Agreement on Government Procurement:Article XVI Transparency of Procurement Information

Agreement on Government Procurement

Article XVI Transparency of Procurement Information

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1. Information Provided to Suppliers

A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, on the request of a supplier, shall do so in writing. Subject to paragraphs 2 and 3 of Article XVII, a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative advantages of the successful supplier's tender.

2. Publication of Award Information

Not later than 72 days after the award of each contract covered by this Agreement, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Appendix III. Where the entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:

a)

a description of the goods or services procured;

b)

the name and address of the procuring entity;

c)

the name and address of the successful supplier;

d)

the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;

e)

the date of award; and

f)

the type of procurement method used, and in cases where limited tendering was used in accordance with Article XIII, a description of the circumstances justifying the use of limited tendering.

3. Maintenance of Documentation, Reports and Electronic Traceability

Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:

a)

the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article XIII; and

b)

data that ensure the appropriate traceability of the conduct of covered procurement by electronic means.

4. Collection and Reporting of Statistics

Each Party shall collect and report to the Committee statistics on its contracts covered by this Agreement. Each report shall cover one year and be submitted within two years of the end of the reporting period, and shall contain:

a)

for Annex 1 procuring entities:

(i)

the number and total value, for all such entities, of all contracts covered by this Agreement;

(ii)

the number and total value of all contracts covered by this Agreement awarded by each such entity, broken down by categories of goods and services according to an internationally recognized uniform classification system; and

(iii)

the number and total value of all contracts covered by this Agreement awarded by each such entity under limited tendering;

b)

for Annex 2 and 3 procuring entities, the number and total value of contracts covered by this Agreement awarded by all such entities, broken down by Annex; and

c)

estimates for the data required under subparagraphs (a) and (b), with an explanation of the methodology used to develop the estimates, where it is not feasible to provide the data.

5.

Where a Party publishes its statistics on an official website, in a manner that is consistent with the requirements of paragraph 4, the Party may substitute a notification to the Committee of the website address for the submission of the data under paragraph 4, with any instructions necessary to access and use such statistics.

6.

Where a Party requires notices concerning awarded contracts, pursuant to paragraph 2, to be published electronically and where such notices are accessible to the public through a single database in a form permitting analysis of the covered contracts, the Party may substitute a notification to the Committee of the website address for the submission of the data under paragraph 4, with any instructions necessary to access and use such data.

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