Article XIII Limited Tendering

1.

a)

where:

(i)

no tenders were submitted or no suppliers requested participation;

(ii)

no tenders that conform to the essential requirements of the tender documentation were submitted;

(iii)

no suppliers satisfied the conditions for participation; or

(iv)

the tenders submitted have been collusive,

provided that the requirements of the tender documentation are not substantially modified;

b)

where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

(i)

the requirement is for a work of art;

(ii)

the protection of patents, copyrights or other exclusive rights; or

(iii)

due to an absence of competition for technical reasons;

c)

for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:

(i)

cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and

(ii)

would cause significant inconvenience or substantial duplication of costs for the procuring entity;

d)

insofar 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 using open tendering or selective tendering;

e)

for goods purchased on a commodity market;

f)

where 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. Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;

g)

for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership or bankruptcy, but not for routine purchases from regular suppliers; or

h)

where a contract is awarded to a winner of a design contest provided that:

(i)

the contest has been organized in a manner that is consistent with the principles of this Agreement, in particular relating to the publication of a notice of intended procurement; and

(ii)

the participants are judged by an independent jury with a view to a design contract being awarded to a winner.

2.