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Agreement on Government Procurement
World Trade Organization
Article XVIII: Information and Review as Regards Obligations of Entities
- Entities shall publish a notice in the appropriate
publication listed in Appendix II not later than 72 days after the
award of each contract under Articles XIII through XV. These notices
shall contain:
(a) the nature and quantity of products
or services in the contract award;
(b) the name and address of the entity
awarding the contract;
(c) the date of award;
(d) the name and address of winning
tenderer;
(e) the value of the winning award
or the highest and lowest offer taken into account in the award of
the contract;
(f) where appropriate, means of identifying
the notice issued under paragraph 1 of Article IX or justification
according to Article XV for the use of such procedure; and
(g) the type of procedure used.
- Each entity shall, on request from a supplier
of a Party, promptly provide:
(a) an explanation of its procurement
practices and procedures;
(b) pertinent information concerning
the reasons why the supplier's application to qualify was rejected,
why its existing qualification was brought to an end and why it was
not selected; and
(c) to an unsuccessful tenderer, pertinent
information concerning the reasons why its tender was not selected
and on the characteristics and relative advantages of the tender selected
as well as the name of the winning tenderer.
- Entities shall promptly inform participating
suppliers of decisions on contract awards and, upon request, in writing.
- However, entities may decide that certain information
on the contract award, contained in paragraphs 1 and 2(c), be withheld
where release of such information 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.
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