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Agreement on Government Procurement
World Trade Organization
Article XIV: Negotiation
- A Party may provide for entities to conduct negotiations:
(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) 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.
- Negotiations shall primarily be used to identify the strengths
and weaknesses in tenders.
- 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.
- 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
(d) when negotiations are concluded,
all participants remaining in the negotiations shall be permitted
to submit final tenders in accordance with a common deadline.
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