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Agreement on Government Procurement
World Trade Organization
Article XII: Tender Documentation

  1. If, in tendering procedures, an entity allows tenders to be submitted in several languages, one of those languages shall be one of the official languages of the WTO.

  2. Tender documentation provided to suppliers shall contain all information necessary to permit them to submit responsive tenders, including information required to be published in the notice of intended procurement, except for paragraph 6(g) of Article IX, and the following:

    (a) the address of the entity to which tenders should be sent;

    (b) the address where requests for supplementary information should be sent;

    (c) the language or languages in which tenders and tendering documents must be submitted;

    (d) the closing date and time for receipt of tenders and the length of time during which any tender should be open for acceptance;

    (e) the persons authorized to be present at the opening of tenders and the date, time and place of this opening;

    (f) any economic and technical requirement, financial guarantees and information or documents required from suppliers;

    (g) a complete description of the products or services required or of any requirements including technical specifications, conformity certification to be fulfilled, necessary plans, drawings and instructional materials;

    (h) the criteria for awarding the contract, including any factors other than price that are to be considered in the evaluation of tenders and the cost elements to be included in evaluating tender prices, such as transport, insurance and inspection costs, and in the case of products or services of other Parties, customs duties and other import charges, taxes and currency of payment;

    (i) the terms of payment;

    (j) any other terms or conditions;

    (k) in accordance with Article XVII the terms and conditions, if any, under which tenders from countries not Parties to this Agreement, but which apply the procedures of that Article, will be entertained.

    Forwarding of Tender Documentation by the Entities

  3. (a) In open procedures, entities shall forward the tender documentation at the request of any supplier participating in the procedure, and shall reply promptly to any reasonable request for explanations relating thereto.

    (b) In selective procedures, entities shall forward the tender documentation at the request of any supplier requesting to participate, and shall reply promptly to any reasonable request for explanations relating thereto.

    (c) Entities shall reply promptly to any reasonable request for relevant information submitted by a supplier participating in the tendering procedure, on condition that such information does not give that supplier an advantage over its competitors in the procedure for the award of the contract.

Time-limits Opening and awarding
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 Articles:
Preamble
Scope
Valuation of contracts
Non-discrimination
Rules of origin
Developing countries
Technical specifications
Tendering procedures
Qualification suppliers
Invitation
Selection
Time-limits
Tender documentation
Opening and awarding
Negotiation
Limited tendering
Offsets
Transparency
Obligations of entities
Obligation of parties
Challenge
Institutions
Consultations
Exceptions
Final provisions
Notes


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