Common use of Time-limits for Tendering and Delivery Clause in Contracts

Time-limits for Tendering and Delivery. General (a) Any prescribed time-limit shall be adequate to allow suppliers of other Parties as well as domestic suppliers to prepare and submit tenders before the closing of the tendering procedures. In determining any such time-limit, entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the normal time for transmitting tenders by mail from foreign as well as domestic points. (b) Each Party shall ensure that its entities shall take due account of publication delays when setting the final date for receipt of tenders or of applications to be invited to tender. 2. Except in so far as provided in paragraph 3, (a) in open procedures, the period for the receipt of tenders shall not be less than 40 days from the date of publication referred to in paragraph 1 of Article IX; (b) in selective procedures not involving the use of a permanent list of qualified suppliers, the period for submitting an application to be invited to tender shall not be less than 25 days from the date of publication referred to in paragraph 1 of Article IX; the period for receipt of tenders shall in no case be less than 40 days from the date of issuance of the invitation to tender; (c) in selective procedures involving the use of a permanent list of qualified suppliers, the period for receipt of tenders shall not be less than 40 days from the date of the initial issuance of invitations to tender, whether or not the date of initial issuance of invitations to tender coincides with the date of the publication referred to in paragraph 1 of Article IX. 3. The periods referred to in paragraph 2 may be reduced in the circumstances set out below: (a) if a separate notice has been published 40 days and not more than 12 months in advance and the notice contains at least: (i) as much of the information referred to in paragraph 6 of Article IX as is available; (ii) the information referred to in paragraph 8 of Article IX; (iii) a statement that interested suppliers should express their interest in the procurement to the entity; and (iv) a contact point with the entity from which further information may be obtained, the 40-day limit for receipt of tenders may be replaced by a period sufficiently long to enable responsive tendering, which, as a general rule, shall not be less than 24 days, but in any case not less than 10 days; (b) in the case of the second or subsequent publications dealing with contracts of a recurring nature within the meaning of paragraph 6 of Article IX, the 40-day limit for receipt of tenders may be reduced to not less than 24 days; (c) where a state of urgency duly substantiated by the entity renders impracticable the periods in question, the periods specified in paragraph 2 may be reduced but shall in no case be less than 10 days from the date of the publication referred to in paragraph 1 of Article IX; or (d) the period referred to in paragraph 2(c) may, for procurements by entities listed in Annexes 2 and 3, be fixed by mutual agreement between the entity and the selected suppliers. In the absence of agreement, the entity may fix periods which shall be sufficiently long to enable responsive tendering and shall in any case not be less than 10 days. 4. Consistent with the entity's own reasonable needs, any delivery date shall take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the points of supply or for supply of services.

Appears in 6 contracts

Samples: Agreement on Government Procurement, Agreement on Government Procurement, Government Procurement Agreement

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Time-limits for Tendering and Delivery. General1. An entity shall: (a) Any prescribed time-limit shall be adequate to allow To establish a deadline, suppliers of other Parties as well as domestic suppliers another party to provide sufficient time to prepare and submit tenders before the closing of the tendering procedures. In determining any such time-limit, entities shall; b) To establish a deadline, consistent with their its own reasonable needs, shall take into account such factors as the complexity of the intended procurement, ; the extent of subcontracting anticipated and the normal period of time normally required for transmitting tenders by mail from foreign as well as domestic points.within the national territory; and (bc) Each Party shall ensure that its entities shall take due account of publication delays when setting In establishing the final date for receipt of tenders or of applications requests for admission to be invited the tender, deemed appropriate to tenderpublication delays. 2. Except in so far as provided in paragraph 3,An entity shall provide that: (a) in In open tendering procedures, the period deadline for the receipt of tenders shall not be is no less than 40 days from the date of publication referred to of a notice in paragraph 1 of Article IXaccordance with article 15-11; (b) in In selective tendering procedures not involving the use of a permanent list of qualified suppliers, the period time limit for submitting the submission of an application for admission to be invited to the tender shall is not be less than 25 days from the date of publication referred to of a notice in paragraph 1 of Article IX; accordance with article 15-11, and the period for receipt of tenders shall in is no case be less than 40 days from the date of issuance publication of the invitation to tender;a notice; and (c) in In selective tendering procedures involving the use of a permanent list of qualified suppliers, the period deadline for receipt of tenders shall not be is no less than 40 days from the date of the initial issuance of invitations first invitation to tender, whether or when the latter do not the date of initial issuance of invitations to tender coincides coincide with the date of the publication of a notice referred to in paragraph 1 article 15-11, not less than 40 days must elapse between the publication and receipt of Article IXtenders. 3. The periods referred to An entity may reduce the time limits specified in paragraph 2 may be reduced in accordance with the circumstances set out belowfollowing: (a) if As provided for in paragraph 4 or 6 of Article 15-11, when it has issued a separate notice has been published call within a period of no less than 40 days and not more than 12 months in advance and the notice contains at least: (i) as much of the information referred to in paragraph 6 of Article IX as is available; (ii) the information referred to in paragraph 8 of Article IX; (iii) a statement that interested suppliers should express their interest in the procurement to the entity; and (iv) a contact point with the entity from which further information may be obtained, the 40-day limit for receipt of tenders may be replaced by a period sufficiently long reduced to enable responsive tendering, which, as a general rule, shall not be no less than 24 days, but in any case not less than 10 days; (b) in In the case of the second or subsequent publications dealing with publication of a publication on successive contracts of a recurring nature within the meaning same type, pursuant to subparagraph (a) of paragraph 6 2 of Article IXarticle 15-11, the 40-day limit for receipt of tenders may be reduced to not no less than 24 days; (c) where a state Where, for reasons of urgency and duly substantiated by justified the entity renders impracticable the periods in questionthat has not been anticipated, the periods specified in paragraph 2 may cannot be reduced but deadlines, they shall in no case be less than 10 ten days from the date of publication of a notice in accordance with article 15-11; or d) Where one of the publication entities listed in annex 2 or 3 of Article 15-02 used an invitation to participate as a notice referred to in paragraph 1 6 of Article IX; or (d) 15-11 the period referred to in paragraph 2(c) may, for procurements by entities listed in Annexes 2 and 3, be fixed by mutual agreement between the selected entity and suppliers may determine by common agreement the selected suppliers. In deadlines; however, in the absence of agreement, the entity may fix periods wide enough to permit the submission of tenders, which in no case shall be sufficiently long to enable responsive tendering and shall in any case not be less than 10 days. 4. Consistent with In establishing the entity's own reasonable needsdate of delivery of the goods or services, any delivery date according to their needs and reasonable, an entity shall take into account such factors as the complexity of the intended procurement, ; the extent of subcontracting anticipated and the realistic anticipated time required realistically deemed necessary for the production, de-stocking processing and transport of goods from the points different locations of supply or for supply of servicessupply.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Time-limits for Tendering and Delivery. General1. An entity shall: (a) Any prescribed time-limit shall be in prescribing a time limit, provide adequate time to allow suppliers of other Parties as well as domestic suppliers another Party to prepare and submit tenders before the closing of the tendering procedures. In ; (b) in determining any such time-a time limit, entities shall, consistent with their its own reasonable needs, take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated anticipated, and the normal time normally required for transmitting tenders by mail from foreign as well as domestic points.; and (bc) Each Party shall ensure that its entities shall take due account of publication delays when setting the final date for receipt of tenders or of applications to be invited to tender. 2. Except in so far as provided in Subject to paragraph 3,, an entity shall provide that: (a) in open tendering procedures, the period for the receipt of tenders shall not be is no less than 40 days from the date of publication referred to of a notice in paragraph 1 of accordance with Article IX1010; (b) in selective tendering procedures not involving the use of a permanent list of qualified suppliers, the period for submitting an application to be invited to tender shall not be is no less than 25 days from the date of publication referred to of a notice in paragraph 1 of accordance with Article IX; 1010, and the period for receipt of tenders shall in is no case be less than 40 days from the date of issuance of the invitation to tender;; and (c) in selective tendering procedures involving the use of a permanent list of qualified suppliers, the period for receipt of tenders shall not be is no less than 40 days from the date of the initial issuance of invitations to tender, whether or not but where the date of initial issuance of invitations to tender coincides does not coincide with the date of the publication referred to of a notice in paragraph 1 of accordance with Article IX1010, there shall not be less than 40 days between those two dates. 3. The An entity may reduce the periods referred to in paragraph 2 may be reduced in accordance with the circumstances set out belowfollowing: (a) if where a separate notice referred to Article 1010(3) or (5) has been published for a period of no less than 40 days and not no more than 12 months in advance and the notice contains at least: (i) as much of the information referred to in paragraph 6 of Article IX as is available; (ii) the information referred to in paragraph 8 of Article IX; (iii) a statement that interested suppliers should express their interest in the procurement to the entity; and (iv) a contact point with the entity from which further information may be obtainedmonths, the 40-day limit for receipt of tenders may be replaced by a period sufficiently long reduced to enable responsive tendering, which, as a general rule, shall not be no less than 24 days, but in any case not less than 10 days; (b) in the case of the second or subsequent publications dealing with recurring contracts of a recurring nature within the meaning of paragraph 6 of Article IX1010(2)(a), the 40-day limit for receipt of tenders may be reduced to not no less than 24 days; (c) where a state of urgency duly substantiated by the entity renders impracticable the periods in question, the periods specified in paragraph 2 may be reduced but shall in to no case be less than 10 days from the date of the publication referred to of a notice in paragraph 1 of accordance with Article IX1010; or (d) the period where an entity listed in Annex 1001.la-2 or 1001.la- 3 is using as an invitation to participate a notice referred to in paragraph 2(c) mayArticle 1010(5), for procurements by entities listed in Annexes 2 and 3, the periods may be fixed by mutual agreement between the entity and the all selected suppliers. In suppliers but, in the absence of agreement, the entity may fix periods which that shall be sufficiently long to enable allow for responsive tendering bidding and shall in any case not event shall be no less than 10 days. 4. Consistent An entity shall, in establishing a delivery date for goods or services and consistent with the entity's its own reasonable needs, any delivery date shall take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the realistic time realistically required for production, de-stocking destocking and transport of goods from the points of supply or for supply of servicessupply.

Appears in 2 contracts

Samples: North American Free Trade Agreement, North American Free Trade Agreement

Time-limits for Tendering and Delivery. General (a) Any Any prescribed time-limit shall be adequate to allow suppliers of other Parties as well as domestic suppliers to prepare and submit tenders before the closing of the tendering procedures. In determining any such time-limit, entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the normal time for transmitting tenders by mail from foreign as well as domestic points. (b) Each Each Party shall ensure that its entities shall take due account of publication delays when setting the final date for receipt of tenders or of applications to be invited to tender.. Deadlines 2. Except Except in so far as provided in paragraph 3, (a) in in open procedures, the period for the receipt of tenders shall not be less than 40 days from the date of publication referred to in paragraph 1 of Article IX; (b) in in selective procedures not involving the use of a permanent list of qualified suppliers, the period for submitting an application to be invited to tender shall not be less than 25 days from the date of publication referred to in paragraph 1 of Article IX; the period for receipt of tenders shall in no case be less than 40 days from the date of issuance of the invitation to tender; (c) in in selective procedures involving the use of a permanent list of qualified suppliers, the period for receipt of tenders shall not be less than 40 days from the date of the initial issuance of invitations to tender, whether or not the date of initial issuance of invitations to tender coincides with the date of the publication referred to in paragraph 1 of Article IX. 3. The The periods referred to in paragraph 2 may be reduced in the circumstances set out below: (a) if if a separate notice has been published 40 days and not more than 12 months in advance and the notice contains at least: (i) as as much of the information referred to in paragraph 6 of Article IX as is available; (ii) the the information referred to in paragraph 8 of Article IX; (iii) a statement that interested suppliers should express their interest in the procurement to the entity; and (iv) a a contact point with the entity from which further information may be obtained, the the 40-day limit for receipt of tenders may be replaced by a period sufficiently long to enable responsive tendering, which, as a general rule, shall not be less than 24 days, but in any case not less than 10 days; (b) in in the case of the second or subsequent publications dealing with contracts of a recurring nature within the meaning of paragraph 6 of Article IX, the 40-day limit for receipt of tenders may be reduced to not less than 24 days; (c) where where a state of urgency duly substantiated by the entity renders impracticable the periods in question, the periods specified in paragraph 2 may be reduced but shall in no case be less than 10 days from the date of the publication referred to in paragraph 1 of Article IX; or (d) the the period referred to in paragraph 2(c) may, for procurements by entities listed in Annexes 2 and 3, be fixed by mutual agreement between the entity and the selected suppliers. In the absence of agreement, the entity may fix periods which shall be sufficiently long to enable responsive tendering and shall in any case not be less than 10 days. 4. Consistent Consistent with the entity's own reasonable needs, any delivery date shall take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the points of supply or for supply of services.

Appears in 1 contract

Samples: Government Procurement Agreement

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Time-limits for Tendering and Delivery. General (a) Any prescribed time-limit shall be adequate to allow suppliers of other Parties as well as domestic suppliers to prepare and submit tenders before the closing of the tendering procedures. In determining any such time-limittime -limit, entities shall, consistent with their own reasonable needs, take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the normal time for transmitting tenders by mail from foreign as well as domestic points. (b) Each Party shall ensure that its entities shall take due account of publication delays when setting the final date for receipt of tenders or of applications to be invited to tender. 2. Except in so far as provided in paragraph 3, (a) in open procedures, the period for the receipt of tenders shall not be less than 40 days from the date of publication referred to in paragraph 1 of Article IX; (b) in selective procedures not involving the use of a permanent list of qualified suppliers, the period for submitting an application to be invited to tender shall not be less than 25 days from the date of publication referred to in paragraph 1 of Article IX; the period for receipt of tenders shall in no case be less than 40 days from the date of issuance of the invitation to tender; (c) in selective procedures involving the use of a permanent list of qualified suppliers, the period for receipt of tenders shall not be less than 40 days from the date of the initial issuance of invitations to tender, whether or not the date of initial issuance of invitations to tender coincides with the date of the publication referred to in paragraph 1 of Article IX. 3. The periods referred to in paragraph 2 may be reduced in the circumstances set out below: (a) if a separate notice has been published 40 days and not more than 12 months in advance and the notice contains at least: (i) as much of the information referred to in paragraph 6 of Article IX as is available; (ii) the information referred to in paragraph 8 of Article IX; (iii) a statement that interested suppliers should express their interest in the procurement to the entity; and (iv) a contact point with the entity from which further information may be obtained, WTO - Internal the 40-day limit for receipt of tenders may be replaced by a period sufficiently long to enable responsive tendering, which, as a general rule, shall not be less than 24 days, but in any case not less than 10 days; (b) in the case of the second or subsequent publications dealing with contracts of a recurring nature within the meaning of paragraph 6 of Article IX, the 40-day limit for receipt of tenders may be reduced to not less than 24 days; days (c) where a state of urgency duly substantiated by the entity renders impracticable the periods in question, the periods specified in paragraph 2 may be reduced but shall in no case be less than 10 days from the date of the publication referred to in paragraph 1 of Article IX; or (d) the period referred to in paragraph 2(c) may, for procurements by entities listed in Annexes 2 and 3, be fixed by mutual agreement between the entity and the selected suppliers. In the absence of agreement, the entity may fix periods which shall be sufficiently long to enable responsive tendering and shall in any case not be less than 10 days. 4. Consistent with the entity's own reasonable needs, any delivery date shall take into account such factors as the complexity of the intended procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the points of supply or for supply of services.

Appears in 1 contract

Samples: Government Procurement Agreement

Time-limits for Tendering and Delivery. General1. An entity shall: (a) Any prescribed time-limit in setting a time limit, shall be adequate to allow provide suppliers of the other Parties as well as domestic suppliers Party sufficient time to prepare and submit tenders before tenders, prior to the closing of the tendering procedures. In determining any such time-limitperiod; (b) in setting a deadline, entities shall, consistent in accordance with their its own reasonable needs, shall take into account factors such factors as the complexity of the intended procurementpurchase, the extent anticipated degree of subcontracting anticipated subcontracting, and the normal time for transmitting normally required to transmit tenders by mail mail, whether from foreign as well as domestic points.overseas locations or within the national territory; and (bc) Each Party shall ensure that its entities shall take due account of publication delays when setting in establishing the final closing date for the receipt of tenders bids or of applications for admission to be invited bidding, shall give due consideration to tenderdelays in publication. 2. Except in so far as provided in Subject to paragraph 3,, an entity shall provide that: (a) in open tendering procedures, the time limit for receipt of a tender is not less than 40 days from the date of publication of a solicitation in accordance with Article 14-11; (b) in selective tendering proceedings not involving the use of a standing list of qualified suppliers, the time period for the submission of an application for admission to tender shall be not less than 25 days from the date of publication of a solicitation, in accordance with Article 14-11, and the time period for the receipt of tenders shall be not less than 40 days from the date of publication of a solicitation; and (c) in selective tendering procedures involving the use of a standing list of qualified suppliers, the period for the receipt of tenders shall be not be less than 40 days from the date of publication referred to in paragraph 1 of Article IX; (b) in selective procedures not involving the use of a permanent list of qualified suppliers, the period for submitting an application to be invited to tender shall not be less than 25 days from the date of publication referred to in paragraph 1 of Article IX; the period for receipt of tenders shall in no case be less than 40 days from the date of issuance of the invitation to tender; (c) in selective procedures involving the use of a permanent list of qualified suppliers, the period for receipt of tenders shall not be less than 40 days from the date of the initial issuance of invitations first invitation to tender, whether or but where the latter date does not the date of initial issuance of invitations to tender coincides coincide with the date of the publication of a solicitation referred to in paragraph 1 of Article IX14-11, not less than 40 days shall elapse between the two dates. 3. The periods referred to An entity may reduce the time limits provided for in paragraph 2 may be reduced in accordance with the circumstances set out belowfollowing: (a) if as provided in paragraph 3 or 5 of Article 14-11, where a separate notice solicitation has been published issued within a period of not less than 40 days and not more than 12 months in advance and the notice contains at least: (i) as much of the information referred to in paragraph 6 of Article IX as is available; (ii) the information referred to in paragraph 8 of Article IX; (iii) a statement that interested suppliers should express their interest in the procurement to the entity; and (iv) a contact point with the entity from which further information may be obtainedmonths, the 40-day limit period for receipt of tenders may be replaced by a period sufficiently long reduced to enable responsive tendering, which, as a general rule, shall not be less than 24 days, but in any case not less than 10 days; (b) in the case of the a second or subsequent publications dealing with contracts of a publication relating to recurring nature within the meaning of contracts, pursuant to article 14-11, paragraph 6 of Article IX2 (a), the 40-day limit period for the receipt of tenders may be reduced to not less than 24 days; (c) where a state where, for reasons of urgency duly substantiated justified by the entity renders impracticable the periods in questionentity, the periods specified in paragraph 2 may time limits cannot be reduced but complied with, such time limits shall in no case be less than 10 ten days from the date of the publication referred to of a solicitation in paragraph 1 of accordance with Article IX14-11; or (d) the period where an entity referred to in Annex 2 or 3 to Article 14-02 uses a solicitation referred to in paragraph 2(c) may5 of Article 14-11 as an invitation to participate, for procurements by entities listed in Annexes 2 and 3, be fixed by mutual agreement between the entity and the selected suppliers. In suppliers may fix, by mutual agreement, the time limits; however, in the absence of agreement, the entity may fix periods which shall be time limits that are sufficiently long to enable responsive tendering and shall permit the proper submission of tenders, but in any no case not be less than 10 ten days. 4. Consistent In establishing the date for delivery of goods or services, and in accordance with the entity's own its reasonable needs, any delivery date an entity shall take into account factors such factors as the complexity of the intended procurementpurchase, the extent anticipated degree of subcontracting anticipated subcontracting, and the realistic time realistically required for the production, de-stocking dispatch and transport transportation of the goods from the points various places of supply or for supply of servicessupply.

Appears in 1 contract

Samples: Economic Complementation Agreement

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