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Agreement on Government Procurement
World Trade Organization
Article XI: Time-limits for Tendering and Delivery
General
- (a) Any prescribed
time-limit shall be adequate to allow suppliers of other Parties as
well as domestic suppliers to prepare and submit tenders before the
closing of the tendering procedures. In determining any such time-limit,
entities shall, consistent with their own reasonable needs, take into
account such factors as the complexity of the intended procurement,
the extent of subcontracting anticipated and the normal time for transmitting
tenders by mail from foreign as well as domestic points.
(b) Each Party shall ensure that its
entities shall take due account of publication delays when setting
the final date for receipt of tenders or of applications to be invited
to tender.
Deadlines
- Except in so far as provided in paragraph 3,
(a) in open procedures, the period
for the receipt of tenders shall not be less than 40 days from the
date of publication referred to in paragraph 1 of Article IX;
(b) in selective procedures not involving
the use of a permanent list of qualified suppliers, the period for
submitting an application to be invited to tender shall not be less
than 25 days from the date of publication referred to in paragraph
1 of Article IX; the period for receipt of tenders shall in no case
be less than 40 days from the date of issuance of the invitation to
tender;
(c) in selective procedures involving
the use of a permanent list of qualified suppliers, the period for
receipt of tenders shall not be less than 40 days from the date of
the initial issuance of invitations to tender, whether or not the
date of initial issuance of invitations to tender coincides with the
date of the publication referred to in paragraph 1 of Article IX.
- The periods referred to in paragraph 2 may be
reduced in the circumstances set out below:
(a) if a separate notice has been
published 40 days and not more than 12 months in advance and the notice
contains at least:
(i) as much of the information referred
to in paragraph 6 of Article IX as is available;
(ii) the information referred to in
paragraph 8 of Article IX;
(iii) a statement that interested
suppliers should express their interest in the procurement to the
entity; and
(iv) a contact point with the entity
from which further information may be obtained,
the 40-day limit for receipt of tenders may be replaced by a period
sufficiently long to enable responsive tendering, which, as a general
rule, shall not be less than 24 days, but in any case not less than
10 days;
(b) in the case of the second or subsequent
publications dealing with contracts of a recurring nature within the
meaning of paragraph 6 of Article IX, the 40-day limit for receipt
of tenders may be reduced to not less than 24 days;
(c) where a state of urgency duly
substantiated by the entity renders impracticable the periods in question,
the periods specified in paragraph 2 may be reduced but shall in no
case be less than 10 days from the date of the publication referred
to in paragraph 1 of Article IX; or
(d) the period referred to in paragraph
2(c) may, for procurements by entities listed in Annexes 2 and 3,
be fixed by mutual agreement between the entity and the selected suppliers.
In the absence of agreement, the entity may fix periods which shall
be sufficiently long to enable responsive tendering and shall in any
case not be less than 10 days.
- Consistent with the entity's own reasonable needs,
any delivery date shall take into account such factors as the complexity
of the intended procurement, the extent of subcontracting anticipated
and the realistic time required for production, de-stocking and transport
of goods from the points of supply or for supply of services.
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