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