relating to the 
contracts may be requested.  
 
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to publish as 
early as possible in each fiscal year a notice regarding their 
future procurement plans.  The notice should include the 
subject -matter of the procurement and the planned date of 
the publication of the notice of intended procurement.  
 7. Each notice of planned procurement 
referred to in paragraph 3 shall contain as much 
of the information referred to in paragraph  6 as 
is available.  It shall in any case include the 
information referred to in paragraph 8 and:  
 
 (a) a statement that interested 
suppliers should express their 
interest in the procurement to 
the entity;  
 
 (b) a contact point with the entity 
from which further information 
may be obtained.  
 
5. A procuring entity in [Annex  2 and]US Annex  3 
may use a notice of planned procurement as a notice of 
intended procurement provided that it includes as much of 
the information in paragraph  2 as is available and a 
statement that interested suppliers should express their 
interest in the procurement to the entity.  
 3. Entities in Annexes  2 and 3 may use a 
notice of planned procurement, as  provided for 
in paragraph  7, or a notice regarding a 
qualification system, as provided for in 
paragraph  9, as an invitation to participate.  
 
4. Entities which use a notice of planned 
procurement as an invitation to participate shall 
subsequently invite al l 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.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VI 
Time -Periods  
  
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 extensio n of the time -
periods, shall be common for all interested or participating 
suppliers.  
 1. (a) Any prescribed time -limit shall 
be adequate to allow suppliers 
of other Parties as well as 
domestic suppliers to prepare 
and submit tenders before the 
closing of the tendering 
procedures.  In determining 
any such time -limit, entities 
shall, consistent with their 
own reasonable needs, take 
into account such factors as 
the complexity of the intended 
procurement, the extent of 
subcontracting anticipated 
and the normal  time for 
transmitting tenders by mail 
from foreign as well as 
domestic points.  
 
 1. (b) Each Party shall ensure that 
its entities shall take due 
account of publication delays 
when setting the final date for 
receipt of tenders or of 
applications to be invited to 
tender.  
 
Deadlines  
 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 [either]US,CDA 
the notice of intended procurement [or a notice inviting 
suppliers to submit requests for participation in 
Article  VIII:6]US,CDA.  Where a state of urgency duly 
substantiated by the procuring entity renders this ti me-
period impracticable, the time -period may be reduced to 
not less than 10  days.  
 2. Except in so far as provided in 
paragraph 3,  
 
 [...] 
 
 (b) in selective procedures not 
involving the use of a 
permanent list of qualified 
suppliers, the period for 
submitting an application to 
be invited to tender shall not 
be less than 25 days from the 
date of publication 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 th e 
invitation to tender;  
 
 
3. Except as provided for in 
paragraphs  4 [through  7]CDA,US,JPN, a procuring entity shall 
establish that the final date for the submission of tenders 
shall not be less than 40  days from the date on which:  
 
(a) the notice of intended procurement is 
published [and the tender documentation 
is available]KOR,SWI;  or  [NB:  The EC is 
considering the bracketed language. ] 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.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) the entity notifies suppliers that they will 
be invited to submit tenders, whether or 
not it uses a multi -use list.  
  (b) in selective procedures not 
involving the use of a 
permanent list of qualified 
suppliers, the period for 
submitting an application to 
be invited to tender shall not 
be less than 25 days from 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. 
 
4. A procuring entity may reduce the time -period for 
tendering set out in paragraph  3 to not less than 10  days 
where:  
 3. The periods referred to in paragraph 2 
may be reduced in the 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;  
 
(a) the procuring entity published [a 
separate notice, including]CDA a notice of 
planned procurement under Article  V:4 at 
least 40  days and not more than 
12 months in advance [of the publication 
of the notice of intended procurement]EC, 
and [such notice] [the notice of planned 
procurement]EC 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;  
 
(iv) the address from which 
documents relating to the 
procurement may be obtained;  
and 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 referred to 
in paragraph 6 of 
Article  IX as is 
available;  
 
(ii) the information 
referred to in 
paragraph 8 of 
Article  IX; 
 
(iii) a statement that 
interested suppliers 
should express their 
interest in the 
procurement to the 
entity;  and  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(v) as much of the information that is 
required under Article  V:2 for the 
notice of intended procurement, 
as is available;  
  
(iv) a contact point with the 
entity from which 
further information may 
be obtained,  
 
... 
 
[(b) the procuring entity publishes a second or 
subsequent notice [based on an initial 
contract or agreement]EC relating to 
contracts of a recurring nature;]CDA,US 
 3. (b) in the case of the second or 
subsequent publications 
dealing with contracts of a 
recurrin g 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) the procuring entity procures commercial 
goods or services, provided that the entity 
publishes by electronic m eans at the same 
time the notice of intended procurement 
and the complete tender 
documentation;]CDA,JPN  or 
  
(d) a state of urgency duly substantiated by 
the procuring entity renders such time -
period impracticable.  
 3. (c) where a state of urgency duly 
substantiated by the entity 
renders impracticable the 
periods in question, the 
periods specified in 
paragraph  2 may be reduced 
but shall in no case be less 
than 10  days from the date of 
the publication referred to in 
paragraph  1 of Article  IX;  or  
 
5. A procuring entity may reduce the time -period for 
tendering set out in paragraph  3 by five  days for each one 
of the following circumstances:  
 
(a) the notice of intended procurement is 
published by electronic means ; 
 
(b) all the tender documentation is made 
available by electronic means from the 
date of the publication of the notice of 
intended procurement [;  and  
 
(c) the tenders can be received by electronic 
means by the procuring entity ].US,CDA,JPN,HKC 
  
6. The use of paragraph  5, in conjunction with 
paragraph  4, shall in no case result in the reduction of 
[the]US [those] time -period[s] [for tendering set out in 
paragraph 3]US to less than 10  days from the date on which 
the notice of intended procurement is published.  
  
[7. [Notwithstanding any other time -period in this 
Article,] Where a procuring entity purchases commercial 
goods or services, it may reduce the time -period for 
tendering set out in paragraph  3 to not less than 15  [10]CDA 
days, provided that it publishes by electronic means, at the 
same time, both the notice of intended procurement and 
the complete tender documentation.  Where the entity also 
accepts tenders for commercial goods and services by  GPA/TN1994/4/Rev.9  
 
- 20 - 
 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
electronic means, it may reduce the tendering period set 
out i n paragraph  3 to not less than ten [three]CDA 
days.]US,CDA 
 
[7bis. Notwithstanding any other time -period in this 
Article, where a procuring entity purchases commercial 
goods or services, it may reduce the time -period for 
tendering set out in paragraph 3 to  not less than 15 days, 
provided that the procuring entity:  
 
 (a) publishes by electronic means, at the 
same time, both the notice of intended 
procurement and the complete tender 
documentation; and  
 
 (b) accepts tenders by electronic 
means.]EC,JPN 
 
8. Where a procuring entity in Annex  [2 or]US,CDA 3 
has selected all or a limited number of qualified suppliers, 
the time -period for tendering may be fixed by mutual 
agreement between the procuring entity and the selected 
suppliers.  In the absence of agreeme nt, the period shall 
not be less than 10  days.  
 3. (d) the period referred to in 
paragraph  2(c) may, for 
procurements by entities listed 
in Annexes  2 and 3, be fixed 
by mutual agreement between 
the entity and the selected 
suppliers.  In the absence of 
agreement, the entity may fix 
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.  
 
1. A procuring entity shall provide to suppliers tender 
documentatio n 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 pro vided 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 
certific ation, 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 
instruct ional materials;  
 
(b) any conditions for participation of 
suppliers including a list of information 
and documents that suppliers are 
required to submit in connection 
therewith;   (f) any economic and technical 
requirement, financial 
guarantees and information or 
documents required from 
suppliers;  GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
  
(c) all criteria, including any cost factors, to 
be considered in the awarding of the 
contract, and, except where price is the 
sole criterion, the relative importance of 
such criteria ; 
  (h) the criteria for awarding the 
contract, including any factors 
other than price that are to be 
considered in the evaluation of 
tenders and the cost elements 
to be included in evaluating 
tender prices, such as 
transport, insurance and 
inspection costs, and in th e 
case of products or services of 
other Parties, customs duties 
and other import charges, 
taxes and currency of 
payment;  
 
(d) where the procuring entity will conduct 
the procurement by electronic means any 
authentication and encryption 
requirements or oth er requirements 
related to the receipt of information by 
electronic means;  
  
(e) where the procuring entity will hold an 
electronic auction, the rules, including 
identification of [the]HKC [price and 
quantifiable non -price]US,EC,CDA [elements 
of the tender related to the]EC,JPN,NOR,SWI,US 
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, wh ere appropriate, the 
persons authorized to be present;   and 
  (e) the persons authorized to be 
present at the opening of 
tenders and the date, time and 
place of this opening;  
 
(g) any other terms or conditions, including 
terms of payment and any limitation on 
the means by which tenders may be 
submitted, e.g., paper or electronic 
means.  
  (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 
  (a) the address of the entity to 
which tenders should be sent;  
 
 (b) the address where requests for 
supplementary information 
should be sent;  
 
 (c) the language or languages in 
which tenders and tendering 
documents must be 
submitted;  
 
 (d) the closing date and time for 
receipt of tenders and the 
length of time during which 
any tender should be open for 
acceptance;  
 ... 
 
 (k) in accordance with Article XVII 
the terms and conditions, if GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
any, under which tenders from 
countries not Parties to this 
Agreement, but which apply 
the procedures of that Article, 
will be entertained.  
 
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 
for 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, 
provide d 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 specifications ... 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  (a) be in terms of performance GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
terms of performance and functional 
requirements, rather than design or 
descriptive characteristics;  and  rather than design or 
descriptive characteristics;  
and 
(b) base the technical specification on 
international standards, where such exist;  
otherwise, on national technical 
regulations, recognized nati onal 
standards or building codes.  
  (b) be based on international 
standards, where such exist;  
otherwise, on national 
technical regulations3, 
recognized national 
standards4, or building codes.  
 
6. Where design or descriptive characteristics are 
used in the technical specifications, a procuring entity 
should, where appropriate, include words such as "or 
equivalent" in the [technical specifications] [tender 
documentation]US [and consider tenders that demonstrably 
meet the [requi rements defined by the]EC [required]US 
design or descriptive characteristics and are fit for the 
purposes intended].  
  
7. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular trademark 
or trade name, patent, copyright, design or type, specific 
origin, producer or supplier, unless there is no other 
sufficiently precise or intelligible way of describing the 
procurement requirements and provided that, in such 
cases, words such as "or equivalent" are inclu ded in the 
tender documentation.  
 3. There shall be no requirement or 
reference to a particular trademark or trade 
name, patent, design or type, specific origin, 
producer or supplier, unless there is no 
sufficiently precise or intelligible way of 
describing the procurement requirements and 
provided that words such as "or equivalent" are 
included in the tender documentation.  
 
8. A procuring entity shall not seek or accept, in a 
manner that would have the effect of precluding 
competition, advice tha t may be used in the preparation or 
adoption of any technical specification for a specific 
procurement from a person that may have a commercial 
interest in the procurement.  
 4. Entities shall not seek or accept, in a 
manner which would have the effect of 
precluding competition, advice which may be 
used in the preparation of specifications for a 
specific procurement from a firm that may have 
a commercial interest in the procurement.  
 
9. [For greater certainty, t]US [T]CDA[his Article is not 
intended to preclude a]US,CDA [A]EC,HKC,NOR Party, including its 
procuring entities, [shall not be precluded]EC,HKC,NOR from 
preparing, adopting, or applying technical specifications to 
promote the conservation of natural resources or protect 
the environment[ , provide d that such technical 
specifications are consistent with 
paragraphs  4 through  8]JPN,EC,NOR ,SWI. 
  
Modifications  
  
10. 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 appropriate.  
 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 amend 
or re-issue the notice, the amendment or the re -
issued notice shall be given the same circulation 
as the original documents upon which the 
amendment is based.  Any significant 
information given to one supplier with respect to 
a particular intended procurement s hall 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. Entities shall not, in the course of GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
negotiations, discriminate between different 
suppliers. In particular, they shall ensure that:  
 
 ... 
 (b) all modifications to the criteria 
and to the technical 
requirements are transmitted 
in writing to all remaining 
participants in the 
negotiations;  
 
Article  VIII 
Conditions for Participation  
  
Article  VIII 
Qualification of Suppliers  
 
General Requirements  
  
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.  Q ualification 
procedures shall be consistent with the 
following:  
 
(b) any conditions for participation 
in tendering procedures shall 
be limited to those which are 
essential to ensure the firm's 
capability to fulfil the contract 
in question. ...  
 
2. In assessing whether a supplier satisfies the 
conditions for participation, a procuring entity:  
 
(a) shall evaluate the financial, commercial, 
and technical abilities of a supplier on the 
basis of that supplier's business activities 
both inside and outside th e territory of 
the Party of the procuring entity;  
  (b) ... Any 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 well 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 b oth 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;  
 
(b) shall base its determination on the 
conditions that th e procuring entity has 
specified in advance in notices or tender 
documentation;  
  
(c) may not impose the condition that, in 
order for a supplier to participate in a 
procurement, the supplier has previously 
been awarded one or more contracts by a  GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
procuring entity of a given Party;  and  
 
(d) may require relevant prior experience 
where essenti al to meet the requirements 
of the procurement.  
3. A procuring entity may exclude a supplier on 
grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) significant [or persistent]HKC deficiencies 
in performance of any substantive 
requirement or obligation under a prior 
contract ; 
 
(d) final judgments in respect of serious 
crimes or other serious public offences ; 
 
[(e) [professional misconduct ]EC or acts or 
omissions that adversely refl ect upon the 
professional conduct, integrity or honesty 
of the supplier;]HKC,EC 
 
(f) failure to pay taxes.  
 
[A Party, including its procuring entities, [is encouraged to] 
[may] establish or maintain procedures to declare ineligible 
for participation in the  Party's covered procurements[, 
either indefinitely or for a stated period of time,] suppliers 
that the Party has determined to have engaged in 
fraudulent or other serious illegal actions.]EC 
  (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.  
 
[Uniformity of Qualification Procedure s [and Registration 
Systems]KOR,US,EC 
  
[4. A [Each]US Party, including its procuring entities, 
may maintain a supplier registration system under which it 
invites suppliers interested in participating in its 
procurement to register and provide [basic supplier 
information]KOR,US [certain information relating to the 
supplier]EC.]KOR,US,EC,NOR 
  
5. Each Party shall ensure that:  
 Article VIII  
(g) each Party shall ensure that:  
 
(a) each procuring entity and its constituent 
parts follow a single qualification 
procedure, except in cases of duly 
substantiated need for a different 
procedure;  and  
 (i) each entity and its 
constituent parts follow 
a single qualification 
procedure, except in 
cases of duly 
substantiated need for 
a different procedure;  
and 
 
(b) its procuring entities make efforts to 
minimize differences in their qualification 
procedures [and[, where 
applicable,]HKC,US,EC registration 
systems]KOR,US,EC .]EC,KOR,SWI,US,NOR 
 (ii) efforts be made to 
minimize differences in 
qualification 
procedures between 
entities.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Selective Tendering  
  
6. A procuring entity  that intends to use selective 
tendering shall, in the notice of intended procurement[, or 
in the notice inviting suppliers to submit a request for 
participation that is published in the appropriate [media] 
[medium]US listed in Appendix  [ ] and includes the 
information in Article  V:2(a), (b), (h), (i) and (j) [and 
(k)]CDA]US,CDA: 
 
(a) invite suppliers to submit a request for 
participation;  and  
 
(b) indicate the [address and the]CDA,US time-
limit for submitting requests for 
participation, as provided for in 
Article  VI:2. 
 Article  VII 
3. For the purposes of this Agreement:  
 
 ... 
 
 (b) Selective tendering 
procedures are those 
procedures under which, 
consistent with paragraph 3 of 
Article X and other relevant 
provisions of this Agreement, 
those suppliers invited to do 
so by the entity may submit a 
tender.  
 
Article  VIII 
... Qualification procedures shall be consistent 
with the following:  
 
(a) any 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 with efficient 
operation of the procurement  
process, complete the 
qualification procedures;  
 
7. A procuring entity shall recognize as [a]US qualified 
supplier[s] [all] [any]US domestic supplier[s] and [any]US 
supplier[s] of [an]other Parties [Party]US that meet[s] the 
conditions for participation in a particular procurement, 
unless the procuring entity states in the notice or, where 
publicly available, in the tender documentation, any 
limitation on the number of suppliers that will be permitted 
to tender and the criteria for such limitation.  
 Article VIII  
(c) the process of, and the time required 
for, qualifying suppliers shall not be used 
in order to keep suppliers of other 
Parties off a suppliers' list or from being 
considered for a particular intended 
procurement.  Entities shall recognize as 
qualified suppliers such domestic 
suppliers or suppliers of other Parties 
who meet 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  
1. To ensure optimum effective 
international competition under selective 
tendering procedures, entities shall, for each 
intended procurement, invite tenders from the 
maximum number of domestic suppliers and 
suppliers of other Parties, consistent with the 
efficient operation of the procurement system.  
They shall select the suppliers to participate in 
the procedure in a fair  and non -discriminatory 
manner.  
 
2. Entities maintaining permanent lists of 
qualified suppliers may select suppliers to be 
invited to tender from among those listed.  Any GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
selection shall allow for equitable opportunities 
for suppliers on the lists.  
 
3. Suppliers requesting to participate in a 
particular intended procurement shall be 
permitted to submit a tender and be considered, 
provided, in the case of those not yet qualified, 
there is sufficient time to complete the 
qualification procedure under Articles  VIII and 
IX.  The number of additional suppliers 
permitted to participate shall be limited only by 
the efficient operation of the procurement 
system.  
 
8. Where the tender documentation is not made 
publicly available from the date of publication of the notice 
referred to in paragraph  6, 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  7. 
 Article  IX 
5. Entities which use a notic e 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 provi ded to 
one interested supplier shall be provided in a 
non-discriminatory manner to the other 
interested suppliers.  
 
9. Where a supplier submits a request for 
participation, and all required documents relating thereto, 
within the time -limit, [as] provided for in Article  VI:2, a 
procuring entity, [whether or not it uses a multi -use 
list,]EC,SWI,NOR shall examine the request and may not 
exclude the supplier from consideration in respect of the 
procurement on the grounds that the procuring entity has 
insuffici ent time to examine the application[, unless, 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]US,JPN [before 
commencement of the tende ring period]HKC].US,HKC,JPN,NOR 
 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 intende d 
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 sub mit 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 onl y by 
the efficient operation of the procurement 
system.  GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 Article  X 
4. Requests to participate in selective 
tendering procedures may be submitted by 
telex, telegram or facsimile.  
 
Multi-Use Lists  
  
10. A procuring entity may maintain a multi -use list of 
suppliers, provided that it annually publishes [or otherwise 
makes available continuously in electronic form]US,CDA,JPN,HKC 
a notice inviting interested suppliers to apply for inclusion 
on the list in one of the appropriate media listed in 
Appendix  [ ].  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 
conta ct 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  
 Article IX  
(c) the period of validity of the 
lists, and the formalities for 
their renewal.  
 
Article VIII  
 (f) … Qualified suppliers included 
on permanent lists by entities 
shall also be notified of the 
termination of any such lists or 
of their removal from them;  
 
(e) an indication that the list may be used for 
procurement covered by th e Agreement.  
 Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in 
which the notices appear, that the procurement 
is covered by the Agreement.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[11. Notwithstanding paragraph  10, a procuring entity 
may publish the notice referred to in paragraph  10 only 
once, at the beginning of the valid ity of the list, provided 
that: 
 
(a) the period of validity is three years or less 
and is stated in the notice;  and  
 
(b) the notice states that further notices will 
not be published.]EC,US,NOR 
 Article IX  
9. ... 
 
However, when the duration of the qualification 
system is three years or less, and if the duration 
of the system is made clear in the notice and it 
is also made clear that further notices will not be 
published, it shall be sufficient to publish the 
notice once only, at the beginning of the  system.  
Such a system shall not be used in a manner 
which circumvents the provisions of this 
Agreement.  
 
12. A procuring entity shall allow suppliers to apply at 
any time for inclusion on a multi -use list and shall include 
on the list all qualified suppliers within a reasonably short 
time. 
 Article VIII  
(d) entities maintaining permanent 
lists of qualified suppliers shall 
ensure that suppliers may 
apply for qualification at any 
time;  and that all qualified 
suppliers so requesting are 
included in the lists within a 
reasonably short time;  
 
Annex  [2 and]US 3 Entities  [NB:  The EC is questioning 
the need to differentiate between Annex  1 and 
Annex  2 entities. ] 
  
13. A procuring entity listed in Annex  [2 or]US 3 may 
use a notice inviting suppliers to apply for inclusion on a 
multi-use list as a notice of intended procurement, 
provided that:  Article IX  
3. Entities in Annexes  2 and 3 may use a 
notice of planned procurement as provided for in 
paragraph 7, or a notice regarding a qual ification 
system, as provided for in paragraph 9, as an 
invitation to participate.  
 
(a) the notice sets out, in addition to the 
information required in paragraph  10, 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 multi -use list]US,JPN;  
[and]US 
 
(b) the entity promptly provides to suppli ers 
that have expressed an interest to the 
entity in a given procurement, sufficient 
information to permit them to assess 
their interest in the procurement, 
including all remaining information 
required in Article  V:2, to the extent such 
information is avai lable[;  and  
 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 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 th e extent such 
information is available.  Information provided to 
one interested supplier shall be provided in a 
non-discriminatory manner to the other 
interested suppliers.  
 
9. ... When such a notice is used as an 
invitation to participate in accordance wi th 
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.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) a supplier having applied for inclusion on 
a multi -use list in accordance with 
paragraph  12 shall be allowed to tender 
in a given procurement, if there is 
sufficient time to examine whether it 
satisfies the conditions for 
participation] .EC,NOR,JPN 
 Article VIII  
(c) ... Suppliers reques ting 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;  
 
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 partic ipate shall be limited only by 
the efficient operation of the procurement 
system.  
 
Information on Procuring Entities’ Decisions  
  
14. A procuring entity shall promptly inform any 
supplier that submits a request for participation or 
application for inclus ion on a multi -use list of its decision.  
 
15. Where a procuring entity rejects a supplier's 
request for participation or application for inclusion on a 
multi-use list, ceases to recognize a supplier as qualified, 
or removes a supplier from a multi-use list, the entity shall 
inform the supplier and, on request of the supplier, 
promptly provide the supplier with a written explanation of 
the reasons for its decision.  
 Article VIII  
 (f) any supplier having requested 
to become a qualified supplier 
shall be advised by the entities 
concerned of the decision in 
this 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 XVIII  
2. Each entity shall, on request from a 
supplier of a Party, promptly provide:  
 
 ... 
 
 (b) pertinent information 
concerning the reasons why 
the supplier's application to 
qualify was rejected, why its 
existing qualification was 
brought to an end and why it 
was not selected;  ...  
 
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IX 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. [A] [Each]US 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 
advantageous in terms of the specific 
evaluation c riteria 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. Negotia tions 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.  
 
2. A procuring entity shall:  
 
 (a) ensure that any elimination of tenderers 
in negotiations is carried out in 
accordance with the evaluation criteria set 
out in the notices or tender 
documentation;  and  
 4. Entities shall  not, in the course of 
negotiations, discriminate between different 
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 to the criteria 
and to the technical 
requirements are transmitted 
in writing to all remaining 
participants in the 
negotiations;  
 
 (c) all remaining participants are 
afforded an opportunity to 
submit new or amended 
submissions on the basis of 
the revised requirements;  
and 
 
 (b) when negotiations are concluded, provide 
a common deadline for the remaining 
tenderers to submit any new or revised 
tenders.  
  (d) when negotiations are 
concluded, all participants 
remaining in the negotiations 
shall be permitted to submit 
final tenders in accordance 
with a common deadline.  GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
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 use a limited tendering [procedure] and may 
choose not to apply Articles  [V, VI, VII (paragraphs 1 
through 3 and 9), VIII, IX, and XI (paragraphs 1  and 3 
through 9)]US,CDA,JPN only under the following circumstances:  
 1. The provisions of Articles  VII through 
XIV governing open and selective tendering 
procedures need not apply in the following 
conditions, provided that limited tendering is not 
used with a view to avoiding maximum possible 
competition or in a manner which would 
constitute a means of discrimination among 
suppliers of other Parties or protection to 
domestic producers or s uppliers:  
 
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. 
 
 
(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;  
 
(b) where the goods or services can be 
supplied only by a particular supplier and 
no reasonable alternative or substitute 
goods or services exist for the following 
reasons:  
 
(i) the requirement is for a work of 
art; 
 
(ii) the protection of patents, 
copyrights or other exclusive 
rights[, or proprietary 
information]US,CDA,JPN;  or  [NB:  
The EC and Switzerland are 
wondering what is the extent 
or definition of proprietary 
information. ] 
 
(iii) due to an absence of competition 
for 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 
competitio n for technical 
reasons, the products or 
services can be supplied only 
by a particular supplier and no 
reasonable alternative or 
substitute exists;  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) for additional deliveries of goods or 
services by the original supplier that are 
intended either as re placement parts, 
extensions, or continuing services for 
existing equipment, software, services or 
installations, where a change of supplier 
would compel the entity to procure goods 
or services that do not meet requirements 
of interchangeability [or 
interop erability]US with [or are not 
operable with]JPN existing equipment, 
software, services, or installations;  [that 
would:  
 
(i) alter the operation or use of the 
existing goods or services;  or  
 
(ii) due to the change of goods or 
services, require existing 
equipment or services to be 
altered;]CDA 
 
[[NB:  This proposal will replace (c) and (g) .] 
 (cbis) for additional deliveries of goods 
and services by the original supplier not 
included in the initial procurement but 
which were within the objectives of the 
initial tender documentation where  
 
(i) such additional goods and 
services can not be separated 
from the initial procurement for 
economic or technical reasons 
such as requirements of 
interchangeability or 
interoperability with initial 
equipment, software, services, or 
installations; and  
 
(ii) such separation would cause 
significant inconvenience to the 
procuring entity.]EC,SWI 
  (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 
existi ng equipment or 
services5; 
 
Footnote  
5. It is the understanding that "existing 
equipment" includes software to the extent that 
the initial procurement of the software was 
covered by the Agreement.  
(d) in so far as is strictly necessary where, 
for reasons of extreme urgency brought 
about by events unforeseeable by the 
procuring entity, the goods or services 
could not be obtained in time under 
tendering procedures consistent with 
Articles  [ ]; 
  (c) in so far as is strictly 
necessary when, for reasons of 
extreme urgency brought 
about by events 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;  
  (h) for products purchased on a 
commodity market;  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) where a procuring entity procures a 
prototype or a first good or service that is 
developed at its request in the course of, 
and for, a particular contract for research, 
experiment, study or original 
development.  Orig inal 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 sta ndards, 
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 cour se of, 
and for, a particular contract 
for research, experiment, 
study or original development.  
When such contracts have 
been fulfilled, subsequent 
procurements of products or 
services shall be subject to 
Articles  VII through XIV6; 
 
Footnote  
6. Original development of a first product 
or service may include limited production or 
supply in order to incorporate the results of field 
testing and to demonstrate that the product or 
service is suitable for production or supply in 
quantity to acceptable q uality standards.  It 
does not extend to quantity production or supply 
to establish commercial viability or to recover 
research and development costs.  
 
(g) where additional [construction]JPN,CDA,US,KOR 
services which were not included in the 
initial procu rement 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 contractor 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;  Hong Kong, 
China;  Norway;  and the EC question 
why this should be limited to 
construction. ] 
  (f) when addi tional 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 describ ed 
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 per cent of the amount of 
the main contract;  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(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 i ndicated in the 
notice of intended procurement 
concerning the initial service, that a 
limited procurement method might be 
used in awarding contracts for such new 
services;  
  (g) for new construction services 
consisting of the repetition of 
similar construction services 
which 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 se rvice, 
that limited tendering 
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 s uch as arising from 
liquidation, receivership or bankruptcy 
and not for routine purchases from 
regular suppliers;  and  
  (i) for purchases made under 
exceptionally advantageous 
conditions which only arise in 
the very short term.  This 
provision is intended  to cover 
unusual disposals by firms 
which are not normally 
suppliers, or disposal of assets 
of businesses in liquidation or 
receivership.  It is not 
intended to cover routine 
purchases from regular 
suppliers;  
 
(j) in the case of a contract awarded to a 
winner of a design contest provided that:  
 
(i) the contest has been organized 
in a manner that is consistent 
with the principles of th e 
Agreement, notably as regards 
the publication of a notice of 
intended procurement;  and  
 
(ii) the participants are judge d 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 procuring 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 autho rities 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.9  
 
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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  
 
Treatment of Tenders  Opening of Tenders  
 
1. A procuring entity shall receive, open and treat all 
tenders under procedures that guarantee the fairness and 
impartiality of the procurement process, and the 
confidentiality of tenders.  
 3. All tenders solicited under open or 
selective procedures by entities shall be received 
and opened under procedures and conditions 
guaranteeing the regularity of the openings.  
The receipt and ope ning 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 responsibl e for 
the entity in order that it may be used if 
required under the procedures of Articles  XVIII, 
XIX, XX  and XXII.  
 
Article XIV  
3. Entities shall treat tenders in 
confidence.  In particular, they shall not provide 
information intended to assist particular  
participants to bring their tenders up to the level 
of other participants.  
 
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 par t of the procuring entity.  
 Article XIII  
Receipt of Tenders  
2. A supplier shall not be penalized if a 
tender is received in the office designated in the 
tender documentation after the time specified 
because of delay due solely to mishandling on 
the part of the entity.  Tenders may also be 
considered in other exceptional circumstances if 
the procedures of the entity concerned so 
provide.  
 
3. When a procuring entity provides suppliers with 
opportunities to correct unintentional errors of form 
between the opening of tenders and the awarding of the 
contract, the procuring entity shall provide the same 
opportunities to all participating suppliers.  
 1. (b) the opportunities that may be 
given to tenderers to correct 
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.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Awarding of Contracts  
 
4. To be considered for award, a tender must be in 
writing and must, at the time of opening, comply wit h the 
essential requirements of the notices and tender 
documentation and be from a supplier that satisfies any 
conditions for participation.  
 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 
particul ar 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 t elex, 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  
 
Award of Contracts  
4. (a) To be considered for award, a 
tender must, at the time of 
opening, conform to the 
essential requirements of the 
notices or tender 
documentation and be from a 
supplier which complies with 
the conditions for participatio n. 
... 
 
 (c) Awards shall be made in 
accordance with the criteria 
and essential requirements 
specified in the tender 
documentation.  
 
5. A procuring entity shall not use option clauses in a 
manner that circumvents the provisions of th e Agreement.  
 5. Option clauses shall not be used in a 
manner which circumvents the provisions of the 
Agreement.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
6. Unless a procuring entity determines that it is not 
in the public interest to award a contract, it shall award the 
contract to the supplier  that the entity has determined [, 
based solely on the requirements and evaluation criteria 
specified in the notices and tender documentation:  
 
 (a) is fully capable of undertaking the 
contract; and  
 
 (b) has submitted the most advantageous 
tender, or where price is the sole 
criterion, the lowest price.]US 
 
[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 requir ements 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 set forth in 
the notices  or tender 
documentation is determined 
to be the most advantageous.  
 
7. Where a procuring entity receives a tender with a 
price that is abnormally lower than the prices in other 
tenders submitted, it may verify with the tenderer that it 
can comply with th e 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.  
 
8. A procuring entity shall not cancel a procurement 
or modify awarded contracts in a manner that circumvents 
the obligations of the Agreement.  
  
[Article  XII Use of Ele ctronic 
[Auctions ]US,KOR,JPN,NOR,HKC [Means ]EC]EC,NOR,KOR,US  
[NB:  The location and content of paragraphs 1 and 2 
are still under discussion. ] 
  
[1. Covered procurement conducted, exclusively or 
partially, by electronic means shall be subject to the 
provisions of the Agreement.]EC,SWI,SGP 
 
[2. When conducting covered procurement 
electronically, a procuring entity shall:  
 
(a) ensure that the procurement is conducted 
in a manner that is consistent with the 
Agreement, in particular by using non -
discrimin atory, generally available and 
interoperable information technology 
systems and software, including those 
related to authentication and encryption;  
 
(b) ensure that all information necessary to 
permit suppliers to prepare and submit 
responsive tenders, including any 
authentication and encryption 
requirements, is included in the tender 
documentation;  
 
(c) use mechanisms which clearly and 
unambiguously guarantee that, before the 
expiry of the deadlines set, the integrity 
of data is preserved, acce ss to tenders 
and request to participate is prohibited 
and the timing of receipt of tenders and 
request to participate is accurately 
established.]EC 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 
Agreeme nt.  These consultations shall in 
particular aim to ensure that the use of 
information technology promotes the aims of 
open, non -discriminatory and efficient 
government procurement through transparent 
procedures, that contracts covered under the 
Agreement are clearly identified and that all 
available information relating to a particular 
contract can be identified.  When a Party intends 
to innovate, it shall endeavour to take into 
account the views expressed by other Parties 
regarding any potential problems.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
[[3./1.]  Where a procuring entity intends to conduct a 
covered procurement using an electronic auction, the  entity 
shall provide participants, before commencing the 
electronic auction, with:  
 
(a) the automatic evaluation method or 
mathematical formula that is based on 
the evaluation criteria set out in the 
tender documentation, and that will be 
used in the auto matic ranking or re -
ranking during the auction;  and  
(b) any other relevant information relating to 
the conduct of the  
auction.]EC,NOR,KOR,US,JPN,HKC 
 
 
Article  XIII 
Transparency of Procurement Information  
  
Article XVIII  
Information and Review as Regards Obligations 
of Entities  
 
Information Provided to Suppliers  
  
1. A procuring entity shall promptly inform 
participating suppliers of the entity's contract award 
decisions and, on request, in writing.  Subject to 
Article  XIV, a procuring entity shall, on request, provide an 
unsuccessful supplier with an explanation of the reasons 
that the entity did not select its tender and the relative 
advantages of the successful supplier's tender.  
 3. Entities shall promptly inform 
participating suppliers of decisions on contract 
awards and, upon request, in writing.  
 
2. Each entity shall, on request from a 
supplier of a Party, promptly provide:  
 
 ... 
 
 (c) to an unsuccessful tenderer, 
pertinent information 
concerning the reasons why its 
tender was not selected and 
on the characteristics and 
relative advantages of the 
tender selected as well as the 
name of the winning tenderer.  
 
Publication of Award Information  
  
2. Not later than 72  days after the award of each 
contract covered by th e 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 
products or services in the 
contract award;  
 
(b) the name and address of the procuring 
entity;  
  (b) the name and address of the 
entity awarding the contract;  
 
(c) the name and address of the successful 
supplier;  
  (d) the name and address of 
winning tenderer;  GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) the value of the successful tender or the 
highest and lowest offers taken into 
account in the award of the contract;  
  (e) the value of the winning award 
or the highest and lowest offer 
taken into account in the 
award of the contract;  
(e) the date of award;  and  
  (c) the date of award;  
(f) the type of procurement method used, 
and in cases where limited tendering was 
used pursuant to Article  [X ( Limited 
Tendering) ], a description of the 
circumstances justifying the use of such 
procedure.  
  (f) where appropriate, me ans of 
identifying the notice issued 
under paragraph 1 of Article  IX 
or justification according to 
Article  XV for the use of such 
procedure;  and  
 
 (g) the type of procedure used.  
 
Maintenance of Documentation, Reports, and Electronic 
Traceability  
  
3. Each procuring entity shall, for a period of at least 
three  years from the award of the contract:  
 
(a) maintain documentation and reports of 
tendering procedures and contract awards 
relating to covered procurement, 
including the reports provided for in 
Article  [X (Limited Tendering)];  and  
 
(b) [maintain data that preserves full 
electronic traceability of the conduct of 
covered procurement]CDA [ensure that the 
conduct of covered procurement by 
electronic means is fully 
traceable] .EC,JPN,U S,SWI,NOR,KOR 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.  
 
Article XV  
2. Entities shall prepare a report in writing 
on each contract awarded under the provisions 
of paragraph 1. Each report shall contain the 
name of the procuring entity, value and kind of 
goods or services procured, country of origin, 
and a statement of the conditions in this Article 
which preva iled.  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. 
 
Collection and Report of Statistics  
  
4. Each Party shall collect and report to the 
Committee statistics on its contracts covered by th e 
Agreement.  Each report shall cover one  year and be 
submitted within two  years of the end of the reporting 
period, and shall contain:  
 Article XIX  
5. Each Party shall collect and provide to 
the Committee on an annual basis statistics on 
its procurements covered by this Agreement.  
Such reports shall contain the following 
information with respect to contracts awarded 
by all procurement ent ities covered under this 
Agreement:  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) for Annex  1 procuring entities:  
 
(i) the number and total value, for 
all such entities, of contracts 
covered by th e Agreement;  
 
(ii) the number and total value of all 
contracts covered by the 
Agreement awarded by such 
entities, broken down by 
[categories of]US,CDA,JPN,NOR,HKC,SWI 
goods and services according to 
a[n internationally 
recognized]CDA,US,JPN,NOR,HKC 
uniform classification system;  
and 
 
(iii) the number and total value of 
contracts covered by the 
Agreement awarded by each 
such entity under limited 
tendering;  
 (a) for entities in Annex  1, 
statistics on the estimated 
value of contracts awarded, 
both above and below the 
threshold value, on a globa l 
basis and broken down by 
entities;  ...; 
 
(b) for entities in Annex  1, 
statistics on the number and 
total value of contracts 
awarded above the threshold 
value, broken down by entities 
and categories of products and 
services according to uniform 
classific ation systems;   ...; 
 
(c) for entities in Annex  1, 
statistics, broken down by 
entity and by categories of 
products and services, on the 
number and total value of 
contracts awarded under each 
of the cases of Article  XV;  ...;  
and 
 
(d) for entities in Annex  1, 
statistics, broken down by 
entities, on the number and 
total value of contracts 
awarded under derogations to 
the Agreement contained in the 
relevant Annexes ;  ... . 
 
(b) for Annex  2 and 3 procuring entities, the 
number and total value of contracts 
covered by the Agreement awarded by all 
such entities, broken down by Annex;  
and 
 5. Each Party shall collect and provide to 
the Committee on an annual basis statistics on 
its procurements covered by this Agreement.  
Such reports shall contain t he following 
information with respect to contracts awarded 
by all procurement entities covered under this 
Agreement:  
 
(a) ... for entities in Annexes  2 and 
3, statistics on the estimated 
value of contracts awarded 
above the threshold value on a 
global basi s and broken down 
by categories of entities;  
 
(b) ... for entities in Annexes  2 and 
3, statistics on the estimated 
value of contracts awarded 
above the threshold value 
broken down by categories of 
entities and categories of 
products and services;  
 
(c) ... for categories of entities in 
Annexes  2 and 3, statistics on 
the total value of contracts 
awarded above the threshold 
value under each of the cases 
of Article  XV;  and  
 
 (d) ... for categories of entities in 
Annexes  2 and 3, statistics on GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
the total val ue of contracts 
awarded under derogations to 
the Agreement contained in the 
relevant Annexes.  
 
(c) where data to be provided under 
subparagraph  [(a) and]EC,US,JPN,NOR,SWI (b) 
is not available, estimates shall be 
provided.  
  
 5. ... To the extent that such information is 
available, each Party shall provide statistics on 
the country of origin of products and services 
purchased by its entities.  With a view to ensuring 
that such statistics are comparable, the 
Committee shall provide guidance on methods to  
be used.  With a view to ensuring effective 
monitoring of procurement covered by this 
Agreement, the Committee may decide 
unanimously to modify the requirements of 
subparagraphs (a) through (d) as regards the 
nature and the extent of statistical informati on to 
be provided and the breakdowns and 
classifications to be used.  
 
5. Where a Party publishes its statistics on an official 
website, the Party may substitute a notification of the 
website address for the submission of the data, with any 
instructions ne cessary to access and use such statistics.  
  
6. Where a Party requires notices concerning 
awarded contracts, pursuant to paragraph  2, to be 
published electronically and where such notices are 
accessible to the public through a single database in a form 
permitting analysis of the covered contracts, the Party may 
substitute a notification of the website address for the 
submission of the data, with any instructions necessary to 
access and use such data.  
  
 
Article  XIV 
Disclosure of Information  
  
Provision of Information to Parties  Article XIX  
Information and Review as Regards Obligations 
of Parties  
 
1. On request of any other Party, a Party shall 
provide promptly any information necessary to determine 
whether the procurement was conducted fairly,  impartially 
and in accordance with the Agreement, including 
information on the characteristics and relative advantages 
of the successful tender.  In cases where release of this 
information would prejudice competition in future tenders, 
the Party that rece ives 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 this Agreement may 
seek, without prejudice to the provisions under 
Article  XXII, such additional information on the 
contract award as may be necessary to ensure 
that the procurement was made fa irly 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 
discretion.  In cases where release of this 
information would prejudice competition in 
future tenders, this information shall not be 
disclosed except after consultation with and GPA/TN1994/4/Rev.9  
 
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agreement of the Party which gave the 
information to the government of the 
unsuccessful tenderer.  
 
3. Available information concerning 
procurement by covered entities and their 
individual contract awards shall be provided, 
upon request, to any other Party.  
 
2. Notwithstanding any other provision of the 
Agreement, a Party, including its procuring entities, may 
not provide information to a particular supplier that might 
prejudice fair competition between suppliers.  
 Article VII  
2. Entities shall not provide to any  
supplier information with regard to a specific 
procurement in a manner which would have the 
effect of precluding competition.  
 
Article XIV  
3. Entities shall treat tenders in 
confidence. In particular, they shall not provide 
information intended to assist particular 
participants to bring their tenders up to the level 
of other participants.  
 
Article XVIII  
4. However, entities may decide that 
certain information on the contract award, 
contained in paragraphs 1 and 2(c), be withheld 
where release of suc h information would impede 
law enforcement or otherwise be contrary to the 
public interest or would prejudice the legitimate 
commercial interest of particular enterprises, 
public or private, or might prejudice fair 
competition between suppliers.  
 GPA/TN1994/4/Rev.9  
 
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3. Nothi ng in the Agreement shall be construed to 
require a Party, including its procuring entities, authorities, 
and review bodies, to release confidential information 
under the Agreement where release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice 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.  
 
[4. Information subject to paragraph  3 shall be made 
available to [the exclusive use by]HKC an authority or review 
body under Article  XVIII or a panel under Article  XIX where 
it is determined by the authority, review body or panel that 
such information is necessary for it  to decide the outcome 
of a challenge or a dispute.  Any information subsequently 
made available pursuant to this paragraph shall be subject 
to procedures to ensure that its confidentiality is preserved. 
If a Party refuses to provide such information, the authority 
, review body or panel may draw adverse inferences from 
this refusal.]EC 
 Article XIX  
4. Confidential information provided to 
any Party which would impede law enforcement 
or otherwise be contrary to the public interest or 
would prejudice the legi timate 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.  
 
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 legiti mate 
commercial interest of particular enterprises, 
public or private, or might prejudice fair 
competition between suppliers.  
 
 
Article  XV 
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 otherwise) 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 deve loping country for transitional measures with 
regard to its market access commitments under 
paragraph  3, as well as its implementation of [the 
procedural obligations of]US,CDA,JPN the Agreement under 
paragraph  6.]US,CDA,JPN,ISR  [As provided for in this Ar ticle 
[and upon request], the Parties shall accord special and 
differential treatment to:  
 
 (a) least-developed countries;  and  
 
 (b) any other developing country, where and 
to the extent that this special and 
differential treatment meets its 
development needs.]EC,HKC,NOR,SWI,KOR 
 Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, through the 
provisions set out in this Article, duly take into 
account the development, financial and trade 
needs of developing countries, in particular 
least-developed countries, in their need to: ...  
 GPA/TN1994/4/Rev.9  
 
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 1. (a) safeguard their balance -of-
payments position and ensure 
a level of reserves adequate 
for the implementation of 
programmes of economic 
development;  
 
 (b) promote the establishment or 
development of domestic 
industries including the 
development of small -scale 
and cottage industries in rural 
or backward areas; and 
economic development of 
other sectors of the economy;  
 
 (c) support industrial units so long 
as they are wholly or 
substantially dependent on 
government procurement;  
and 
 
 (d) encourage their economic 
development through regional 
or global arrangements among 
developing countries 
presented to the Ministerial 
Conference of the World Trade 
Organization  (hereinafter 
referred to as the "WTO") and 
not disapproved by it.  
 
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, in accordance with a 
phase -out schedule, set out in an Annex to its Appendix  I, 
and in a manner that does not discriminate among the 
Parties:  
 
(a) a price preference programme, provided 
that the programme:  
 
(i) provides a prefe rence only for 
the part of the tender 
incorporating goods or services 
originating in the developing 
country applying the preference 
or goods or services originating 
in other developing countries 
that have preferential 
agreements with the developing 
country  applying the preference;  
and 
 
 Agreed Exclusions  
4. A developing country may negotiate 
with other participants in negotiations under this 
Agreement mutually acceptable exclusions from 
the rules on national treatment with respect to 
certain entities, products or services that are 
included in its coverage lis ts, 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 th e 
regional or global arrangements concerned and, 
in particular, products or services which may be 
subject to common industrial development 
programmes.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis to developing countries acceding to 
this 
Agreement af ter its entry into force.  
 GPA/TN1994/4/Rev.9  
 
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(ii) is transparent, and the 
preference and its application in 
the procurement are clearly 
described in the notice of 
intended procurement and the 
notice inviting suppliers to apply 
for participation in procurement 
covered by th e Agreement;  
  
(b) an offset, provided that any requirement 
for, or consideration of, the imposition of 
the offset is clearly stated in the notice 
of intended procurement and the notice 
inviting suppliers to apply for 
participation in procurement covered by 
the Agreement;  
 Article XVI  
2. Nevertheless, having regard to general 
policy considerations, including those relating to 
development, a developing country may at the 
time of accession negotiate conditions for the 
use of offsets, such  as requirements for the 
incorporation of domestic content.  Such 
requirements shall be used only for qualification 
to participate in the procurement process and 
not as criteria for awarding contracts.  
Conditions shall be objective, clearly defined and 
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 incl uded in the notice of 
intended procurement and other documentation.  
 
[(c) the phased -in addition of specific entities 
or sectors;  and  
  
(d) a transitional threshold that is higher 
than its permanent threshold. ]US,CDA,JPN 
  GPA/TN1994/4/Rev.9  
 
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[4. Where the Parties have agreed to transitional 
measures [other than price preferences or offsets]EC,SWI 
under paragraph  3 for a developing country other than a 
least-developed country, any Party may limit the scope of 
coverage that the Party provides to that country during t he 
application of the transitional measures in order to 
maintain an appropriate balance of opportunities under the 
Agreement.  Any such limitations shall be clearly identified 
in the Committee's accession decision and in each Party's 
Annexes or Notes to Ap pendix  I.]EC  [NB:  Canada;  
Israel;  Japan;  Norway;  the United States;  and 
Hong  Kong, China suggest to delete this paragraph 
because of paragraph  2.] 
 
 Article V  
2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation 
and application of laws, regulations and 
procedures affecting government procurement, 
facilitate increased imports from developing 
countries, bearing in mind the special problems 
of least -developed countries and of those 
countries at low stages  of economic 
development.  
 
Coverage  
3. With a view to ensuring that developing 
countries are able to adhere to this Agreement 
on terms consistent with their development, 
financial and trade needs, the objectives listed in 
paragraph  1 shall be duly taken into account in 
the course of negotiations with respect to the 
procurement of developing countries to be 
covered by the provisions of this Agreement.  
Developed countries, in the preparation of their 
coverage lists under the provisions of this 
Agreem ent, 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 o f 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 w ith respect to 
products or services originating in those Parties, 
in the context of any general or specific 
measures in favour of developing country 
Parties.  A Party may also grant the benefits of 
this Agreement to suppliers in least -developed 
countries w hich are not Parties, with respect to 
products or services originating in those 
countries.  
 
[5. The agreed -upon transition period shall not exceed 
10 years for developing countries and 20  years for least -
developed countries.]EC,SWI,KOR 
  
6. In order for a developing country to bring its 
measures into conformity with the Agreement, it  may, with 
the agreement of the Parties, apply a specified 
implementation period, which shall be:  
 
(a) for a least -developed country, 
[three]US,CDA [X]EC years upon its 
accession to the Agreement;  and  
 
(b) for any other developing country, the 
period necessary to adopt measures 
relating to [specific procedural 
obligations of]CDA,JPN,US the Agreement,  
 
provided that the developing country complies with 
Article III:1(b) . 
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7. Any developing country that has been permitted to 
apply an implementation period under paragraph  6 shall list 
in an Annex to its Appendix  I the implementation period, 
and where applicable, specific procedural obligations and 
any interi m measures that it will take with regard to those 
obligations.  
  
8. After the Agreement has entered into force for a 
developing country, the Committee, on request of the 
developing country[, and with a three -fourths majority 
vote,]EC,NOR,SWI,KOR may: 
(a) extend the transition period for measures 
permitted under paragraph  3 or the 
implementation period permitted under 
paragraph  6 where a developing country 
demonstrates a need for the extension;  
or 
 
(b) approve the application of new  
transitional measures that are set out in 
paragraph  3, in special circumstances 
unforeseen during the accession process.  
 Article V  
5. After entry into force of this 
Agreement, a developing country Party may 
modify its coverage lists in accordance with th e 
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 services 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 may 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 particular circumstances of each case and 
taking duly into account the provisions of 
subparagraph  1(d).  Each request to the 
Committee by a developing country Party 
relating t o modification of a list shall be 
accompanied by documentation relevant to the 
request or by such information as may be 
necessary for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to 
this Agreement after its entry into force.  
 
9. At the end of the transition period for measures 
permitted under paragraph  3, the implementation period 
permitted under paragraph  6, and any extensions 
permitted under paragraph  8, the developing country shall 
fully comply with the Agreement.  
  
10. A developing country benefiting from a transitional 
measure provided for in paragraphs  3 or  8, or an 
implementation period provided for in paragraph  6, 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 the Committee of such steps, including 
any special technical cooperation and capacity building 
needs.  
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11. During a developing country's accession process or 
after the entry into force of the 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 coun try's implementation of the 
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 ref erred 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 transla tion 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 assis tance which it may 
deem appropriate to potential tenderers in least -
developed countries in submitting their tenders 
and selecting the products or services which are 
likely to be of interest to its entities as well as to 
suppliers in least -developed countri es, and 
likewise assist them to comply with technical 
regulations and standards relating to products or 
services which are the subject of the intended 
procurement.  
 
[12. Notwithstanding the other provisions in this 
Article, the Parties may provide special  market access 
opportunities for least -developed countries that are not 
Parties to the Agreement[, but that agree to apply 
transparent procedures that are generally consistent with 
the Agreement]US.]US,CDA 
 Article  XVII 
2. Governments not Parties to the 
Agreement which comply with the conditions 
specified in paragraphs 1(a) through 1(c), shall 
be entitled if they so inform the Parties to 
participate in the Committee as observers.  
 GPA/TN1994/4/Rev.9  
 
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13. The Committee shall review the operation and 
effectiveness of this Art icle every five years.  
 Article  V 
7. Such agreed exclusions as mentioned in 
paragraphs 4, 5 and 6 shall be subject to review 
in accordance with the provisions of 
paragraph  14 below.  
 
Review  
14. The Committee shall review annually 
the operation and effectiveness of this Article 
and, after each three years of its operation on 
the basis of reports to be submitted by Parties, 
shall carry out a major review in order to 
evaluate its effects.  As part of the three -yearly 
reviews and with a view to achievin g the 
maximum implementation of the provisions of 
this Agreement, including in particular 
Article  III, and having regard to the 
development, financial and trade situation of the 
developing countries concerned, the Committee 
shall examine whether exclusions  provided for in 
accordance with the provisions of paragraphs  4 
through 6 of this Article shall be modified or 
extended.  
 
 15. In the course of further rounds of 
negotiations in accordance with the provisions of 
paragraph 7 of Article XXIV, each developin g 
country Party shall give consideration to the 
possibility of enlarging its coverage lists, having 
regard to its economic, financial and trade 
situation.  
 
 
Article  XVI 
Exceptions to the Agreement  
  
Article  XXIII 
Exceptions to the Agreement  
 
1. Nothing in the Agreement shall be construed to 
prevent any Party from taking any action or not disclosing 
any information that it considers necessary for the 
protection of its essential security interests relating to the 
procurement of arms, ammunition or war materials, or to 
procurement indispensable for national security or for 
national defence purposes.  
 1. Nothing in this Agreement shall be 
construed to prevent any Party from taking any 
action or not disclosing any information which it 
considers necessa ry 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.  GPA/TN1994/4/Rev.9  
 
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2. Subject to the requirement that such mea sures 
are not applied in a manner that would constitute a means 
of arbitrary or unjustifiable discrimination between Parties 
where the same conditions prevail or a disguised restriction 
on international trade, nothing in the Agreement shall be 
construed to  prevent any Party from imposing or enforcing 
measures:  
 
(a) 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.  
 
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to protect 
human, animal or plant life or health.]US,CDA  [NB:  Japan;  
Norway;  and Hong Kong, China can join a consensus 
on this paragraph. ] 
 2. Subject to the requirement that such 
measures are not applied in a manner which 
would constitute a means of arbitrary or 
unjustifiable discrimination between countries 
where the same conditions prevail or a disguised 
restriction on international trade, nothing in this 
Agreement shall be construed to prevent any 
Party from imposing or enforcing measures: 
necessary to protect public morals, order or 
safety, human, animal or pl ant life or health or 
intellectual property;  or relating to the products 
or services of handicapped persons, of 
philanthropic institutions or of prison labour.  
[4. Unless provided otherwise in a Party's Appendix I, 
this Agreement shall [exclude] [not app ly to]EC the 
following covered procurement [the following procurement 
are not covered]SWI:  
 
(a) awarded under an international 
agreement and intended for the joint 
implementation or exploitation of a 
project by the signatory States;  
 
(b) awarded under an international 
agreement relating to the stationing of 
troops;  
 
(c) awarded under the particular procedure 
of an international organization;  
 
(d) of agricultural products made in 
furtherance of agricultural support 
programmes and human feeding 
programmes including food aid such as 
urgent relief aid;  
 
(e) for the direct purpose of providing 
international development assistance;  
and 
 
(f) procurement for the direct purpose of 
providing foreign assistance;  
 
(g) procurement made in furtherance of 
tied a id to developing countries;   
 
 
(h) of fiscal agency or depository services, 
liquidation and management services for 
regulated financial institutions, loans, 
sale and distribution services for 
[government/public] debt.]EC Notes  
 
Article  1, paragraph  1 
 Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect to 
the untying of such aid, this Agreement does not 
apply to procurement made in furtherance of 
tied aid to developing countries so long as it is 
practised by Parties.  
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[Market Access Issue ] 
[NB: Norway;   Hong Kong, China;  and Switzerland 
consider that the procurement for aid purposes 
should not be excluded from coverage.  As a 
compromise, Switzerland would accept a reciprocal 
untying of tied aid. ] 
 
 
Article  XVII  
Modifications and Rectifications to Coverage  
  
 
Notification of Proposed Modification  
 
1. [Each]US [A] shall notify the Committee of any 
proposed rectification, transfer of an entity from one Annex 
to another, withdrawal of an entity, or other modification 
(referred to generally in this Article as "modification") of 
Appendices I through IV.  The Party proposing the 
modification ("modifying Party") shall include in the 
notification:  
 
[(a) for any proposed withdrawal of an entity 
from Appendix  I in exercise of its rights 
on the grounds that government control 
or influence over it has been effectively 
eliminated, [including by virtue of 
liberalization,]EC,NOR,SWI evidence that such 
government control or influence has been 
effectively eliminated, including 
information that addresses, as 
appropriate, the indicative criteria 
developed by the Committee in 
accor dance with paragraph  14;  or]  [NB:  
The bracketed language and the 
indicative criteria are market access 
issues.]  
 
(b) for any other proposed modification, 
information as to the likely consequences 
of the change for the mutually agreed 
coverage provided i n the Agreement.  
 
[2. Where a Party uses a method other than a list of 
specific entities to identify its covered entities in 
[[Annex  1,] Annex  2 and]CDA,JPN Annex  3 of Appendix  I to 
the Agreement, the Party shall notify, at least annually in 
accordance wit h paragraph  1, all proposed modifications to 
the covered entities that are within the scope of the entities 
generally described or referred to by the Party in the 
Annexes.  Where no such modifications are contemplated a 
nil report will be provided.]CDA,JPN ,US  [NB:  The EC, 
Switzerland and Norway consider that this paragraph 
is a market access issue. ] 
 Article XXIV  
6. Rectifications or Modifications  
(a) Rectifications, transfers of an entity 
from one Annex to another or, in 
exceptional cases, other modifications 
relating to Appendices I through IV 
shall be notified to the Committee, 
along with information as to the likely 
consequences of the change for the 
mutually agreed coverage provided in 
this Agreement. ...  
(b) Where a Party wishes, in exercise of its 
rights, to withdraw an entity from 
Appendix I on the grounds that 
government control or influence over it 
has been effectively eliminated, that 
Party shall notify the Committee. …  GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
3. A Party whose [rights]US,EC,NOR,JPN [benefits]CDA 
under the Agreement may be affected by[, or who has a 
systemic interest relating to,]CDA a proposed modification 
notified under paragraph  1 shall notify the Committee of 
any objection to the proposed modification within 45  days 
from the date of  the circulation to the Parties of the 
notification.  The notification shall set out reasons for the 
objection.  The modifying Party and the objecting Party 
shall seek to resolve the objection through consultations.  
 
4. In such consultations, the Parties c oncerned shall 
consider the proposed modification and, in  the case of a 
notification under paragraph  1(b), any claim for 
compensatory adjustments, with a view to maintaining a 
balance of rights and obligations and a comparable level of 
mutually agreed cove rage provided in the 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 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.  
 6. Rectifications or Modifications  
 
(a) ... The Committee shall consider the 
proposal and any claim for 
compensatory adjustments, with a 
view to maintaining a balance of rights 
and obligations and a comparable level 
of mutually agreed coverage provided 
in this Agreement prior to such 
notification.  
 
Arbitration  
 
5. If the modifying Party and an objecting Party are 
unable to reach agreement within 110  days from the end of 
the objection period in paragraph  3, or at any earlier date 
agreed by the Parties, the modifying Party or any objecting 
Party may re fer the matter to arbitration, by notifying the 
Committee. 
 
6. Where more than one Party requests arbitration 
relating to a proposed modification, a single arbitration 
shall be established whenever feasible.  
 6. Rectifications or Modifications  
 
(a) ... In the event of agreement not being 
reached, the matter may be pursued in 
accordance with the provisions 
contained in Article XXII.  
 
(b) … In the event of an objection, the 
matter may be pursued in accordance 
with the procedures on consultations 
and dispute settlement contained in 
Article  XXII.  In considering the 
proposed modification to Appendix I 
and any consequential compensatory 
adjustment, allowance shall be made 
for the market -opening effects of the 
removal of government control or 
influence.  
7. Any Party having a substantial interest in a matter 
brought to arbitration and having notified its interest to the 
Committee (referred to hereafter as "third party") shall 
have an opportunity to be heard by the arbitrator and to 
make written submission s to the arbitrator.  These 
submissions shall also be given to the parties to the 
arbitration and shall be reflected in the arbitration report.  
  
8. The arbitrator shall determine:  
 
 (a) in the case of a proposed withdrawal 
under paragraph  1(a), whether 
government control or influence over the 
entity proposed to be withdrawn has been 
effectively eliminated;  or  
 
 (b) in the case of any other proposed 
modification, whether the proposed 
modification would result in a level of 
coverag e comparable to, or greater than, 
the level of mutually agreed coverage 
provided in the Agreement and would 
otherwise maintain the balance of rights 
and obligations under the Agreement.  
 
9. The modifying Party shall submit to the arbitrator 
prima facie evi dence in support of its proposed 
modification.  
 
10. The arbitrator shall issue a reasoned  GPA/TN1994/4/Rev.9  
 
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Implementation  
 
13. 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 modificat ion to the Parties to 
the Agreement under paragraph  1; 
 
(b) each objecting Party has notified the 
Committee that it withdraws its objection 
to the proposed modification;  
 
(c) no Party refers the matter to arbitration 
within 120  days from the end of the 
objection period in paragraph  3;  or  
 
(d) an arbitrator has determined that:  
 
(i) in the case of a proposed 
withdrawal under 
paragraph  1(a), government 
control or influence over the 
entity has been effectively 
eliminated;  or  
 
(ii) in the case of any other 
proposed modification, the 
proposed modification would 
result in a level of coverage 
comparable to the level of 
mutually agreed coverage 
provided in the Agreement and 
would otherwise maintain the 
balance of rights and obligations 
under the Agreement.  
 6. Rectifications or Modifications  
 
(a) ... If the rectifications, transfers or 
other modifications are of a purely 
formal or minor nature, they shall 
become effective provided there is no 
objection within 30  days. ...  
 
(b) ... Such modification shall become 
effective the day after the end of the 
following meeting of the Committee, 
provided that the meeting is no sooner 
than 30  days from the date of 
notification and no objection has been 
made. ...  
 
Committee Responsibilities  
 
14. The Committee shall develop working procedures 
for arbitrations under this Article, criteria that indicate the 
effective elimination of government control or influence 
over an entity, and criteria that indicate how to determine 
the level of compensatory adjus tment to be offered for 
modifications made pursuant to this provision.1 
 
Footnote  
1. The Parties will agree upon the indicative criteria 
before the conclusion of the GPA review/negotiations.  
 6. Rectifications or Modifications  
 
(a) ... In other cases, the Chairman of the 
Committee shall promptly convene a 
meeting of the Committee. ...  
 
(b) ... Such modification shall become 
effective the day after the end of the 
following meeting of the Committee, 
provided that the meeting is no sooner 
than 30 da ys from the date of 
notification and no objection has been 
made. ...  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XVIII  
Domestic Review Procedures for Supplier Challenges  
  
Article XX  
Challenge Procedures  
1.  Each Party shall provide a timely, 
effective, transparent, and non-discriminatory 
administrative or judicial review procedure through which a 
supplier may challenge a breach of the Agreement [or a 
failure to comply with a Party's measures implementing the 
Agreement]US,CDA arising in the context of a covered 
procuremen t, in which it has, or has had, an interest.  The 
procedural rules for all  challenges shall be in writing and 
made generally available.  
[NB:  United States and Canada are indicating that 
the two choices are intended to reflect different legal 
systems and not to provide choices for suppliers and 
that there may be a need for revised drafting. ] 
 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  by a supplie r, arising 
in the context of covered procurement in which the supplier 
has, or has had, an interest, that there has been a breach 
of the Agreement [or a failure to comply with a Party's 
measures implementing the Agreement]US,CDA, each Party 
shall encourage  the procuring entity and supplier to seek 
resolution of the complaint through consultations.  The 
procuring entity shall accord impartial and timely 
consideration to any such complaint in a manner that is 
prejudicial neither to the supplier's participatio n in ongoing 
or future procurement nor to the supplier's rights to seek 
corrective measures under the administrative or judicial 
review procedure.  
 Consultations  
1. In the event of a complaint by a 
supplier that there has been a breach of this 
Agreement in the context of a procurement, 
each Party shall encourage the supplier to seek 
resolution of its complaint in consultation with 
the procuring entity. In such instances the 
procuring entity shall accord impartial and 
timely consideration to any such complaint, in a 
manner that is not prejudicial to obtaining 
corrective measures under the challenge 
system.  
 
3. Each supplier shall be allowed a sufficient period of 
time to 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.  
 5. The interested supplier may be required 
to initiate a challenge procedure and notify the 
procuring entity within specified time -limits fr om 
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 authority that is 
independent of its procuring entities to receive and review 
a challenge of a supplier arising in the context of a covered 
procurement.  
 6. Challenges shall be heard by a court or 
by an impartial and independent review body 
with no interes t in the outcome of the 
procurement and the members of which are 
secure from external influence during the term 
of appointment. ...  
 
5. Where a body other than an authority referred to 
in paragraph  4 initially reviews a challenge, the Party shall 
ensure t hat the supplier may appeal the initial decision to 
an impartial administrative or judicial authority that is 
independent of the procuring entity that is the subject of a 
challenge.  
  
6. A review body that is not a court shall either be 
subject to judicia l 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:  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the procuring entity shall respond in 
writing to the challenge and disclose all 
relevant documents to the review body;  
  (e) opinions or decisions are given 
in writing with a statement 
describing the basis for the 
opinions or decisions;  
 
 ... 
 
 (g) documents are disclosed to the 
review body.  
 
(b) the participants to the proceedings shall 
have the right to be heard prior to a 
decision of the review body being made 
on the challenge;  
  (a) participants can be heard 
before an opinion is given or a 
decision is reached;  
 
(c) the participants to the proceedings shall 
have the right to be represented and 
accompanied;  
  (b) participants can be 
represented and accompanied;  
 
(d) the participants to the proceedings shall 
have access to all proceedings;  
  (c) participants shall have access 
to all proceedings;  
 
(e) the participants to the proceedings shall[, 
on request by the supplier,]US have the 
right to [have]US [request that] the 
proceedings take place in public and [to 
present]US [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 presen ted; 
 
7. Each Party shall adopt or maintain procedures that 
provide for:  
 7. Challenge procedures shall provide for:  
 
(a) rapid interim measures to preserve the 
supplier's opportunity to participate in the 
procurement.  Such interim measures 
may result in suspension of the 
procurement process.  However, [a 
review body may decide not to apply an 
interim measure if such a measure would 
have overriding adverse effects on the 
interests concerned, including the 
interests of the public.  In such 
circums tances, the review body shall 
provide in writing just cause for its 
decision]US [procedures may provide that 
overriding adverse consequences for the 
interests concerned, including the public 
interest, may be taken into account when 
deciding whether such me asures should 
be applied.  In such circumstances, just 
cause for not acting shall be provided in 
writing]EC,CDA;  and  
  (a) rapid interim measures 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;  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) [corrective action where a review body 
has determined that there has been a 
breach of the Agreement or a failure by a 
procuring entity to comply with a Party's 
measures implementing]US,CDA [correction 
of the breach of]EC,NOR the Agreement or 
compensation for the loss or damages 
suffered, which may be limited to 
[either]HKC the cos ts for the preparation of 
the tender or the costs relating to the 
challenge.   (c) correction of the breach of the 
Agreement or compensation 
for the loss or damages 
suffered, which may be limited 
to costs for tender preparation 
or protest.  
 
 8. With a view  to the preservation of the 
commercial and other interests involved, the 
challenge procedure shall normally be completed 
in a timely fashion.  
 
 
Article  XIX 
Consultations and Dispute Settlement  
  
Article XXII  
Consultations and Dispute Settlement  
 
1. Each Party shall accord sympathetic consideration 
to, and shall afford adequate opportunity for, consultation 
regarding such representations as may be made by another 
Party with respect to any matter affecting the operation of 
the Agreement.  
 2. ... Any Pa rty thus approached shall give 
sympathetic consideration to the representations 
or proposals made to it.  
2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under the Agreement is 
being nullified or impaired, or that the attainment of any 
objective of the Agreement is being impeded as the result 
of the failure of another Party or Parties to carry out its 
obligations under the Agreement[, or the application by 
another Party or Parties of any measure, whether or not it 
conflicts with the provisions of the Agreement,]CDA,JPN,US it 
may with a view to reaching a mutually satisfactory 
resolution of the matter, have recourse to the provisions of 
the Understanding on Rules and Procedures Governing the 
Settlement of Disputes (he reinafter referred to as "the 
Dispute Settlement Understanding").  
 2. If any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that 
the attainment of any objective of this 
Agree ment is being impeded as the result of the 
failure of another Party or Parties to carry out its 
obligations under this Agreement, or the 
application by another Party or Parties of any 
measure, whether or not it conflicts with the 
provisions of this Agreeme nt, it may with a view 
to reaching a mutually satisfactory resolution of 
the matter, make written representations or 
proposals to the other Party or Parties which it 
considers to be concerned. Such action shall be 
promptly notified to the Dispute Settlemen t 
Body established under the Dispute Settlement 
Understanding (hereinafter referred to as 
"DSB"), as specified below.  ...  
 
3. The Dispute Settlement Understanding applies to 
consultations and the settlement of disputes under the 
Agreement, with the follo wing modifications:  
 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 spe cifically provided below.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(a) other Parties to the Agreement with a 
substantial trade interest in the 
consultations may request to be joined in 
the consultations;]EC 
 
[(b) in the case of a dispute in which 
provisions of the Agreement and of one or 
more other Agreements listed in 
Appendix  1 of the Dispute Settlement 
Understanding are invoked by one of the 
parties to the dispute, only a Member of 
the WTO that is a Party to this Agreement 
may, with respect to those parts of the 
dispute concerning the A greement:  
 
 (i) participate in decisions or actions 
of the Dispute Settlement Body;  
and 
 
 (ii) exercise third party rights during 
consultations, panel, and Appellate 
Body procedures;]JPN,EC,US,ISR 
 
  3. The DSB shall have the authority to 
establish panels, adopt panel and Appellate 
Body reports, make recommendations or give 
rulings on the matter, maintain surveillance of 
implementation of rulings and 
recommendations, and authorize suspension of 
concessions and 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.  
 
 
[(c) each panel established by the Dispute 
Settlement Body to examine disputes 
under the Agreement should include at 
least one person qualified in the area of 
government procurement, unless the 
parties to the dispute agree 
otherwise ;]US,CDA,JPN  and 
 5. Panels established by the DSB to 
examine disputes under this Agreement should 
include persons qualified in the area of 
government procurement.  
 
 6. Every effort shall be made to 
accelerate the proceedings to the greatest 
extent possible. Notwithstanding the provisions 
of paragraphs 8 and 9 of Article 12 of the 
Dispute Settlement Understanding, the panel 
shall attempt to provide its final report to the 
parties to the dispute not later than four 
months, and in case of delay not later than 
seven months, after the date on which the 
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 p aragraph 4 of 
Article 21 of the Dispute Settlement 
Understanding by two months. Moreover, 
notwithstanding 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 disag reement as to the 
existence or consistency with a covered 
Agreement of measures taken to comply with 
the recommendations and rulings, within 60 
days.  
 
 (d) notwithstanding paragraph  3 of Article  22 
of the Dispute Settlement Understanding, 
any dispute arising under any Agreement 
listed in Appendix  1 to the Dispute 
Settlement Understanding other than this 
Agreement shall not result in the 
suspension of concessio ns or other 
obligations under this Agreement, and 
any dispute arising under this Agreement 
shall not result in the suspension of 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 Se ttlement Understanding other than 
this Agreement shall not result in the suspension 
of concessions or other obligations under this 
Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligation s under any other GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
concessions or other obligations under 
any other Agreement listed in the said 
Appendix  1].US,ISR,JPN,CDA,KOR 
 
[(dbis) Where a P arty, pursuant to Article 22.2 
DSU, requests authorization to suspend 
concessions or other obligations and 
either the violation or other nullification 
or impairment is under this Agreement, 
or the Party envisages suspending 
concessions or other obligations  under 
this Agreement the following principles 
and procedures shall replace those set 
out in Article 22.3 DSU:  
 
(i) where the panel or Appellate 
Body has found a violation or 
other nullification or other 
impairment under this 
Agreement, the complaining 
Party should first seek to 
suspend concessions or other 
obligations under this 
Agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend concessions or other 
obligations under this 
Agreement, and that the 
circumstances are serious  
enough, it may seek to suspend 
concessions or other obligations 
under another covered 
agreement;  
 
 
(ii) where the panel or Appellate 
Body has found a violation or 
other nullification or other 
impairment under another 
covered agreement, the 
complaining Par ty should first 
seek to suspend concessions or 
other obligations under that 
agreement.  If that Party 
considers that it is not 
practicable or effective to 
suspend concessions or other 
obligations under that 
agreement, and that the 
circumstances are serious  
enough, it may seek to suspend 
concessions or other obligations 
under this Agreement;  
 
(iii) in applying the above principles, 
that Party shall take into 
account:  
 
(a) the trade under the 
Agreement under which 
the panel or Appellate 
Body has found a 
violation or other 
nullification or 
impairment, and the Agreement listed in the said Appendix  1. 
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
importance of such 
trade to that Party;  
 
(b) the broader economic 
elements related to the 
nullification or 
impairment and the 
broader economic 
consequences of the 
suspension of 
concession or other 
obligations;  
 
(iv) if that Party decides to request 
authorization to suspend 
concessions or other obligations 
pursuant to the second sentence 
of subparagraphs  (i) or  (ii), it 
shall state the reasons therefore 
in its request.  At the same time 
as the reques t is forwarded to 
the DSB, it also shall be 
forwarded to the Committee and 
the relevant Councils.  
 
(v) all other provisions of Article 22 
DSU are applicable to a 
suspension of concessions or 
other obligations under the GPA. 
In such cases, references to 
Article 22.3 DSU in Article 22.6 
DSU should be read as a 
reference to this provision.]EC,SWI  
 
[4. (a) In the communication referred to in 
Article  [21.3] of the DSU, the Party 
concerned shall inform the DSB whether 
it is possible to bring the measures found 
to be inconsistent with 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 the Agreement 
into conformity with the Agreement that 
Party shall, immediately after having 
made tha t communication, 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 
caused by the measure found to be 
inconsistent with the Agreement.  
 
(c) Unless a request for arbitration has been 
made, the Party concerned shall, within 
30 days from the request for 
consultations, submit to all Parties who 
have entered into such cons ultations, a 
proposal for mutually acceptable 
compensation.  
 
 
 3. The DSB shall have the authority to 
establish panels, adopt panel and Appellate 
Body reports, make recommendations or give 
rulings on the matter, maintain surveillance of 
implementation of rulings and 
recommendations, and authorize suspension of 
concessions and 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.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d) When arbitration has been requested, the 
Party concerned shall submit such a 
proposal within 30  days of the award of 
the arbitrator.  Any such proposal shall be 
consistent with the award of  the 
arbitrator.  
 
(e) Such arbitration shall be carried out by 
the original panel, if members are 
available, or by an arbitrator, which term 
shall be interpreted as referring to an 
individual or a group, appointed by the 
Director -General and shall be completed 
within 60  days after the request for 
arbitration.  
 
(f) If no proposal for compensation has been 
submitted within the periods referred to in 
subparagraphs  (c) or (d), or if no 
agreement has been reached within 
60 days from the submission of the la ter 
of: 
 
(i) a proposal for mutually 
acceptable compensation;  or  
 
(ii) such a proposal made 
subsequent to an arbitration 
award;  
 
the complaining Party shall be entitled to request 
authorization from the DSB to suspend the application to 
the Party concerned of concessions and other obligations 
under the covered agreements that is appropriate in light 
of the level of nullification or impairment that was caused 
by the measure.]EC 
  
 4. Panels shall have the following terms 
of reference unless the parties to the dispute 
agree otherwise within 20 days of the 
establishment of the panel:  
 
"To examine, in the light of the relevant 
provisions of this Agreement and of (name 
of any other covered Agreement cited by 
the parties to the dispute), the matter 
referred to the DSB by (name of party) in 
document ... and to make such findings as 
will assist the DSB in making the 
recommendations or in giving the rulings 
provided fo r in this Agreement."  
 
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 the dispute, paragraph 3 shall 
apply only to those parts of the panel report 
concerning the interpretation and application of 
this Agreement.  
 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XX 
Institutions  
  
Article XXI  
Institutions  
Committee on Government Procurement  
  
1. A Committee on Government Procurement 
composed of representatives from each of the Parties shall 
be established.  This Committee shall elect its own 
Chairman and shall meet as necessary, but not less than 
once a year, for the purpose of affording Parties the 
opportunity to consult on any matte rs relating to the 
operation of the 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 representatives from 
each of the  Parties shall be established.  This 
Committee shall elect its own Chairman and Vice -
Chairman and shall meet as necessary but not 
less than once a year for the purpose of affording 
Parties the opportunity to consult on any matters 
relating to the operation  of this Agreement or the 
furtherance of its objectives, and to carry out 
such other responsibilities as may be assigned to 
it by the Parties.  
2. The Committee may establish working parties or 
other subsidiary bodies that shall carry out such functions 
as may be given to them by the Committee.  
 2. The Committee may establish working 
parties or other subsidiary bodies which shall 
carry out such functions as may be given to them 
by the Committee.  
Observers  
  
 Article  XVII 
Transparency  
 
1. Each Party shall encourage entities to 
indicate the terms and conditions, including any 
deviations from competitive tendering 
procedures or access to challenge procedures, 
under which tenders will be entertained from 
suppliers situated in countries not Parties to thi s 
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 tender s 
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 en sure the 
availability of a satisfactory 
means of redress.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. Any WTO Member that is not a Party to the 
Agreement shall be entitled to participate in the Committee 
as an observer upon submission of a written notice to the 
Secretariat.  Any WTO observer ma y submit a written 
request to the Secretariat to participate in the Committee 
as an observer, and may be accorded observer status by 
the Committee.  
 2. Governments not Parties to the 
Agreement which comply with the conditions 
specified in paragraphs 1(a) t hrough  1(c), shall 
be entitled if they so inform the Parties to 
participate in the Committee as observers.  
 
 
Article  XXI 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. The Agreement shall enter into force on  [ ] for 
those WTO Members whose agreed coverage is set out in 
Annexes  1 through  [6/7] of Appendix  I, and that have, by 
signature, accepted the Agreement on  [ ], or have, by or 
on that date, signed the Agreement subject to ratification 
and have subsequently rat ified 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 15 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  
 Article  XXIV 
3. Transitional Arrangements  
 
 (a) Hong Kong and Korea may 
delay application of the 
provisions of this Agreement, 
except Articles  XXI and  XXII, to 
a date not later than 
1 January  1997.  The 
commencement date of their 
application of the provisions, if 
prior to 1  January  1997, shall 
be notifi ed 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 thi s 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 GPA/TN1994/4/Rev.9  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
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.  
 
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.  Wh en all Parties to 
the 1994  Agreement have accepted this Agreement, the 
1994 Agreement shall be terminated.  
 Article  XXIV 
3. (c) Between Parties to this 
Agreement which are also 
Parties to the 1988 Agreement, 
the rights and obligations of 
this Agreement shall supersede 
those under the 1988 
Agreement.  
 
 (d) Article  XXII shall not enter into 
force until the date of entry 
into force of the WTO 
Agreement.  Until such time, 
the provisions of Article  VII of 
the 1988 Agreement shall 
apply to consultations and 
dispute settlement under this 
Agreement, which provisions 
are hereby incorporated in the 
Agreement by reference for 
that purpose.  These 
provisions shall be applied 
under the auspices of the 
Committee under this 
Agreement.  
 
(e) Prior to t he date of entry into 
force of the WTO Agreement, 
references to WTO bodies shall 
be construed as referring to 
the corresponding GATT body 
and references to the Director -
General of the WTO and to the 
WTO Secretariat shall be 
construed as references to, 
respectively, the Director -
General to the CONTRACTING 
PARTIES to GATT 1947 and to 
the GATT Secretariat.  
 
Accession  
 
3. Any Member of the WTO that is not a Party to the 
Agreement may accede to the Agreement on terms to be 
agreed between that Member and the Parties.  Accession 
shall take place by deposit with the Director -General of the 
WTO of an instrument of accession that states the terms so 
agreed.  The Agreement shall enter into force for an 
acceding Member on the 30th day following the date of its 
acces sion to the Agreement.  
 2. Accession  
 
Any government which is a Member of the WTO, 
or prior to the date of entry into force of the WTO 
Agreement which is a contracting party to 
GATT 1947, and which is not a Party to this 
Agreement may accede to this Agreem ent on 
terms to be agreed between that government and 
the Parties.  Accession shall take place by deposit 
with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed.  The Agreement shall enter into force for 
an acce ding government on the 30th  day 
following the date of its accession to the 
Agreement.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
Reservations  
 
4. No Party may enter any reservation in respect of 
any provisions of the Agreement.  
 4. Reservations  
 
Reservations may not be entered in respect of 
any of the provisions of this Agreement.  
National Legislation  
 
5. Each Party shall ensure, not later than the date of 
entry into force of the Agreement for it, the  conformity of 
its laws, regulations and administrative procedures, and the 
rules, procedures and practices applied by its procuring 
entities, with the provisions of the Agreement.  
 5. National  Legislation  
 
 (a) Each government accepting or 
acceding to this Agreement 
shall ensure, not later than the 
date of entry into force of this 
Agree ment for it, the 
conformity of its laws, 
regulations and administrative 
procedures, and the rules, 
procedures and practices 
applied by the entities 
contained in its lists annexed 
hereto, with the provisions of 
this Agreement.  
 
6. Each Party shall inform the Committee of any 
changes in its laws and regulations relevant to thd 
Agreement and in the administration of such laws and 
regulations.  
  (b) Each Party shall inform the 
Committee of any changes in 
its laws and regulations 
relevant to this Agreem ent 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 the 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 developments 
during  the periods covered by 
such reviews.  
 
8. Not later than the end of [the tenth  year] from the 
date of entry into force of the Agreement, and periodically 
thereafter, the Parties thereto shall undertake further 
negotiations, with a view to improving the Agreement and 
achieving the greatest possible extension of its coverage 
among all Parties, taking into consideration the needs of 
developing countries.  
 (b) Not later than the end of the 
third year from the date 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 on the basis 
of mutual reciprocity, havin g 
regard to the provisions of 
Article  V relating to developing 
countries.  
 
Article V  
15. In the course of further rounds of 
negotiations in accordance with the provisions of 
paragraph  7 of Article  XXIV, each developing 
country Party shall give consideratio n to the 
possibility of enlarging its coverage lists, having 
regard to its economic, financial and trade 
situation.  GPA/TN1994/4/Rev.9  
 
- 66 - 
 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
9. The Parties shall seek to avoid introducing or 
continuing discriminatory measures and practices that 
distort open procurement and shall, in the context of 
negotiations, seek to eliminate those which remain on the 
date of entry into force of the Agreement.  [NB:  Parties 
will review the need for this provision at the end of 
the negotiations. ] 
 Article XXIV  
7. (c) Parties shall seek to avoid 
introducing or prolonging 
discriminatory measures and 
practices which distort open 
procurement and shall, in the 
contex t of negotiations under 
subparagraph (b), seek to 
eliminate those which remain 
on the date of entry into force 
of this Agreement.  
 
10. Following the conclusion of the work programme 
for the harmonization of rules of origin for goods being 
undertaken under the Agreement on Rules of Origin in 
Annex  1A of the Agreement Establishing the World Trade 
Organization and negotiations regarding trade in services, 
the Parties shall take the results of that work programme 
and those negotiations into acc ount 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.  
 
[11. Not later than the end of the third  year from the 
date of entry into force of the Agreement, the  Committee 
shall undertake further work to establish a common 
nomenclature for describing the subject of procurement 
notices and common standardized notices in  view of 
improving the effectiveness of cross -border procurement 
and simplifying the description and content of such 
notices.]EC,SWI 
  
Amendments  
 
12. The Parties may amend the Agreement having 
regard, inter alia , to the experience gained in its 
implementation.  Such an amendment, once the Parties 
have concurred in accordance with the procedures 
established by the Committee, shall [not enter into force 
for any Party until it has been accepted by such Party]US 
[take effect for the Parties that have  accepted them upon 
acceptance by two thirds of the Parties and thereafter for 
each other Party upon 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 any Party until it has been 
accepted by such Party.  
Withdrawal  
 
13. Any Party may withdraw from the Agreement.  
The withdrawal shall take effect upon the expiration of 
60 days from the date the Director -General of the WTO 
receives written notice of the withdrawal.  Any Party may 
upon such notification request an immediate meeting of the  
Committee.  
 10. Withdrawal  
 
 (a) Any Party may withdraw from 
this Agreement.  The 
withdrawal shall take effect 
upon the expiration of 60 days 
from the date on which written 
notice of withdrawal is 
received by the Director -
General of the WTO.  Any 
Party ma y upon such 
notification request an 
immediate meeting of the 
Committee.  
 GPA/TN1994/4/Rev.9  
 
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 PROPOSED REVISION  CORRESPONDING GPA TEXT  
14. If a Party to the Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to the 
Agreement with effect from the same date.  
  (b) If a Party to this Agreement 
does not become a Member of 
the WTO within one year of the 
date of entry into force of the 
WTO Agreement or ceases to 
be a Member of the WTO, it 
shall cease to be a Party to this 
Agreement with effect from the 
same date.  
 
Non-application of this  Agreement between Particular 
Parties  
 
15. The Agreement shall not apply as between any 
two Parties if either Party, at the time it accepts or accedes 
to the Agreement, does not consent to such application.  
 11. Non-application of this Agreement 
between Particular Parties  
 
 This Agreement shall not apply as 
between any two Parties if either of the Parties, at 
the time either accepts or accedes to this 
Agreement, does not consent to such application.  
 
Appendices  
 
16. The Appendices to the Agreement constitute an 
integral part thereof.  
 12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes to 
this Agreement constitute an integral part 
thereof.  
Secretariat  
 
17. The Agreement shall be serviced by the WTO 
Secretariat.  
 13. Secretariat  
 
 This Agreement shall be serviced by the 
WTO Secretariat.  
Deposit  
 
18. The Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly furnish to 
each Party a certified true copy of the Agreement, of each 
rectification or modification thereto pursuant to paragraph  [ 
] and of each amendment thereto pursuant to 
paragraph  12, and a notification of each accession thereto 
pursuant to paragraph  3 and of each withdrawal therefrom 
pursuant to par agraph  13. 
 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 rectification or 
modification thereto pursuant to paragraph  6 and 
of each amendment thereto pursuant to 
paragraph  9, and a notification of each 
acceptance thereof or accession thereto pursuant 
to paragraphs  1 and 2 and of each withdrawal 
therefrom pursuant to paragraph  10 of this 
Article.  
 
Registration  
 
19. The Agreement shall be registered in accordance 
with the provisions of Article  102 of the Charter of the 
United Nations.  
 15. Registration  
 
 This Agreement shall be registered in 
accordance with the provisions of Article 102 of 
the Charter of the United Nation s. 
Done at [ ] this  [ ] day of [ ] in a single copy in the English, 
French and Spanish languages, each text being authentic, 
except as otherwise specified with respect to the 
Appendices hereto.  Done at Marrakesh this fifteenth day of April one 
thousand nine hundred and ninety -four in a single 
copy, in the English, French and Spanish 
languages, each text being authentic, except as 
otherwise specified with respect to the 
Appendices hereto.  
 
 
 GPA/TN1994/4/Rev.9  
 
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  TABLE LISTING THE PROVISIONS IN THE 1994  AGREEMENT WITH  
THE CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT  
 
 
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Preamble  Preamble  
first line ("Parties to this Agreement ...") first line ("Parties to this Agreement...")  
recital  1 ("Recognizing  the need for an effective ...") recital  1 ("Recognizing  the need for an effective ...") 
recital  2 ("Recognizing  that laws ,...") recital  2 ("Recognizing  that measures ...") 
recital  3 ("Recognizing  that it is desirable ...") recital  6 ("Recognizing  the desirability of ...") 
recital  4 ("Recognizing  the need to establish ...")  
recital  5 ("Recognizing  the need to take ...") recital  5 ("Recognizing  the need to take ...") 
recital  6 ("Desiring , in accordance with ...")  
recital  7 ("Desiring  to encourage ...") recital  9 ("Desiring  to encourage ...") 
recital  8 ("Having undertaken  further negotiations ...") recital  10 ("Having undertaken  further ...") 
last line ("Hereby agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2( a)-(b) and (d) -(e) 
footnote 1, first sentence ("For each Party,...")  Article II: 6 
footnote 1, second sentence (" ... Relevant thresholds  
are specified in ...") Article II: 4 
paragraph 2  Article II:2( a)-(b) 
paragraph 3  Article II: 8 
paragraph 4  Article II:2( c) 
Article II: 4 
Article II  
Valuation of Contracts   
paragraph 1  Article II: 9 chapeau  
footnote 2  Article II:2( c) 
Article II: 4 
Article II: 9 chapeau  
paragraph 2  Article II: 9(b)(i) GPA/TN1994/4/Rev.9  
 
- 69 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article II: 9(a) 
paragraph 4  chapeau  Article II: 10 chapeau  
subparagraph 4(a)  Article II: 10(a) 
subparagraph 4(b)  Article II: 10(b) 
paragraph 5  chapeau  Article II: 11 chapeau  
subparagraph 5(a)  Article II: 11(a) 
subparagraph 5(b)  Article II: 11(b) 
paragraph 5, last sentence  Article II: 11(c) 
paragraph 6  Article II: 9(b)(ii)  
Article III  
National Treatment and Non -discrimination   
paragraph 1  chapeau  Article III:1  chapeau  
subparagraph 1(a)  Article III:1(a)  
subparagraph 1(b)  Article III:1(b)  
paragraph 2 chapeau  Article III:2 chapeau  
subparagraph 2(a)  Article III:2(a)  
subparagraph 2(b)  Article III:2(b)  
paragraph 3  Article III: 7 
Article IV  
Rules of Origin   
paragraph 1  Article III: 5 
paragraph 2  Article XXI:10 
Article V  
Special and Differential Treatmen t 
for Developing Countries   
paragraph 1 chapeau  Article XV:1 
subparagraph 1(a)   
subparagraph 1(b)   GPA/TN1994/4/Rev.9  
 
- 70 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(c)   
subparagraph 1(d)   
paragraph 2  Article XV:2 
Article XV: 2bis 
Article  XV:4 
paragraph 3  Article X V:2 
Article  XV:2bis 
Article XV:4 
paragraph 4  Article XV:3(a) 
paragraph 5  Article XV:8 
paragraph 6  Article XV:3(a) 
Article XV: 8  
paragraph 7  Article XV:13 
paragraph 8  Article XV:11 
paragraph 9  Article XV:11 
paragraph 10  Article XV:11 
paragraph 12  Article XV:2 
Article XV:2bis 
Article XV:4  
paragraph 13  Article XV:11 
paragraph 14  Article XV:13 
paragraph 15  Article XXI:8 
Article VI  
Technical Specifications   
paragraph 1  Article I:( v), 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:( t), definition of standard  GPA/TN1994/4/Rev.9  
 
- 71 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article  VII:7 
paragraph 4  Article VII: 8 
Article VII  
Tendering Procedures   
paragraph 1  Article II: 7 
Article III: 4 
Article  II:4bis 
paragraph 2  Article XIV:2 
paragraph 3 chapeau  Article I:(i), definition of limited tendering  
Article I:(n), definition of open tendering  
Article I:( r), defin ition of selective tendering  
subparagraph 3(a)  Article I:( n), definition of open tendering  
subparagraph 3(b)  Article I:( r), definition of selective tendering  
Article VIII: 6 
subparagraph 3(c)  Article I:( i), definition of limited tendering  
Article X:1  chapeau  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:1  
paragraph (a)  Article VIII :6 
paragraph (b), first sentence  Article VIII:1  
paragraph (b), second and subsequent sentence s Article VIII:2 (a) 
paragraph (c)  Article VIII: 7 
Article VIII: 9 
paragraph  (c), second sentence  Article  I(q), definition of qualified supplier  
paragraph (c), last sentence  Article VIII :13(c) 
paragraph (d)  Article VIII :12 
paragraph (e)  Article VIII :13(c) 
paragraph (f), entire  Article VIII :14 
Article VIII:1 5 
paragraph (f), second sentence  Article VIII: 10(d) 
paragraph (g)  chapeau  Article VIII: 5 chapeau  GPA/TN1994/4/Rev.9  
 
- 72 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph (g)(i)  Article VIII: 5(a) 
subparagraph (g)(ii)  Article VIII: 5(b) 
paragraph (h)  Article VIII:3  
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article V:1(a)  
Article V:1(b)  
paragraph 2  Article V:1(a)  
Article V:1(b)  
paragraph 3  Article V:5  
Article VIII:1 3 chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII: 8 
Article VIII: 13(a)-(b) 
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a)  Article V:2(b)  
Article V:2(c)  
Article V:2(d)  
subparagraph 6(b)  Article V:2(f)  
subparagraph 6(c)  Article V:2(e)  
subparagraph 6(d)  Article V:2(g)  
Article V:2(h)  
subparagraph 6(e)  Article V:2(a)  
subparagraph 6(f)  Article V:2(i)  
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)   
paragraph 7  Article V:4  
paragraph 8 chapeau  Article V:3 chapeau  
subparagraph 8(a)  Article V:3(a)  
subparagraph 8(b)  Article V:3(b)  GPA/TN1994/4/Rev.9  
 
- 73 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 8(c)  Article V:3( c) 
paragraph 9 chapeau  Article VIII: 10 chapeau  
subparagraph 9(a)  Article VIII: 10(a) 
subparagraph 9(b)  Article VIII: 10(b) 
subparagraph 9(c)  Article VIII: 10(d) 
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article VIII :12(a)-(b) 
paragraph 9, final paragraph ("However, when...")  Article VIII :11 
paragraph 10  Article VII: 10 
paragraph 11  Article V:2( k) 
Article VIII: 8(e) 
Article X  
Selection procedures   
paragraph 1  Article VIII: 7 
paragraph 2  Article VIII: 7 
paragraph 3  Article VIII: 7 
Article VIII: 9 
Article VIII:1 3(c) 
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1 
subparagraph 1(b)   
subparagraph 2(a)  Article VI: 3(a) 
subparagraph 2(b)  Article  VI:2 
Article VI: 3(b)  
subparagraph 2(c)  Article VI: 3(b) 
subparagraphs 3(a)(i) -(iv) Article VI: 4(a)(i) -(v) 
subparagraph 3(a), last sentence  ("the 40 -day 
limit...")  Article VI: 4 chapeau  
subparagraph 3(b)  Article VI:4(b)  GPA/TN1994/4/Rev.9  
 
- 74 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 3(c)  Article VI: 4(d) 
subparagraph 3(d)  Article VI: 8 
paragraph 4  Article VII:2  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  
subparagraph 2(a)   
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   
subparagraph 2(e)  Article VII:1( f) 
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( g) 
subparagraph 2(j)  Article VII:1( g) 
subparagraph 2(k)   
paragraph 3  Article VII:3  
Article XIII  
Submission, Receipt and Opening of Tenders and 
Awarding of Contracts   
subparagraph 1(a)  Article XI: 4 
subparagraph 1(b)  Article XI: 3 
paragraph 2  Article XI: 2 
paragraph 3  Article XI:1  
subparagraph 4(a) , first sentence  Article XI: 4 
subparagraph 4(a), second sentence  Article XI: 7 GPA/TN1994/4/Rev.9  
 
- 75 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 4(b)  Article XI: 6 
subparagraph 4(c)  Article XI: 4 
paragraph 5  Article XI: 5 
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  Article XI: 1 
Article XIV:2 
subparagraph 4(a)  Article IX:2(a)  
subparagraph 4(b)  Article VII: 10 
subparagraph 4(c)  Article IX:2(b)  
subparagraph 4(d)  Article IX:2(b)  
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)  GPA/TN1994/4/Rev.9  
 
- 76 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  
paragraph 2  Article X:2  
Article XIII:3(a)-(b) 
Article XVI  
Offsets   
paragraph 1  Article III: 6 
paragraph 2  Article XV:3(b) 
footnote 7  Article I:(m), definition of offsets  
Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XV:12  
Article XX:3 
Article XVIII  
Information and Review as Regards Obligations 
of Entities   
paragraph 1 chapeau  Article XIII:2 chapeau  
subparagraph 1(a)  Article XIII:2(a) 
subparagraph 1(b)  Article XIII:2(b) 
subparagraph 1(c)  Article XIII:2(e) 
subparagraph 1(d)  Article XIII:2(c) 
subparagraph 1(e)  Article XIII:2(d) 
subparagraph 1(f)  Article XIII:2(f) 
subparagraph 1(g)  Article XIII:2(f) 
subparagraph 2(a)   
subparagraph 2(b)  Article VIII:1 4 
Article VIII:15  
subparagraph 2(c)  Article XIII:1 
paragraph 3  Article XIII:1 GPA/TN1994/4/Rev.9  
 
- 77 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 4  Article XIV:2 
Article XIV:3  
Article XIV:4  
Article XIX  
Information and Review as Regards Obligations 
of Parties   
paragraph 1 , first sentence  Article IV (a) 
paragraph 1, second sentence  Article IV(b)  
paragraph 2  Article XI V:1 
paragraph 3  Article X IV:1 
paragraph 4  Article XI V:3 
Article XI V:4 
paragraph 5 chapeau  Article XIII:4 chapeau  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XIII:4(a) 
subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XIII:4(b) 
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XIII:4(a) 
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XIII:4(b) 
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XIII:4(a) 
subparagraph 5(c), second clause ("for categories of 
entities in Annexes 2 a nd 3,...")  Article XIII:4(b) 
subparagraph 5(d), first clause ("for entities in 
Annex  1,...")  Article XIII:4(a) 
subparagraph 5(d), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XIII:4(b) 
paragraph 5, final paragraph ("To the extent that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVIII:2 
paragraph 2  Article XVIII:1 GPA/TN1994/4/Rev.9  
 
- 78 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article XVIII:1 
paragraph 4  Article XIII:3 
paragraph 5  Article XVIII:3 
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVIII:4 
Article XVIII:5 
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVIII:6 chapeau  
subparagraph 6(a)  Article XVIII:6(b) 
subparagraph 6(b)  Article XVIII:6(c) 
subparagraph 6(c)  Article XVIII:6(d) 
subparagraph 6(d)  Article XVIII:6(e) 
subparagraph 6(e)  Article XVIII:6(a) 
subparagraph 6(f)  Article XVIII:6(f) 
subparagraph 6(g)  Article XVIII:6(a) 
paragraph 7 chapeau  Article XVIII:7 chapeau  
subparagraph 7(a)  Article XVIII:7(a) 
subparagraph 7(b)   
subparagraph 7(c)  Article XVIII:7(b) 
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XX:1 
paragraph 2  Article XX:2 
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XIX:3 chapeau  
paragraph 2 , first and second sentences  Article  XIX:2 
paragraph 2, third sentence  Article XIX:1 GPA/TN1994/4/Rev.9  
 
- 79 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article XIX:3(a)-(b) 
Article XIX:4 
paragraph 4   
paragraph 5  Article XIX:3(c) 
paragraph 6   
paragraph 7  Article XIX:3(d)  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article XVI:1 
paragraph 2  Article XVI:2 
Article XVI:3 
Article XXIV  
Final Provisions   
paragraph 1  Article XXI:1 
footnote 8  Article XXI:1 
paragraph 2  Article  XXI:3 
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XXI:2 
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article  XXI:4 
subparagraph 5(a)  Article XXI:5 
subparagraph 5(b)  Article XXI:6 
subparagraph 6(a) , first sentence  Article XVII:1 
Article XVII:2  
subparagraph 6(a) , second sentence  Article XVII:13 
subparagraph 6(a) , third sentence  Article XVII:1 4 and footnote 1  GPA/TN1994/4/Rev.9  
 
- 80 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(a) fourth sentence  Article XVII:3 
Article XVII:4 
subparagraph 6(a) , fifth sentence  Article XVII:5-12 
subparagraph 6(b), first sentence  Article XVII:1  
Article XVII:2  
subparagraph 6(b), second sentence  Article XVII:1 3 
Article XVII:14 and footnote 1  
subparagraph 6(b), third and fourth sentence  Article XVII:5 -12 
subparagraph 7(a)  Article XXI:7 
subparagraph 7(b)  Article XXI:8 
subparagraph 7(c)  Article XXI:9 
paragraph 8  Article II:1  
Article  III:3 
Article XII 
paragraph 9  Article XXI:12 
subparagraph 10(a)  Article XXI:13 
subparagraph 10(b)  Article XXI:14 
paragraph 11  Article XXI:15 
paragraph 12  Article XXI:16 
paragraph 13  Article XXI:17 
paragraph 14  Article XXI:18 
paragraph 15  Article XXI:19 
Closing paragraph   
closing paragraph (" Done at Marrakesh ...")  closing paragraph  ("Done at [ ]...")  
NOTES   
first paragraph ("The terms 'country'  or 'countries'...")  Article I:(d), definition of country or countries  
second paragraph ("In the case of a separate...")  Article I:(d), definition of country or countries  
Article I, paragraph 1   
third paragraph ("Having regard...")  Article XVI:4 (a)-(h) GPA/TN1994/4/Rev.9  
 
- 81 - 
 
 PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
APPENDIX  I, ANNEX  5  
Definition  Article I:(c), definition of construction services 
contract  
 
__________