Common use of Limited Tendering Procedures Clause in Contracts

Limited Tendering Procedures. 1. An entity of a Party may, in the circumstances and subject to the conditions set out in paragraph 2, use limited tendering procedures and thus derogate from Articles 1008 through 1015, provided that such limited tendering procedures are not used with a view to avoiding maximum possible competition or in a manner that would constitute a means of discrimination between suppliers of the other Parties or protection of domestic suppliers. 2. An entity may use limited tendering procedures in the following circumstances and subject to the following conditions, as applicable: (a) in the absence of tenders in response to an open or selective call for tenders, or where the tenders submitted either have resulted from collusion or do not conform to the essential requirements of the tender documentation, or where the tenders submitted come from suppliers that do not comply with the conditions for participation provided for in accordance with this Chapter, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded; (b) where, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of open or selective tendering procedures; (d) for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter; (e) where an entity procures a prototype or a first good or service that is developed at its request in the course of and for a particular contract for research, experiment, study or original development. Where such contracts have been fulfilled, subsequent procurement of goods or services shall be subject to Articles 1008 through 1015. Original development of a first good may include limited production in order to incorporate the results of field testing and to demonstrate that the good is suitable for production in quantity to acceptable quality standards, but does not include quantity production to establish commercial viability or to recover research and development costs; (f) for goods purchased on a commodity market; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as unusual disposals by enterprises that are not normally suppliers or disposal of assets of businesses in liquidation or receivership, but not routine purchases from regular suppliers; (h) for a contract to be awarded to the winner of an architectural design contest, on condition that the contest is (i) organized in a manner consistent with the principles of this Chapter, including regarding publication of an invitation to suitably qualified suppliers to participate in the contest,

Limited Tendering Procedures. 1. An A procuring entity shall award contracts by means of a Party mayopen tendering procedures, in the circumstances and subject to the conditions set out in paragraph 2, use limited tendering procedures and thus derogate from Articles 1008 through 1015, provided that such limited tendering procedures are not used with course of which any interested supplier may submit a view to avoiding maximum possible competition or in a manner that would constitute a means of discrimination between suppliers of the other Parties or protection of domestic supplierstender. 2. An Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, a procuring entity may use limited award contracts by means other than open tendering procedures in the following circumstances and subject to the following conditionscircumstances, as where applicable: (a) when no tenders were submitted in response to a prior notice or invitation to participate, or in the absence of tenders in response to an open or selective call for tenders, or where the tenders submitted either have resulted from collusion or do not that conform to the essential requirements of in the tender documentationdocumentation provided in a prior invitation to tender, or where the tenders submitted come from suppliers that do not comply with the including any conditions for participation provided for in accordance with this Chapterparticipation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded;awarded; (b) wherewhen, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, such as patents or copyrights, or proprietary information information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;exists; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the procuring entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) when a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to the principles and procedures laid down in this Chapter; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent (50%) of the amount of the initial contract; (g) for new construction services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded following an open procurement method, and for which the procuring entity has indicated in the notice of intended procurement concerning the initial service, that a limited procurement method might be used in awarding contracts for such new services; (h) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the procuring entity, or selective tendering procedures;the procuring entity's program responsibilities or the Party; (d) for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter; (e) where an entity procures a prototype or a first good or service that is developed at its request in the course of and for a particular contract for research, experiment, study or original development. Where such contracts have been fulfilled, subsequent procurement of goods or services shall be subject to Articles 1008 through 1015. Original development of a first good may include limited production in order to incorporate the results of field testing and to demonstrate that the good is suitable for production in quantity to acceptable quality standards, but does not include quantity production to establish commercial viability or to recover research and development costs; (f) for goods purchased on a commodity market; (gi) for purchases made under exceptionally advantageous conditions that which only arise in the very short term, term in the case of unusual disposals such as unusual disposals by enterprises that are those arising from liquidation, receivership or bankruptcy and not normally suppliers or disposal of assets of businesses in liquidation or receivership, but not for routine purchases from regular suppliers;suppliers; or (hj) for in the case of a contract to be awarded to the a winner of an architectural a design contest, on condition that the contest isprovided that: (i) the contest has been organized in a manner that is consistent with the principles of this Chapter, including regarding notably as regards the publication of a notice of intended procurement; and (ii) the participants are judged by an invitation independent jury with a view to suitably qualified suppliers a design contract being awarded to participate a winner. 3. A procuring entity shall maintain a record or prepare a written report on the contract awarded under these provisions, containing the name of the procuring entity, the value and kind of goods or services procured, and the specific justifications for use of tender procedures other than open tendering procedures, as provided in the contest,paragraph 2.

Limited Tendering Procedures. 1. An A procuring entity shall award contracts by means of a Party mayopen tendering procedures, in the circumstances and subject to course of which any interested supplier may submit a tender. 2. Provided that the conditions set out in paragraph 2, use limited tendering procedures and thus derogate from Articles 1008 through 1015, provided that such limited tendering procedures are procedure is not used with a view to avoiding maximum possible avoid competition or in a manner that would constitute a means of discrimination between suppliers of the other Parties or protection of to protect domestic suppliers. 2. An , a procuring entity may use limited award contracts by means other than open tendering procedures in the following circumstances and subject to the following conditionscircumstances, as where applicable: : (a) when no tenders were submitted in response to a prior notice or invitation to participate, or in the absence of tenders in response to an open or selective call for tenders, or where the tenders submitted either have resulted from collusion or do not that conform to the essential requirements of in the tender documentationdocumentation provided in a prior invitation to tender, or where the tenders submitted come from suppliers that do not comply with the including any conditions for participation provided for in accordance with this Chapterparticipation, on condition that the requirements of the initial procurement are not substantially modified in the substantiallymodified inthe contract as awarded; awarded; (b) wherewhen, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, such as patents or copyrights, or proprietary information information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; substituteexists; (c) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of open or selective tendering procedures; (d) for additional deliveries by the original supplier that are intended either as replacement parts parts, extensions, or continuing services for existing suppliesequipment, services or installations, or as the extension of existing suppliessoftware, services or installations, where a change of supplier would compel the procuring entity to procure equipment goods or services not meeting requirements of interchangeability with already existing equipment or equipment, software, services, including software to the extent that the initial procurement of the software was covered by this Chapter; or installations; (d) forgoodspurchased ona commoditymarket; (e) where an when a procuring entity procures a prototype or a first good or service that is developed at its request in the course of of, and for for, a particular contract for research, experiment, study or original development. Where When such contracts have been fulfilled, subsequent procurement procurements of goods or suchgoodsor services shall be subject to Articles 1008 through 1015. Original development of a first good may include limited production in order to incorporate the results of field testing principles and to demonstrate that the good is suitable for production in quantity to acceptable quality standards, but does not include quantity production to establish commercial viability or to recover research and development costs; procedures laid down inthis Chapter; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for goods purchased on a commodity market; additional construction services may not exceed 50 per cent (50%)ofthe amount ofthe initialcontract; (g) fornewconstructionservicesconsisting ofthe repetitionof similar services whichconformto a basic project for which an initial contract was awarded following an open procurement method, and for which the procuring entity has indicated in the notice of intended procurement concerning the initial service, that a limited procurement method might be used in awarding contracts for such new services; (h) in so far as is strictly necessary where, for reasons of extreme urgency brought about byevents unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the procuring entity, or the procuring entity's programresponsibilities or the Party; (i) for purchases made under exceptionally advantageous conditions that which only arise in the very short term, term in the case of unusual disposals such as unusual disposals by enterprises that are those arising from liquidation, receivership or bankruptcy and not normally suppliers or disposal of assets of businesses in liquidation or receivership, but not for routine purchases from regular suppliers; fromregular suppliers;or (hj) for in the case of a contract to be awarded to the a winner of an architectural a design contest, on condition that the contest is provided that: (i) the contest has been organized in a manner that is consistent with the principles of this Chapter, including regarding notably as regards the publication of a notice of intended procurement; and (ii) the participants are judged by an invitation independent jury with a view to suitably qualified a design contract being awarded to a winner. 3. A procuring entity shall maintain a record or prepare a written report on the contract awarded under these provisions, containing the name of the procuring entity, the value and kind of goods or services procured, and the specific justifications for use of tender procedures other thanopentendering procedures, as provided inparagraph2. The tender evaluationprocess shallbe fair and nondiscriminatory, and shall have a mechanism to eliminate any potential conflict of interest between persons administering the process and suppliers to participate participating in the contest,process.

Limited Tendering Procedures. 1. An A procuring entity shall award contracts by means of a Party mayopen tendering procedures, in the circumstances and subject to course of which any interested supplier may submit a tender. 2. Provided that the conditions set out in paragraph 2, use limited tendering procedures and thus derogate from Articles 1008 through 1015, provided that such limited tendering procedures are procedure is not used with a view to avoiding maximum possible avoid competition or in a manner that would constitute a means of discrimination between suppliers of the other Parties or protection of to protect domestic suppliers. 2. An , a procuring entity may use limited award contracts by means other than open tendering procedures in the following circumstances and subject to the following conditionscircumstances, as where applicable: : (a) when no tenders were submitted in response to a prior notice or invitation to participate, or in the absence of tenders in response to an open or selective call for tenders, or where the tenders submitted either have resulted from collusion or do not that conform to the essential requirements of in the tender documentationdocumentation provided in a prior invitation to tender, or where the tenders submitted come from suppliers that do not comply with the including any conditions for participation provided for in accordance with this Chapterparticipation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded; ; (b) wherewhen, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, such as patents or copyrights, or proprietary information information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; ; (c) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of open or selective tendering procedures; (d) for additional deliveries by the original supplier that are intended either as replacement parts parts, extensions, or continuing services for existing suppliesequipment, services or installations, or as the extension of existing suppliessoftware, services or installations, where a change of supplier would compel the procuring entity to procure equipment goods or services not meeting requirements of interchangeability with already existing equipment or equipment, software, services, including software to the extent that the initial procurement of the software was covered by this Chapter; or installations; (d) for goods purchased on a commodity market; (e) where an when a procuring entity procures a prototype or a first good or service that is developed at its request in the course of of, and for for, a particular contract for research, experiment, study or original development. Where When such contracts have been fulfilled, subsequent procurement procurements of such goods or services shall be subject to Articles 1008 through 1015. Original development of a first good may include limited production the principles and procedures laid down in order to incorporate the results of field testing and to demonstrate that the good is suitable for production in quantity to acceptable quality standards, but does not include quantity production to establish commercial viability or to recover research and development costs; this Chapter; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for goods purchased on a commodity market; additional construction services may not exceed 50% of the amount of the initial contract; (g) for purchases made new construction services consisting 3. A procuring entity shall maintain records or prepare a written report on the contract awarded under exceptionally advantageous conditions that only arise these provisions, containing the name of the procuring entity, the value and kind of goods or services procured, and the specific justifications for use of tender procedures other than open tendering procedures, as provided in paragraph 2. The tender evaluation process shall be fair and non-discriminatory, and shall have a mechanism to eliminate any potential conflict of interest between public officials administering the process and suppliers participating in the very short termprocess. 1. Subject to Article 8.22 (Non-Disclosure of Information), such as unusual disposals by enterprises that are not normally a procuring entity shall promptly inform suppliers or disposal of assets of businesses in liquidation or receivership, but not routine purchases from regular suppliers; (h) for a contract to be awarded to the winner of an architectural design contest, on condition that the contest is (i) organized participating in a manner consistent with tendering procedure of its contract award decision. The award notice should include at least the principles following information: (a) the name of this Chapter, including regarding publication the procuring entity; (b) a description of an invitation to suitably qualified suppliers to participate in the contest,goods or services procured ; (c) the name of the winning supplier;

Limited Tendering Procedures. 1. An A procuring entity shall award contracts by means of a Party mayopen tendering procedures, in the circumstances and subject to the conditions set out in paragraph 2, use limited tendering procedures and thus derogate from Articles 1008 through 1015, provided that such limited tendering procedures are not used with course of which any interested supplier may submit a view to avoiding maximum possible competition or in a manner that would constitute a means of discrimination between suppliers of the other Parties or protection of domestic supplierstender. 2. An Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, a procuring entity may use limited award contracts by means other than open tendering procedures in the following circumstances and subject to the following conditionscircumstances, as where applicable: (a) when no tenders were submitted in response to a prior notice or invitation to participate, or in the absence of tenders in response to an open or selective call for tenders, or where the tenders submitted either have resulted from collusion or do not that conform to the essential requirements of in the tender documentationdocumentation provided in a prior invitation to tender, or where the tenders submitted come from suppliers that do not comply with the including any conditions for participation provided for in accordance with this Chapterparticipation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded; (b) wherewhen, for works of art, or for reasons connected with the protection of patents, copyrights or other exclusive rights, such as patents or copyrights, or proprietary information information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the procuring entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) when a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to the principles and procedures laid down in this Chapter; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50% of the amount of the initial contract; (g) for new construction services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded following an open procurement method, and for which the procuring entity has indicated in the notice of intended procurement concerning the initial service, that a limited procurement method might be used in awarding contracts for such new services; (h) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the procuring entity, or selective tendering proceduresthe procuring entity’s program responsibilities or the Party ; (d) for additional deliveries by the original supplier that are intended either as replacement parts or continuing services for existing supplies, services or installations, or as the extension of existing supplies, services or installations, where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services, including software to the extent that the initial procurement of the software was covered by this Chapter; (e) where an entity procures a prototype or a first good or service that is developed at its request in the course of and for a particular contract for research, experiment, study or original development. Where such contracts have been fulfilled, subsequent procurement of goods or services shall be subject to Articles 1008 through 1015. Original development of a first good may include limited production in order to incorporate the results of field testing and to demonstrate that the good is suitable for production in quantity to acceptable quality standards, but does not include quantity production to establish commercial viability or to recover research and development costs; (f) for goods purchased on a commodity market; (gi) for purchases made under exceptionally advantageous conditions that which only arise in the very short term, term in the case of unusual disposals such as unusual disposals by enterprises that are those arising from liquidation, receivership or bankruptcy and not normally suppliers or disposal of assets of businesses in liquidation or receivership, but not for routine purchases from regular suppliers;; or (hj) for in the case of a contract to be awarded to the a winner of an architectural a design contest, on condition that provided that: i. the contest is (i) has been organized in a manner that is consistent with the principles of this Chapter; and ii. the participants are judged by an independent jury with a view to a design contract being awarded to a winner. 3. A procuring entity shall maintain records or prepare a written report on the contract awarded under these provisions, including regarding publication containing the name of an invitation to suitably qualified suppliers to participate the procuring entity, the value and kind of goods or services procured, and the specific justifications for use of tender procedures other than open tendering procedures, as provided in the contest,paragraph 2.