Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement. For the purposes of this Chapter, “covered procurement” means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities); and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including purchase, lease, rental or hire purchase, with or without an option to buy; (c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities); (d) that is conducted by a procuring entity; and (e) subject to the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes). 2. This Chapter does not apply to: (a) non-contractual agreements or any form of assistance that a Party, including a government enterprise, provides, including co-operative agreements, grants, loans, subsidies, equity infusions, guarantees, and fiscal incentives; (b) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt1, including loans and government bonds, notes and other securities; (c) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter; (d) contracts awarded pursuant to: (i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or (ii) an international agreement relating to the stationing of troops; (e) public employment contracts and related employment measures; or (f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon. 3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall: (a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter; (b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and (c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration. 1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management. 4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter. 5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Scope and Coverage. Application of this Chapter
1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “‘covered procurement” ’ means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)III; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including including: purchase, ; lease, ; and rental or hire purchase, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, value equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities)III, at the time of publication of a notice in accordance with Article 124;
(d) that is conducted by a procuring entity; and
(e) subject to the conditions specified that is not otherwise excluded from coverage in paragraph 3 of this Article or in Annex XIII (Covered Entities) and XIV (General Notes)III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8.
23. This Except where provided otherwise in Annex III, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
34. In estimating Annex III specifies for each Party the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shallfollowing information:
(a) neither divide a in Part 1, the central government entities whose procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of is covered by this Chapter;
(b) take into account in Part 2, the sub-central government entities whose procurement is covered by this Chapter;
(c) in Part 3, all forms of remunerationother entities whose procurement is covered by this Chapter;
(d) in Part 4, including any premiumsthe goods covered by this Chapter;
(e) in Part 5, fees, commissions, interestthe services, other revenue streams that may be provided for under the contract andthan construction services, where the procurement provides for the possibility of option clausescovered by this Chapter;
(f) in Part 6, the total maximum value of the procurement, inclusive of optional purchasesconstruction services covered by this Chapter; and
(cg) where the procurement is to be conducted in multiple partsPart 7, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapterany General Notes.
5. Nothing Where a procuring entity, in this Chapter the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapterapply mutatis mutandis to such requirements.
Appears in 4 contracts
Samples: Enhanced Partnership and Cooperation Agreement, Enhanced Partnership and Cooperation Agreement, Enhanced Partnership and Cooperation Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement. For the purposes of this Chapter, “"covered procurement” " means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Appendices to Annex XIII XVII (Covered EntitiesGovernment Procurement); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchase, with or without an option to buybuy and public works concessions;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, the rules specified in Appendix 9 to Annex XVII (Government Procurement) equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII XVII (Covered EntitiesGovernment Procurement) at the time of publication of a notice in accordance with Article 6.10 (Notices);
(d) that is conducted by a procuring entity; and
(e) subject which is not otherwise excluded pursuant to the conditions specified in paragraph 2 or Annex XIII XVII (Covered Entities) and XIV (General NotesGovernment Procurement).
2. This Chapter does shall not apply to:
(a) acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or institutions or
(d) services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
; (c) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;13)
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shallconducted:
(ai) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the specific purpose of avoiding the application of this Chapterproviding international assistance, including development aid;
(bii) take into account all forms under a particular procedure or condition of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.an agreement relating to:
Appears in 3 contracts
Samples: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement. For the purposes of this Chapter, “covered procurement” procurement means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)Sub-Annexes of Appendix I of ANNEX 1 to this Agreement; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, and rental or hire purchase, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, value equals or exceeds the relevant threshold specified in Appendices each Party's Sub-Annexes of Appendix I of ANNEX 1 to 3 to Annex XIII (Covered Entities)this Agreement, at the time of publication of a notice in accordance with Article 45;
(d) that is conducted by a procuring entity; and
(e) subject to the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes)that is not otherwise excluded from coverage.
2. This Except where provided, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository depositary services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project;
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter.
3. Each Party shall define and specify the following information in its Sub-Annexes of Appendix I of ANNEX 1 to this Agreement:
(a) In Sub-Annex 1, the central government entities whose procurement is covered by this Chapter;
(b) In Sub-Annex 2, all other entities whose procurement is covered by this Chapter;
(c) In Sub-Annex 3, the services, other than construction services, covered by this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for In Sub-Annex 4, the joint implementation or exploitation of a project construction services covered by the contracting parties; or
(ii) an international agreement relating to the stationing of troopsthis Chapter;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of landIn Sub-Annex 5, existing buildings, or other immovable property or the rights thereonany General Notes.
34. Where a procuring entity, in the context of covered procurement, requires persons not covered under a Party's Sub-Annexes of Appendix I of ANNEX 1 to this Agreement to procure in accordance with particular requirements, Article 43 shall apply mutatis mutandis to such requirements.
5. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) shall neither divide a procurement into separate procurements, procurements nor select or use a particular valuation method for estimating the value of a procurement for with the purpose intention of avoiding totally or partially excluding it from the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
56. Nothing in this Chapter shall be construed to prevent a any Party from developing new taking any action or not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement policiesof arms, procedures ammunition or contractual meanswar materials, provided or to procurement indispensable for national security or for national defence purposes.
7. Subject to the requirement that they such measures are consistent not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent any Party from imposing or enforcing measures:
(a) necessary to protect public morals, order or safety;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to protect intellectual property; or
(d) relating to goods or services of persons with this Chapterdisabilities, philanthropic institutions or prison labour.
Appears in 2 contracts
Samples: Partnership and Cooperation Agreement, Partnership Agreement
Scope and Coverage. Application of Agreement
1. This Chapter Agreement applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this ChapterAgreement, “covered procurement” procurement means procurement for governmental purposes:
(a) a. of goods, services, or any combination thereof:
(i) i. as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)’s annexes to Appendix I; and
(ii) . not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) b. by any contractual means, including including: purchase, ; lease, ; and rental or hire purchase, with or without an option to buy;
(c) c. for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate6 through 8, equals or exceeds the relevant threshold specified in Appendices 1 a Party’s annexes to 3 to Annex XIII (Covered Entities)Appendix I, at the time of publication of a notice in accordance with Article VII;
(d) that is conducted d. by a procuring entity; and
(e) subject e. that is not otherwise excluded from coverage in paragraph 3 or a Party’s annexes to the conditions specified Appendix I.
3. Except where provided otherwise in Annex XIII (Covered Entities) and XIV (General Notes).
2. This Chapter a Party’s annexes to Appendix I, this Agreement does not apply to:
(a) a. the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
b. non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(b) c. the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(c) d. public employment contracts;
e. procurement conducted:
i. for the specific purpose of providing international assistance, including development aid;
ii. under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
iii. under the particular procedure or condition of an international organization, or funded by international grants, loans, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt managementAgreement.
4. Where Each Party shall specify the total estimated maximum value of a procurement over following information in its entire duration is not knownannexes to Appendix I:
a. in Annex 1, the central government entities whose procurement shall be is covered by this ChapterAgreement;
b. in Annex 2, the sub-central government entities whose procurement is covered by this Agreement;
c. in Annex 3, all other entities whose procurement is covered by this Agreement;
d. in Annex 4, the goods covered by this Agreement;
e. in Annex 5, the services, other than construction services, covered by this Agreement;
f. in Annex 6, the construction services covered by this Agreement; and
g. in Annex 7, any General Notes.
5. Nothing Where a procuring entity, in this Chapter the context of covered procurement, requires persons not covered under a Party’s annexes to Appendix I to procure in accordance with particular requirements, Article IV shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapterapply mutatis mutandis to such requirements.
Appears in 2 contracts
Samples: Government Procurement Agreement, Government Procurement Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “"covered procurement” " means procurement for governmental purposesgovernment procurement:
(a) of goods, services, or any combination thereof:
(i) , as specified in each Party's specific commitments set out in Annex XIII Annexes 9-A (Covered EntitiesCoverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchaseand rental, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 6 and 4, as appropriate7, equals or exceeds the relevant threshold specified in Appendices 1 each Party's Annex to 3 to Annex XIII this Chapter, at the time of publication of a notice in accordance with Article 9.6 (Covered EntitiesNotices);; and
(d) that is conducted not otherwise excluded from coverage in paragraph 3, or each Party's Annex to this Chapter, or by a procuring entity; and
(e) subject to the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes)effect of any other relevant parts of this Agreement.
23. This Except where provided otherwise in each Party's Annex to this Chapter, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterpriseits procuring entities, provides, including co-operative cooperative agreements, grants, subsidies, loans, subsidies, equity infusions, guarantees, and fiscal incentives, and contributions in kind;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts; and
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international organisation or funded by international or foreign grants, loans, loans or other assistance where the applicable procedure recipient Party, including its procuring entities, is bound to apply particular procedures or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an conditions imposed by the international agreement and intended organisation or other donors for the joint implementation benefit of their international or exploitation foreign grants, loans or other assistance. Where the procedures or conditions of a project by the contracting partiesinternational organisation or donor do not restrict the participation of suppliers, the procurement shall be subject to paragraphs 1 and 2 of Article 9.4 (General Principles); or
(iiiii) under the particular procedure or condition of an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) troops or relating to the acquisition or rental joint implementation by the signatory countries of land, existing buildings, or other immovable property or the rights thereona project.
34. In estimating the value Annex 9-A (Coverage of a procurement Government Procurement for the purpose Union) and Annex 9-B (Coverage of ascertaining whether it is a covered procurement, a procuring entity shallGovernment Procurement for Viet Nam) specify in its Sections for each Party the following information:
(a) neither divide a in Section A, the central government entities whose procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of is covered by this Chapter;
(b) take into account all forms of remunerationin Section B, including any premiums, fees, commissions, interestthe sub-central government entities whose procurement is covered by this Chapter;
(c) in Section C, other revenue streams that may be provided for under the contract and, where the entities whose procurement provides for the possibility of option clausesis covered by this Chapter;
(d) in Section D, the total maximum value of goods covered by this Chapter;
(e) in Section E, the procurementservices, inclusive of optional purchasesother than construction services, covered by this Chapter;
(f) in Section F, the construction services covered by this Chapter;
(g) in Section G, any general notes; and
(ch) where in Section H, the means for publishing the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapterinformation.
5. Nothing in Transitional measures for the application of this Chapter shall prevent are set out in Section I (Transitional Measures) of Annex 9-B (Coverage of Government Procurement for Viet Nam).
6. If the domestic legislation of a Party from developing new allows a covered procurement policiesto be carried out on behalf of the procuring entity by other entities or persons whose procurement is not covered with respect to the goods and services concerned, procedures or contractual means, provided that they are consistent with the provisions of this ChapterChapter equally apply.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement. For the purposes of this Chapter, “covered procurement” means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Appendices to Annex XIII (Covered Entities)XX; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchase, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriatethe rules specified in Appendix 9 of Annex XX, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities)XX at the time of publication of a notice in accordance with Article 7.10;
(d) that is conducted by a procuring entity; and
(e) subject to the conditions specified that is not otherwise excluded from coverage in paragraph 2 or in Annex XIII (Covered Entities) and XIV (General Notes)XX.
2. This Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) for purchases made under exceptionally advantageous conditions that only arise in the acquisition or rental very short term in the case of landunusual disposals such as those arising from liquidation, existing buildingsreceivership, or other immovable property or the rights thereonbankruptcy, but not for routine purchases from regular suppliers.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a law, regulation, procedure or practice regarding any procurement by entities covered by this Chapter subject to the conditions specified by each Party regarding covered procurementin its respective Annexes.
2. For the purposes of this Chapter, “covered procurement” means This Chapter applies to procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, through such methods as purchase or as lease, rental or hire purchase, with or without an option to buy;, of goods or services (including construction services), or any combination of goods and services.
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, equals or exceeds 3. This Chapter applies to any procurement contract of a value of not less than the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities);8A.
(d) that is conducted by a procuring entity; and
(e) subject to the conditions specified 4. All entities, goods and services not listed in Annex XIII (Covered Entities) and XIV (General Notes)8A are not covered under this Chapter.
25. This No entity may prepare, design, assign or otherwise structure or divide, at any stage of the procurement, any procurement in order to avoid the obligations of this Chapter.
6. Except where provided otherwise in a Party's Annex 8A, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;Agreement; and
(df) contracts awarded pursuant to:
(i) an international agreement to all government procurement in goods, services and intended construction that will be executed in or for the joint implementation or exploitation benefits of a project by the contracting parties; ortwo Holy Cities of Makkah and Medina in the Kingdom of Saudi Arabia.
(ii) an international agreement relating to the stationing 7. The provisions of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or this Chapter do not affect the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be and obligations provided for under the contract andin Chapter 2 (Trade in Goods), where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
and Chapter 5 (c) where the procurement is to be conducted Trade in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire durationServices).
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Scope and Coverage. Application of Chapter
1. This Chapter applies to any measure of a Party regarding covered procurement.
2. For the purposes purpose of this Chapter, “"covered procurement” " means a procurement for governmental purposes:
(a) purposes of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(ba) by any contractual means, including purchase, lease, rental or hire purchase, with or without an option to buy;
(cb) for which the value, as estimated in accordance with paragraphs 3 4 and 4, 5 as appropriate, equals or exceeds the relevant threshold specified in Appendices 1 to through 3 to Annex XIII XIX (Covered Entities);
(dc) that is conducted by a procuring entity; and
(ed) subject to the conditions specified in Annex XIII Annexes XIX (Covered Entities) and XIV XX (General Notes).
23. This Chapter does not apply to:
(a) non-contractual agreements or any form of assistance that a Party, including a government enterprise, provides, including co-operative agreements, grants, loans, subsidies, equity infusions, guarantees, and fiscal incentives;
(b) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt1debt (17), including loans and government bonds, notes and other securities;
(c) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or;
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; orand
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.thereon Valuation
34. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, procurements nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of on the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
45. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
56. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Scope and Coverage. Scope of Application
1. This Chapter applies to any measure of a Party regarding adopted by the Parties relating to covered procurement.
2. For the purposes of this Chapter, “covered procurement” means procurement for governmental purposes:
(a) is defined as the procurement of goods, services, or any combination thereof, as specified by each Party in Annex I:
(ia) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities); and
(ii) that is not procured with a view to intended for commercial sale or resale, or for use as an input in the production or supply of goods or services for commercial sale or resalethe same purpose;
(b) by any contractual means, including purchase, lease, rental or hire purchase, The Company's financial statements are prepared in accordance with or without an option to buythe provisions of the Mexican Securities Market Law and are presented in accordance with the provisions of the Mexican Securities Market Law and the Mexican Securities Market Law;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, equals whose value is equal to or exceeds greater than the relevant threshold value specified for each Party in Appendices 1 to 3 to Annex XIII (Covered Entities)I;
(d) that is conducted by a procuring entity; contracting entity listed in Annex I, and
(e) subject to that is not otherwise excluded from the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes).scope of this Chapter. Exclusions
23. This Except as otherwise provided, this Chapter does not apply to:
(a) the acquisition or lease of land, existing buildings or other real estate or rights to such property;
(b) non-contractual agreements arrangements, or any form of assistance that provided by a Party, including a government enterprise, provides, including co-operative cooperation agreements, grants, loans, subsidies, equity infusionscontributions, guarantees, warranties, guarantees and fiscal tax incentives;
(bc) the contracting or procurement or acquisition of fiscal agency services or depository services, liquidation settlement and management services for regulated financial institutions, or nor services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes notes, and other public securities;
(c) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to government procurement of banking, financial, financial or specialised specialized services related relating to the incurring of public indebtedness borrowing or public debt management.management activities;
4. Where the total estimated maximum value (d) public employment contracts and related measures;
(e) procurement by a procuring entity or enterprise of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policiesanother procuring entity or government enterprise of the same Party;
(f) financial services;
(g) the contracting performed:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) in accordance with a particular procedure or condition of an international agreement relating to:
(A) the settlement of troops;
(B) the joint execution of a project of the signatory countries of such agreement, or
(C) in accordance with the particular procedures or contractual meansconditions of an international organization, provided that they are consistent or financed by donations, loans or other forms of international assistance, when the applicable procedure or condition is incompatible with this Chapter.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement. For the purposes of this Chapter, “covered procurement” means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Appendices 1 to 7 and 12 to Annex XIII (Covered EntitiesGovernment Procurement); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchase, with or without an option to buy, and public works concessions as specified in Appendix 7 to Annex XIII (Government Procurement);
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, the rules specified in Appendix 10 to Annex XIII (Government Procurement) equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered EntitiesGovernment Procurement) at the time of publication of a notice in accordance with Article 80 (Notices);
(d) that is conducted by a procuring entity; and
(e) subject that is not otherwise excluded pursuant to the conditions specified in paragraph 2 or Annex XIII (Covered Entities) and XIV (General NotesGovernment Procurement).
2. This Chapter does shall not apply to:
(a) acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, and fiscal incentives, subsidies and sponsorships agreements;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapterpublic employment contracts;
(de) contracts awarded pursuant toprocurement conducted:
(i) an international agreement and intended for the joint implementation or exploitation specific purpose of a project by the contracting parties; orproviding international assistance, including development aid;
(ii) under a particular procedure or condition of an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measurestroops or relating to the joint implementation by the signatory countries of a project; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 1 contract
Samples: Free Trade Agreement
Scope and Coverage. application of this Chapter
1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “‘covered procurement” ’ means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)annex III; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including including: purchase, ; lease, ; and rental or hire purchase, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, value equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities)annex III, at the time of publication of a notice in accordance with article 124;
(d) that is conducted by a procuring entity; and
(e) subject that is not otherwise excluded from coverage in paragraph 3 of this article or in annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes)8.
23. This Except where provided otherwise in annex III, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
34. In estimating annex III specifies for each Party the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shallfollowing information:
(a) neither divide a in Part 1, the central government entities whose procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of is covered by this Chapter;
(b) take into account in Part 2, the sub-central government entities whose procurement is covered by this Chapter;
(c) in Part 3, all forms of remunerationother entities whose procurement is covered by this Chapter;
(d) in Part 4, including any premiumsthe goods covered by this Chapter;
(e) in Part 5, fees, commissions, interestthe services, other revenue streams that may be provided for under the contract andthan construction services, where the procurement provides for the possibility of option clausescovered by this Chapter;
(f) in Part 6, the total maximum value of the procurement, inclusive of optional purchasesconstruction services covered by this Chapter; and
(cg) where the procurement is to be conducted in multiple partsPart 7, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapterany General Notes.
5. Nothing where a procuring entity, in this Chapter the context of covered procurement, requires persons not covered under annex III to procure in accordance with particular requirements, article 122 shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapterapply mutatis mutandis to such requirements.
Appears in 1 contract
Scope and Coverage. Application of this Chapter
1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “‘covered procurement” ’ means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)Section of Annexes 9-A to 9-G; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, and rental or hire purchase, purchase with or without an option to buy, and any public-private partnership contracts as defined in Annex 9-I;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate6 to 8, equals or exceeds the relevant threshold specified in Appendices 1 Annexes 9-A to 3 to Annex XIII 9-G at the time of publication of a notice in accordance with Article 9.6 (Covered EntitiesNotices);
(d) that is conducted by a procuring entity; and
(e) subject that is not otherwise excluded from coverage in paragraph 3 or in a Party's Section of Annexes 9-A to the conditions specified 9-G.
3. Except where provided otherwise in Annex XIII (Covered Entities) and XIV (General Notes).
2. This Annexes 9-A to 9-G, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance assistance, where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
34. In estimating Each Party shall specify the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shallfollowing information in Annexes 9-A to 9-G:
(a) neither divide a in Annex 9-A, the central government entities whose procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of is covered by this Chapter;
(b) take into account in Annex 9-B, the sub-central entities whose procurement is covered by this Chapter;
(c) in Annex 9-C, all forms of remunerationother entities whose procurement is covered by this Chapter;
(d) in Annex 9-D, including any premiumsthe goods covered by this Chapter;
(e) in Annex 9-E, fees, commissions, interestthe services, other revenue streams that may be provided for under the contract andthan construction services, where the procurement provides for the possibility of option clausescovered by this Chapter;
(f) in Annex 9-F, the total maximum value of the procurement, inclusive of optional purchasesconstruction services covered by this Chapter; and
(cg) where the procurement is to be conducted in multiple partsAnnex 9-G, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapterany general notes.
5. Nothing Where a procuring entity, in this Chapter the context of covered procurement, requires persons who are not listed in Annexes 9-A to 9-C to procure in accordance with particular requirements, Article 9.4 (General Principles) shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapterapply mutatis mutandis to such requirements.
Appears in 1 contract
Samples: Free Trade Agreement
Scope and Coverage. Application of Chapter
1. This Chapter applies to any measure of a Party regarding covered procurement.
2. For the purposes of this Chapter, “covered procurement” procurement means a procurement for governmental purposes:
(a) of goods, services, or any combination thereofboth:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(ba) by any contractual means, including purchase, rental, or lease, rental or hire purchase, with or without an option to buy, build-operate-transfer contracts, and public works concessions contracts;
(cb) for which the value, as estimated in accordance with paragraphs 3 and 46, 7, or 8, as appropriate, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities)15-A;
(dc) that is conducted by a procuring entity; and
(ed) subject to the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes)is not excluded from coverage by this Agreement.
23. This Chapter does not apply to:
(a) non-contractual agreements or any form of assistance that a Party, including Party or a government enterprise, enterprise provides, including co-operative agreements, grants, loans, subsidies, equity infusions, fiscal incentives, subsidies, guarantees, cooperative agreements, and fiscal incentivessponsorship arrangements;
(b) procurement of goods and services by a Party from its own entities and provision of goods or services by or between a procuring entity of a Party and a regional or local government of that Party;
(c) purchases funded by international grants, loans, or other assistance, where the provision of such assistance is subject to conditions inconsistent with this Chapter;
(d) purchases funded by grants and sponsorship payments from persons not listed in Annex 15-A;
(e) procurement or for the direct purpose of providing foreign assistance;
(f) procurement of research and development services;
(g) procurement of goods and services (including construction) outside the territory of the procuring Party, for consumption outside the territory of the procuring Party; and
(h) acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and sale and distribution of public debt1, including loans and services for government bonds, notes and other securities;
(c) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereondebt.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurementsThe Parties acknowledge and reaffirm the commitments made in the Memorandum of Agreement Between the Government of Australia and the Government of the United States Concerning Reciprocal Defense Procurement, nor use a particular method for estimating dated April 19, 1995 (the value of a procurement for "MOA") and acknowledge that the purpose of avoiding MOA, and any extension thereof, applies to certain defence procurements that are outside the application scope of this Chapter;.
(b) take into account all forms The Parties will continue discussions on improving and expanding the relationship established by the MOA, recognising that this Agreement will have no application to, or impact on, the MOA or any of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for the rights and responsibilities established under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire durationMOA.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 1 contract
Samples: Free Trade Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement. For the purposes of this Chapter, “covered procurement” means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Appendices to Annex XIII XVII (Covered EntitiesGovernment Procurement); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchase, with or without an option to buybuy and public works concessions;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, the rules specified in Appendix 9 to Annex XVII (Government Procurement) equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII XVII (Covered EntitiesGovernment Procurement) at the time of publication of a notice in accordance with Article 6.10 (Notices);
(d) that is conducted by a procuring entity; and
(e) subject which is not otherwise excluded pursuant to the conditions specified in paragraph 2 or Annex XIII XVII (Covered Entities) and XIV (General NotesGovernment Procurement).
2. This Chapter does shall not apply to:
(a) acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(c) procurement funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;securities;13
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or;
(fe) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shallconducted:
(ai) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the specific purpose of avoiding the application of this Chapterproviding international assistance, including development aid;
(bii) take into account all forms under a particular procedure or condition of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.an agreement relating to:
Appears in 1 contract
Scope and Coverage. Application of Agreement
1. This Chapter applies to any measure of relating to a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “covered procurement” procurement means procurement for governmental purposes:
(a) of goodsa good, servicesa service, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)Schedule for this Chapter; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods a good or services a service for commercial sale or resale;
(b) by any contractual means, including including: purchase, ; lease, ; and rental or hire purchase, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate6 through 8, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII (Covered Entities)a Party's Schedule for this Chapter, at the time of publication of a notice in accordance with Article 6;
(d) that is conducted by a procuring entity; and
(e) subject to the conditions specified that is not otherwise excluded from coverage in Annex XIII (Covered Entities) and XIV (General Notes)paragraph 3 or a Party's Schedule for this Chapter.
23. This Except as otherwise provided in a Party's Schedule for this Chapter, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, loans or other assistance where if the applicable procedure or condition would be inconsistent with this Chapter.
4. A procurement subject to this Chapter shall be all procurement covered by the Schedules of ESA 5 and the European Union, in which each Party's commitments are set out as follows:
(a) in Section 1, the central government entities whose procurement is covered by this Chapter
(b) in Section 2, the sub-central government entities whose procurement is covered by this Chapter
(c) in Section 3, all other entities whose procurement is covered by this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for in Section 4, the joint implementation or exploitation of a project goods covered by the contracting parties; or
(ii) an international agreement relating to the stationing of troopsthis Chapter;
(e) public employment contracts and related employment measures; or
(f) in Section 5, the acquisition or rental of landservices, existing buildingsother than construction services, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of by this Chapter;
(bf) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clausesin Section 6, the total maximum value of the procurement, inclusive of optional purchasesconstruction services covered by this Chapter; and
(cg) where in Section 7, any General Notes
(h) in Section 8, the media in which the Party publishes its procurement is to be conducted in multiple partsnotices, with contracts to be awarded at the same time or over a given period to one or more suppliersaward notices, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services and other information related to the incurring of its public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by system as set out in this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 1 contract
Samples: Government Procurement Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “"covered procurement” " means procurement for governmental purposesgovernment procurement:
(a) of goods, services, or any combination thereof:
(i) , as specified in each Party's specific commitments set out in Annex XIII Annexes 9-A (Covered EntitiesCoverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchaseand rental, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 6 and 4, as appropriate7, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII Annexes 9-A (Covered EntitiesCoverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam);, at the time of publication of a notice in accordance with Article 9.6 (Notices); and
(d) that is conducted by a procuring entity; and
not otherwise excluded from coverage pursuant to paragraph 3 or Annexes 9-A (e) subject to Coverage of Government Procurement for the conditions specified in Annex XIII (Covered EntitiesUnion) and XIV 9-B (General NotesCoverage of Government Procurement for Viet Nam), or by the effect of any other relevant parts of this Agreement.
23. This Except where provided otherwise in Annexes 9-A (Coverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam), this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterpriseits procuring entities, provides, including co-operative cooperative agreements, grants, subsidies, loans, subsidies, equity infusions, guarantees, and fiscal incentives, and contributions in kind;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts; and
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international organisation or funded by international or foreign grants, loans, loans or other assistance where the applicable procedure recipient Party, including its procuring entities, is bound to apply particular procedures or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an conditions imposed by the international agreement and intended organisation or other donors for the joint implementation benefit of their international or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of landforeign grants, existing buildings, loans or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, assistance; where the procurement provides for the possibility of option clauses, the total maximum value procedures or conditions of the procurement, inclusive international organisation or donor do not restrict the participation of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.subject to paragraphs 1 and 2 of Article 9.4 (General Principles); or
Appears in 1 contract
Samples: Free Trade Agreement
Scope and Coverage. Application of this Chapter
1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “covered procurement” procurement means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified in each Party's specific commitments set out in Annex XIII (Covered Entities)Annexes 9-A to 9-G; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, ; lease, ; and rental or hire purchase, with or without an option to buy; and any public-private partnership contracts as defined in Annex 9-I;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate6 to 8, equals or exceeds the relevant threshold specified in Appendices 1 Annexes 9-A to 3 to Annex XIII 9-G, at the time of publication of a notice in accordance with Article 9.6 (Covered EntitiesNotices);
(d) that is conducted by a procuring entity; and
(e) subject that is not otherwise excluded from coverage in paragraph 3 or in a Party's Annexes 9-A to the conditions specified 9-G.
3. Except where provided otherwise in Annex XIII (Covered Entities) and XIV (General Notes).
2. This Annexes 9-A to 9-G, this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative cooperative agreements, grants, loans, subsidies, equity infusions, guarantees, and fiscal incentives;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
34. In estimating Each Party shall specify the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shallfollowing information in Annexes 9-A to 9-G:
(a) neither divide a in Annex 9-A the central government entities whose procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of is covered by this Chapter;
(b) take into account in Annex 9-B, the sub-central entities whose procurement is covered by this Chapter;
(c) in Annex 9-C, all forms of remunerationother entities whose procurement is covered by this Chapter;
(d) in Annex 9-D, including any premiumsthe goods covered by this Chapter;
(e) in Annex 9-E, fees, commissions, interestthe services, other revenue streams that may be provided for under the contract andthan construction services, where the procurement provides for the possibility of option clausescovered by this Chapter;
(f) in Annex 9-F, the total maximum value of the procurement, inclusive of optional purchasesconstruction services covered by this Chapter; and
(cg) where the procurement is to be conducted in multiple partsAnnex 9-G, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapterany General Notes.
5. Nothing Where a procuring entity, in this Chapter the context of covered procurement, requires persons not listed in Annexes 9-A to 9-C to procure in accordance with particular requirements, Article 9.4 (General Principles) shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapterapply mutatis mutandis to such requirements.
Appears in 1 contract
Samples: Free Trade Agreement
Scope and Coverage. 1. This Chapter Title applies to any measure of a Party regarding covered procurement. For the purposes of this ChapterTitle, “covered procurement” procurement means procurement for governmental purposes:
(a) of goods, services, or any combination thereof:
(i) as specified by each Party in each Party's specific commitments set out in the relevant sections of Appendix 1 (Coverage) to Annex XIII (Covered Entities)XVI; and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including including: purchase, lease, and rental or hire purchase, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 and 4, as appropriate, value equals or exceeds the relevant threshold specified by each Party in Appendices Appendix 1 to 3 (Coverage) to Annex XIII (Covered Entities)XVI, at the time of publication of a notice in accordance with Article 213;
(d) that is conducted by a procuring entity; and
(e) subject to the conditions specified in Annex XIII (Covered Entities) and XIV (General Notes)that is not otherwise excluded from coverage.
2. This Chapter Except where provided, this Title does not apply to:
(a) the acquisition or rental of land, buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterprise, Party provides, including co-operative agreements, grants, loans, subsidies, equity infusions, guarantees, guarantees and fiscal incentives, government provision of goods and services to state, regional, or local government entities;
(bc) the procurement or acquisition of fiscal agency or depository depositary services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts and related employment measures;
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition established by an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project;
(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans, loans or other assistance where the applicable procedure or condition would be inconsistent with this ChapterTitle;
(d) contracts awarded pursuant to:
(i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or
(ii) an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon.
3. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:
(a) neither divide a procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of this Chapter;
(b) take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, inclusive of optional purchases; and
(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.
5. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.
Appears in 1 contract
Samples: Free Trade Agreement
Scope and Coverage. 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means.
2. For the purposes of this Chapter, “"covered procurement” " means procurement for governmental purposesgovernment procurement:
(a) of goods, services, or any combination thereof:
(i) , as specified in each Party's specific commitments set out in Annex XIII Annexes 9-A (Covered EntitiesCoverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam); and
(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
(b) by any contractual means, including purchase, lease, rental or hire purchaseand rental, with or without an option to buy;
(c) for which the value, as estimated in accordance with paragraphs 3 6 and 4, as appropriate7, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex XIII Annexes 9-A (Covered EntitiesCoverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam);, at the time of publication of a notice in accordance with Article 9.6 (Notices); and
(d) that is conducted by a procuring entity; and
not otherwise excluded from coverage pursuant to paragraph 3 or Annexes 9-A (e) subject to Coverage of Government Procurement for the conditions specified in Annex XIII (Covered EntitiesUnion) and XIV 9-B (General NotesCoverage of Government Procurement for Viet Nam), or by the effect of any other relevant parts of this Agreement.
23. This Except where provided otherwise in Annexes 9-A (Coverage of Government Procurement for the Union) and 9-B (Coverage of Government Procurement for Viet Nam), this Chapter does not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including a government enterpriseits procuring entities, provides, including co-operative cooperative agreements, grants, subsidies, loans, subsidies, equity infusions, guarantees, and fiscal incentives, and contributions in kind;
(bc) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, institutions or services related to the sale, redemption and distribution of public debt1debt, including loans and government bonds, notes and other securities;
(cd) public employment contracts; and
(e) procurement conducted:
(i) for the specific purpose of providing international assistance, including development aid;
(ii) under the particular procedure or condition of an international organisation or funded by international or foreign grants, loans, loans or other assistance where the applicable procedure recipient Party, including its procuring entities, is bound to apply particular procedures or condition would be inconsistent with this Chapter;
(d) contracts awarded pursuant to:
(i) an conditions imposed by the international agreement and intended organisation or other donors for the joint implementation benefit of their international or exploitation foreign grants, loans or other assistance; where the procedures or conditions of a project by the contracting partiesinter national organisation or donor do not restrict the participation of suppliers, the procurement shall be subject to paragraphs 1 and 2 of Article 9.4 (General Principles); or
(iiiii) under the particular procedure or condition of an international agreement relating to the stationing of troops;
(e) public employment contracts and related employment measures; or
(f) troops or relating to the acquisition or rental joint implementation by the signatory countries of land, existing buildings, or other immovable property or the rights thereona project.
34. In estimating the value Annex 9-A (Coverage of a procurement Government Procurement for the purpose Union) and Annex 9-B (Coverage of ascertaining whether it is a covered procurement, a procuring entity shallGovernment Procurement for Viet Nam) specify in its Sections the following information for each Party:
(a) neither divide a in Section A, the central government entities whose procurement into separate procurements, nor use a particular method for estimating the value of a procurement for the purpose of avoiding the application of is covered by this Chapter;
(b) take into account all forms of remunerationin Section B, including any premiums, fees, commissions, interestthe sub-central government entities whose procurement is covered by this Chapter;
(c) in Section C, other revenue streams that may be provided for under the contract and, where the entities whose procurement provides for the possibility of option clausesis covered by this Chapter;
(d) in Section D, the total maximum value of goods covered by this Chapter;
(e) in Section E, the procurementservices, inclusive of optional purchasesother than construction services, covered by this Chapter;
(f) in Section F, the construction services covered by this Chapter;
(g) in Section G, any general notes; and
(ch) where in Section H, the means for publishing the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration.
1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management.
4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapterinformation.
5. Nothing in Transitional measures for Viet Nam for the application of this Chapter shall prevent are set out in Section I (Transitional Measures) of Annex 9-B (Coverage of Government Procurement for Viet Nam).
6. If the domestic legislation of a Party from developing new allows a covered procurement policiesto be carried out on behalf of the procuring entity by other entities or persons whose procurement is not covered with respect to the goods and services concerned, procedures or contractual means, provided that they are consistent with the provisions of this ChapterChapter equally apply.
Appears in 1 contract
Samples: Free Trade Agreement
