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Agreement on Government Procurement
World Trade Organization
Article IX: Invitation to Participate Regarding Intended Procurement
- 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.
- The invitation to participate may take the form
of a notice of proposed procurement, as provided for in paragraph
6.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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