Parties to this Agreement (hereinafter referred to as
“Parties”),
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 laws, regulations, procedures and practices regarding government
procurement should not be prepared, adopted or applied to foreign or
domestic products and services and to foreign or domestic suppliers so
as to afford protection to domestic products or services or domestic
suppliers and should not discriminate among foreign products or
services or among foreign suppliers;
Recognizing that it is desirable to provide transparency of laws, regulations,
procedures and practices regarding government procurement;
Recognizing the need to establish international procedures on notification,
consultation, surveillance and dispute settlement with a view to
ensuring a fair, prompt and effective enforcement of the international
provisions on government procurement and to maintain the balance of
rights and obligations at the highest possible level;
Recognizing the need to take into account the development, financial and trade needs
of developing countries, in particular the least-developed countries;
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
governments not party to it;
Having undertaken further negotiations in pursuance of these objectives;
Hereby
agree as follows:
Article
I: Scope and Coverage back to top
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.(1)
2.
This Agreement applies to procurement by any contractual means,
including through such methods as purchase or as lease, rental or hire
purchase, with or without an option to buy, including any combination
of products and services.
3.
Where entities, in the context of procurement covered under
this Agreement, require enterprises not included in Appendix I to
award contracts in accordance with particular requirements, Article III
shall apply mutatis mutandis
to such requirements.
4.
This Agreement applies to any procurement contract of a value
of not less than the relevant threshold specified in Appendix I.
Article II: Valuation
of Contracts back to top
1.
The following
provisions shall apply in determining the value of contracts(2)
for purposes of implementing
this Agreement.
2.
Valuation shall take into account all forms of remuneration,
including any premiums, fees, commissions and interest receivable.
3.
The selection of the valuation method by the entity shall not
be used, nor shall any procurement requirement be divided, with the
intention of avoiding the application of this Agreement.
4.
If an individual requirement for a procurement results in the
award of more than one contract, or in contracts being awarded in
separate parts, the basis for valuation shall be either:
(a) the actual value of similar recurring contracts concluded over
the previous fiscal year or 12 months adjusted, where possible, for
anticipated changes in quantity and value over the subsequent 12
months; or
(b) the estimated value of recurring contracts in the fiscal year
or 12 months subsequent to the initial contract.
5.
In cases of contracts for the lease, rental or hire purchase of
products or services, or in the case of contracts which do not specify
a total price, the basis for valuation shall be:
(a) in the case of fixed-term contracts, where their term is 12
months or less, the total contract value for their duration, or, where
their term exceeds 12 months, their total value including the
estimated residual value;
(b) in the case of contracts for an indefinite period, the monthly
instalment multiplied by 48.
If there is any doubt, the second basis for valuation, namely (b), is to
be used.
6.
In cases where an
intended procurement specifies the need for option clauses, the basis
for valuation shall be the total value of the maximum permissible
procurement, inclusive of optional purchases.
Article III: National
Treatment and Non-discrimination back to top
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) that accorded to domestic products, services and suppliers; and
(b) that accorded to products, services and suppliers of any other
Party.
2.
With respect to all laws, regulations, procedures and practices
regarding government procurement covered by this Agreement, each Party
shall ensure:
(a) that its entities shall not treat a locally-established
supplier less favourably than another locally-established supplier on
the basis of degree of foreign affiliation or ownership; and
(b) that its entities shall not discriminate against
locally-established suppliers on the basis of the country of
production of the good or service being supplied, provided that the
country of production is a Party to the Agreement in accordance with
the provisions of Article IV.
3.
The provisions of paragraphs 1 and 2 shall not apply to customs
duties and charges of any kind imposed on or in connection with
importation, the method of levying such duties and charges, other
import regulations and formalities, and measures affecting trade in
services other than laws, regulations, procedures and practices
regarding government procurement covered by this Agreement.
Article IV: Rules
of Origin back to top
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.
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.
Article V:
Special
and Differential Treatment for Developing Countries back to top
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:
(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.
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
Agreement, shall endeavour to include entities procuring products and
services of export interest to developing countries.
Agreed Exclusions
4.
A developing country
may negotiate with other participants in negotiations under this
Agreement mutually acceptable exclusions from the rules on national
treatment with respect to certain entities, products or services that
are included in its coverage lists, having regard to the particular
circumstances of each case. In such negotiations, the considerations
mentioned in subparagraphs 1(a) through 1(c) shall be duly taken
into account. A developing country participating in regional or global
arrangements among developing countries referred to in subparagraph 1(d)
may also negotiate exclusions to its lists, having regard to the
particular circumstances of each case, taking into account, inter alia, the provisions on government procurement provided
for in the regional or global arrangements concerned and, in
particular, products or services which may be subject to common
industrial development programmes.
5.
After entry into force of this Agreement, a developing country
Party may modify its coverage lists in accordance with the provisions
for modification of such lists contained in paragraph 6 of
Article XXIV, having regard to its development, financial and
trade needs, or may request the Committee on Government Procurement
(hereinafter referred to as “the Committee”) to grant exclusions
from the rules on national treatment for certain entities, products or
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
to modification of a list shall be accompanied by documentation
relevant to the request or by such information as may be necessary for
consideration of the matter.
6.
Paragraphs 4 and 5 shall apply mutatis
mutandis to developing countries acceding to this Agreement after
its entry into force.
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.
Technical Assistance for
Developing Country Parties
8.
Each developed country Party shall, upon request, provide all
technical assistance which it may deem appropriate to developing
country Parties in resolving their problems in the field of government
procurement.
9.
This assistance, which shall be provided on the basis of
non-discrimination among developing country Parties, shall relate, inter alia,
to:
— the solution of particular technical problems relating to the
award of a specific contract; and
— any other problem which the Party making the request and
another Party agree to deal with in the context of this assistance.
10.
Technical
assistance referred to in paragraphs 8 and 9 would include
translation of qualification documentation and tenders made by
suppliers of developing country Parties into an official language of
the WTO designated by the entity, unless developed country Parties
deem translation to be burdensome, and in that case explanation shall
be given to developing country Parties upon their request addressed
either to the developed country Parties or to their entities.
Information Centres
11.
Developed country Parties shall
establish, individually or jointly, information centres to respond to
reasonable requests from developing country Parties for information
relating to, inter alia, laws, regulations, procedures and practices
regarding government procurement, notices about intended procurements
which have been published, addresses of the entities covered by this
Agreement, and the nature and volume of products or services procured
or to be procured, including available information about future
tenders. The Committee may also set up an information centre.
Special Treatment for Least-Developed Countries
12.
Having regard to paragraph 6
of the Decision of the CONTRACTING PARTIES to GATT 1947 of 28 November 1979
on Differential and More Favourable Treatment, Reciprocity and Fuller
Participation of Developing Countries (BISD 26S/203-205), special
treatment shall be granted to least-developed country Parties and to
the suppliers in those Parties with respect to products or services
originating in those Parties, in the context of any general or
specific measures in favour of developing country Parties. A Party may
also grant the benefits of this Agreement to suppliers in
least-developed countries which are not Parties, with respect to
products or services originating in those countries.
13.
Each
developed country Party shall, upon request, provide assistance which
it may deem appropriate to potential tenderers in least-developed
countries in submitting their tenders and selecting the products or
services which are likely to be of interest to its entities as well as
to suppliers in least-developed countries, and likewise assist them to
comply with technical regulations and standards relating to products
or services which are the subject of the intended procurement.
Review
14.
The
Committee shall review annually the operation and effectiveness of
this Article and, after each three years of its operation on the basis
of reports to be submitted by Parties, shall carry out a major review
in order to evaluate its effects. As part of the three-yearly reviews
and with a view to achieving the maximum implementation of the
provisions of this Agreement, including in particular Article III,
and having regard to the development, financial and trade situation of
the developing countries concerned, the Committee shall examine
whether exclusions provided for in accordance with the provisions of
paragraphs 4 through 6 of this Article shall be modified or
extended.
15.
In
the course of further rounds of negotiations in accordance with the
provisions of paragraph 7 of Article XXIV, each developing
country Party shall give consideration to the possibility of enlarging
its coverage lists, having regard to its economic, financial and trade
situation.
Article VI:
Technical Specifications back to top
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 prepared, adopted or applied with
a view to, or with the effect of, creating unnecessary obstacles to
international trade.
2.
Technical specifications prescribed by procuring entities
shall, where appropriate:
(a) be in terms of performance rather than design or descriptive
characteristics; and
(b) be based on international standards, where such exist;
otherwise, on national technical regulations(3),
recognized national standards(4), or building codes.
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.
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.
Article VII:
Tendering
Procedures back to top
1.
Each Party shall ensure that the tendering procedures of its
entities are applied in a non-discriminatory manner and are consistent
with the provisions contained in Articles VII through XVI.
2.
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.
3.
For the purposes of this Agreement:
(a) Open tendering procedures are those procedures under which all
interested suppliers may submit a tender.
(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.
(c) Limited tendering procedures are those procedures where the
entity contacts suppliers individually, only under the conditions
specified in Article XV.
Article
VIII: Qualification
of Suppliers back to top
In the process of qualifying suppliers, entities shall not
discriminate among suppliers of other Parties or between domestic
suppliers and suppliers of other Parties. Qualification procedures
shall be consistent with the following:
(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;
(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. 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 both of that supplier’s global business activity as well as of
its activity in the territory of the procuring entity, taking due
account of the legal relationship between the supply organizations;
(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;
(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;
(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;
(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;
(g) each Party shall ensure that:
(i) each entity and its constituent parts follow a single
qualification procedure, except in cases of duly substantiated need
for a different procedure; and
(ii) efforts be made to minimize differences in qualification
procedures between entities.
(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.
Article IX:
Invitation to Participate Regarding Intended Procurement back to top
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.
3.
Entities in Annexes 2 and 3 may use a notice of planned
procurement, as provided for in paragraph 7, or a notice
regarding a qualification system, as provided for in paragraph 9,
as an invitation to participate.
4.
Entities which use a notice of planned procurement as an
invitation to participate shall subsequently invite all suppliers who
have expressed an interest to confirm their interest on the basis of
information which shall include at least the information referred to
in paragraph 6.
5.
Entities which use a notice regarding a qualification system as
an invitation to participate shall provide, subject to the
considerations referred to in paragraph 4 of Article XVIII and in
a timely manner, information which allows all those who have expressed
an interest to have a meaningful opportunity to assess their interest
in participating in the procurement. This information shall include
the information contained in the notices referred to in paragraphs 6
and 8, to the extent such information is available. Information
provided to one interested supplier shall be provided in a
non-discriminatory manner to the other interested suppliers.
6.
Each notice of proposed procurement, referred to in paragraph 2,
shall contain the following information:
(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;
(b) whether the procedure is open or selective or will involve
negotiation;
(c) any date for starting delivery or completion of delivery of
goods or services;
(d) the address and final date for submitting an application to be
invited to tender or for qualifying for the suppliers’ lists, or for
receiving tenders, as well as the language or languages in which they
must be submitted;
(e) the address of the entity awarding the contract and providing
any information necessary for obtaining specifications and other
documents;
(f) any economic and technical requirements, financial guarantees
and information required from suppliers;
(g) the amount and terms of payment of any sum payable for the
tender documentation; and
(h) whether the entity is inviting offers for purchase, lease,
rental or hire purchase, or more than one of these methods.
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.
8.
For each case of intended procurement, the entity shall publish
a summary notice in one of the official languages of the WTO. The
notice shall contain at least the following information:
(a) the subject matter of the contract;
(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 contracts
may be requested.
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) 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 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 period of validity of the lists, and the formalities for
their renewal.
When such a notice is used as an invitation to participate in accordance
with paragraph 3, the notice shall, in addition, include the following
information:
(d) the nature of the products or services concerned;
(e) a statement that the notice constitutes an invitation to
participate.
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.
10.
If,
after publication of an invitation to participate in any case of
intended procurement, but before the time set for opening or receipt
of tenders as specified in the notices or the tender documentation, it
becomes necessary to amend or re-issue the notice, the amendment or
the re-issued notice shall be given the same circulation as the
original documents upon which the amendment is based. Any significant
information given to one supplier with respect to a particular
intended procurement shall be given simultaneously to all other
suppliers concerned in adequate time to permit the suppliers to
consider such information and to respond to it.
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.
Article X:
Selection Procedures back to top
1.
To ensure optimum
effective international competition under selective tendering
procedures, entities shall, for each intended procurement, invite
tenders from the maximum number of domestic suppliers and suppliers of
other Parties, consistent with the efficient operation of the
procurement system. They shall select the suppliers to participate in
the procedure in a fair and non-discriminatory manner.
2.
Entities maintaining permanent lists of qualified suppliers may
select suppliers to be invited to tender from among those listed. Any
selection shall allow for equitable opportunities for suppliers on the
lists.
3.
Suppliers requesting to participate in a particular intended
procurement shall be permitted to submit a tender and be considered,
provided, in the case of those not yet qualified, there is sufficient
time to complete the qualification procedure under Articles VIII
and IX. The number of additional suppliers permitted to participate
shall be limited only by the efficient operation of the procurement
system.
4.
Requests to participate in selective tendering procedures may
be submitted by telex, telegram or facsimile.
Article XI:
Time-limits
for Tendering and Delivery back to top
General
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.
(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
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;
(b) in selective procedures not involving the use of a permanent
list of qualified suppliers, the period for submitting an application
to be invited to tender shall not be less than 25 days from the date
of publication referred to in paragraph 1 of Article IX; the
period for receipt of tenders shall in no case be less than 40 days
from the date of issuance of the invitation to tender;
(c) in selective procedures involving the use of a permanent list
of qualified suppliers, the period for receipt of tenders shall not be
less than 40 days from the date of the initial issuance of invitations
to tender, whether or not the date of initial issuance of invitations
to tender coincides with the date of the publication referred to in
paragraph 1 of Article IX.
3.
The periods referred to in paragraph 2 may be reduced in the
circumstances set out below:
(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
(iv) a contact point with the entity from which further information
may be obtained, 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;
(b) in the case of the second or subsequent publications dealing
with contracts of a recurring nature within the meaning of paragraph 6
of Article IX, the 40-day limit for receipt of tenders may be
reduced to not less than 24 days;
(c) where 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
(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.
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.
Article XII:
Tender
Documentation back to top
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.
2.
Tender documentation provided to suppliers shall contain all
information necessary to permit them to submit responsive tenders,
including information required to be published in the notice of
intended procurement, except for paragraph 6(g) of Article IX,
and the following:
(a) the 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;
(e) the persons authorized to be present at the opening of tenders
and the date, time and place of this opening;
(f) any economic and technical requirement, financial guarantees
and information or documents required from suppliers;
(g) a complete description of the products or services required or
of any requirements including technical specifications, conformity
certification to be fulfilled, necessary plans, drawings and
instructional materials;
(h) the criteria for awarding the contract, including any factors
other than price that are to be considered in the evaluation of
tenders and the cost elements to be included in evaluating tender
prices, such as transport, insurance and inspection costs, and in the
case of products or services of other Parties, customs duties and
other import charges, taxes and currency of payment;
(i) the terms of payment;
(j) any other terms or conditions;
(k) in accordance with Article XVII the terms and conditions, if
any, under which tenders from countries not Parties to this Agreement,
but which apply the procedures of that Article, will be entertained.
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.
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