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Agreement on Government Procurement
World Trade Organization
Article XIX: Information and Review as Regards Obligations of Parties
- 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 publications
listed in Appendix IV and in such a manner as to enable other Parties
and suppliers to become acquainted with them. Each Party shall be prepared,
upon request, to explain to any other Party its government procurement
procedures.
- 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 fairly 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 agreement of the
Party which gave the information to the government of the unsuccessful
tenderer.
- Available information concerning procurement by
covered entities and their individual contract awards shall be provided,
upon request, to any other Party.
- Confidential information provided to any Party
which 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 shall not be revealed without formal authorization
from the party providing the information.
- 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 entities covered under this Agreement:
(a) for entities in Annex 1, statistics
on the estimated value of contracts awarded, both above and below the
threshold value, on a global basis and broken down by entities; for
entities in Annexes 2 and 3, statistics on the estimated value of contracts
awarded above the threshold value on a global basis and broken down
by categories of 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 classification systems; 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 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; 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 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; for categories of entities in Annexes 2 and 3, statistics on
the total value of contracts awarded under derogations to the Agreement
contained in the relevant Annexes.
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 information to be provided and the breakdowns
and classifications to be used.
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