Common use of Tendering Procedures Clause in Contracts

Tendering Procedures. 1. Entities shall award contracts by means of open tendering procedures, in the course of which any interested supplier may submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, entities may award contracts by means other than open tendering procedures in the following circumstances, where applicable: (a) in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any conditions for participation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract; or (g) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the entity, or the entity’s program responsibilities, or the Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering procedures, as provided in paragraph 2.

Tendering Procedures. 1. Entities A procuring entity shall award contracts conduct procurement covered by means of open tendering proceduresthis Agreement in a manner that is consistent with this Chapter, and, except where specifically provided otherwise in this Chapter, in the course of which a transparent and impartial manner and shall permit any interested supplier may to submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or competition, to protect domestic suppliers, entities or in a manner that discriminates against suppliers of the other Party, a procuring entity may award contracts by means other than open tendering procedures contact a supplier or suppliers of its choice and may choose not to apply Articles 9.4 through 9.7, paragraph 1 and paragraphs 3 through 7 of Article 9.9 in the following circumstances, where applicable: (a) where, in the absence response to a prior notice of intended procurement or invitation to tender, (i) no tenders were submitted; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any documentation; or (iii) no suppliers satisfied the conditions for participation, on condition that ; and the entity does not substantially modify the essential requirements of the initial procurement are not substantially modified in or the contract as awardedconditions for participation; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute existsgoods or services exist because: (i) the requirement is for a work of art; (ii) the procuring entity is obligated to protect patents, copyrights, or other exclusive rights, or proprietary information; or (iii) there is an absence of competition for technical reasons; (c) for additional deliveries of goods or services by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services services, or installations, where a change of supplier would compel the procuring entity to procure goods or services that do not meeting meet requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have a contract has been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contractthis Chapter; or (gf) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means under procedures consistent with Articles 9.4 through 9.7, paragraph 1 and paragraphs 3 through 7 of an open tendering procedure Article 9.9, and the use of an open tendering procedure such procedures would result in serious injury to the entity, procuring entity or the entity’s program responsibilities, or the relevant Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An For each contract awarded under paragraph 2, a procuring entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering proceduresthat includes the name of the procuring entity, as provided the value and kind of goods or services procured, and a statement indicating the circumstances and conditions described in paragraph 22 that justify the use of a limited tendering procedure.

Tendering Procedures. 1. Entities A procuring entity shall award contracts conduct procurement covered by means of open tendering proceduresthis Agreement in a manner that is consistent with this Chapter, and, except where specifically provided otherwise in this Chapter, in the course of which a transparent and impartial manner and shall permit any interested supplier may to submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or competition, to protect domestic suppliers, entities or in a manner that discriminates against suppliers of the other Party, a procuring entity may award contracts by means other than open tendering procedures contact a supplier or suppliers of its choice and may choose not to apply Articles 9.4 through 9.7 and 9.9.1 through 9.9.6 in any of the following circumstances, where applicable: (a) where, in the absence response to a prior notice of intended procurement or invitation to tender, (i) no tenders were submitted; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any documentation; or (iii) no suppliers satisfied the conditions for participation, on condition that ; and the entity does not substantially modify the essential requirements of the initial procurement are not substantially modified in or the contract as awardedconditions for participation; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute existsgoods or services exist because: (i) the requirement is for a work of art; (ii) the procuring entity is obligated to protect patents, copyrights, or other exclusive rights, or proprietary information; or (iii) there is an absence of competition for technical reasons; (c) for additional deliveries of goods or services by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services services, or installations, where a change of supplier would compel the procuring entity to procure goods or services that do not meeting meet requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have a contract has been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contractthis Chapter; or (gf) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of an open tendering procedure under procedures consistent with Articles 9.4 through 9.7, and the use of an open tendering procedure such procedures would result in serious injury to the entity, procuring entity or the entity’s program responsibilities, or the relevant Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An For each contract awarded under paragraph 2, a procuring entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering proceduresthat includes the name of the procuring entity, as provided the value and kind of goods or services procured, and a statement indicating the circumstances and conditions described in paragraph 22 that justify the use of a limited tendering procedure.

Tendering Procedures. 1. Entities A procuring entity shall award contracts conduct procurement covered by means of open tendering proceduresthis Agreement in a manner that is consistent with this Chapter, and, except where specifically provided otherwise in this Chapter, in the course of which a transparent and impartial manner and shall permit any interested supplier may to submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or competition, to protect domestic suppliers, entities or in a manner that discriminates against suppliers of the other Party, a procuring entity may award contracts by means other than open tendering procedures contact a supplier or suppliers of its choice and may choose not to apply Articles 9.4 through 9.7, paragraph 1 and paragraphs 3 through 7 of Article 9.9 in the following circumstances, where applicable: (a) where, in the absence response to a prior notice of intended procurement or invitation to tender, (i) no tenders were submitted; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any documentation; or (iii) no suppliers satisfied the conditions for participation, on condition that ; and the entity does not substantially modify the essential requirements of the initial procurement are not substantially modified in or the contract as awardedconditions for participation; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute existsgoods or services exist because: (i) the requirement is for a work of art; (ii) the procuring entity is obligated to protect patents, copyrights, or other exclusive rights, or proprietary information; or (iii) there is an absence of competition for technical reasons; (c) for additional deliveries of goods or services by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services services, or installations, where a change of supplier would compel the procuring entity to procure goods or services that do not meeting meet requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have sucha contract has been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contractthis Chapter; or (gf) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means under procedures consistent with Articles 9.4 through 9.7, paragraph 1 and paragraphs 3 through 7 of an open tendering procedure Article 9.9, and the use of an open tendering procedure such procedures would result in serious injury to the entity, procuring entity or the entity’s program responsibilities, or the relevant Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An For each contract awarded under paragraph 2, a procuring entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering proceduresthat includes the name of the procuring entity, as provided the value and kind of goods or services procured, and a statement indicating the circumstances and conditions described in paragraph 22 that justify the use of a limited tendering procedure.

Tendering Procedures. 1. Entities shall award contracts by means of open tendering procedures, in the course of which any interested supplier may submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, entities may award contracts by means other than open tendering procedures in the following circumstances, where applicable: (a) in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any conditions for participation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract; or (g) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the entity, or the entity’s program responsibilities, or the Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o to the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering procedures, as provided in paragraph 2.

Tendering Procedures. 1. Entities A procuring entity shall award contracts conduct procurement covered by means of open tendering proceduresthis Agreement in a manner that is consistent with this Chapter, and, except where specifically provided otherwise in this Chapter, in the course of which a transparent and impartial manner and shall permit any interested supplier may to submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or to protect domestic supplierssuppliers or in a manner that discriminates against suppliers of the other Party, entities a procuring entity may award contracts by means other than open tendering procedures contact a supplier or suppliers of its choice and may choose not to apply Articles 5-8 in the following circumstances, where applicable: (a) in the absence of where no tenders that conform to the essential requirements in the tender documentation provided were submitted in response to a notice of intended procurement, or where no suppliers that satisfied the conditions for participation applied to participate in a prior invitation to tenderprocurement, including any conditions for participation, on condition provided that the essential requirements of the initial procurement are not substantially modified in the contract as awardedmodified; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute existsgoods or services exist for the following reasons: (i) the requirement is for a work of art; (ii) the protection of patents, copyrights or other exclusive rights or proprietary information; or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the procuring entity to procure goods or services not meeting requirements that would: (i) alter the operation or use of interchangeability with the existing equipment, software, goods or services; or (ii) due to the change of goods or services, require existing equipment or installationsservices to be altered; (d) for goods purchased on a commodity market; (e) where an a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, study or original development. When such contracts have a contract has been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17;Articles (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract; or (g) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of an open tendering procedure under procedures consistent with Articles 5-8, and the use of an open tendering procedure such procedures would result in serious injury to the entity, procuring entity or the entity’s program responsibilities, or the relevant Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An For each contract awarded under paragraph 2, a procuring entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering proceduresin writing that includes the name of the procuring entity, as provided the value and kind of goods or services procured and a statement indicating the circumstances and conditions described in paragraph 22 that justified the use of such procedures.

Tendering Procedures. 1. Entities shall award contracts by means of open tendering procedures, in the course of which any interested supplier may submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, entities may award contracts by means other than open tendering procedures in the following circumstances, where applicable: (a) in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior invitation to tender, including any conditions for participation, on condition that the requirements of the initial procurement are not substantially modified in the contract as awarded; (b) where, for works of art, or for reasons connected with the protection of exclusive rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative altemative or substitute exists; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract; or (g) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the entity, or the entity’s 's program responsibilities, or the Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns concems relating t o to the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An entity shall maintain a record or prepare a written report providing specific justification for any contract awarded by means other than open tendering procedures, as provided in paragraph 2.

Tendering Procedures. 1. Entities Subject to paragraph 2, a procuring entity shall award contracts by means of open tendering procedures, in the course of which any interested supplier may submit a tender. 2. Provided that the tendering procedure is not used to avoid competition or to protect domestic suppliers, entities a procuring entity may award contracts by means other than an open tendering procedures procedure in the following circumstances, where applicable: (a) in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior notice of intended procurement or invitation to tenderparticipate, including any conditions for participation, on condition provided that the requirements of the initial procurement notice or invitation are not substantially modified in the contract as awardedmodified; (b) where, for works of art, or for reasons connected with the protection of exclusive intellectual property rights, such as patents or copyrights, or proprietary information, or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) for additional deliveries by the original supplier that are intended either as replacement parts, extensions, or continuing services for existing equipment, software, services services, or installations, where a change of supplier would compel the entity to procure goods or services not meeting requirements of interchangeability with existing equipment, software, services, or installations; (d) for goods purchased on a commodity market; (e) where an a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such contracts have been fulfilled, subsequent procurements of such goods or services shall be subject to Articles 9.2 through 9.8 and Article 9.17this Chapter; (f) where additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract; or (g) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of an open tendering procedure and the use of an open tendering procedure would result in serious injury to the procuring entity, or the entity’s program responsibilities, or the Party. For purposes of this subparagraph, lack of advance planning by an entity or its concerns relating t o the amount of funds available to it within a particular period do not constitute unforeseeable events. 3. An A procuring entity shall maintain a record records or prepare a written report reports providing specific justification for any contract awarded by means other than open tendering procedures, as provided in under paragraph 2, in a manner consistent with Article 9.11.