Agreement on Government Procurement
World Trade Organization
Article XX: Challenge Procedures

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.
   
   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.
   
   
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.
   
   
5. The interested supplier may be required to initiate a challenge procedure and notify the procuring entity within specified time-limits from the time when the basis of the complaint is known or reasonably should have been known, but in no case within a period of less than 10 days.
   
   
6. Challenges shall be heard by a court or by an impartial and independent review body with no interest in the outcome of the procurement and the members of which are secure from external influence during the term of appointment. A review body which is not a court shall either be subject to judicial review or shall have procedures which provide that:
   
   (a) participants can be heard before an opinion is given or a decision is reached;
   
   (b) participants can be represented and accompanied;
   
   (c) participants shall have access to all proceedings;
   
   (d) proceedings can take place in public;
   
   (e) opinions or decisions are given in writing with a statement describing the basis for the opinions or decisions;
   
   (f) witnesses can be presented;
   
   (g) documents are disclosed to the review body.
   
   
7. Challenge procedures shall provide for:
   
   (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;
   
   (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

Obligation of parties

Institutions