Additional Disciplines Sample Clauses
The "Additional Disciplines" clause defines the process for including extra areas of expertise or professional fields within the scope of an agreement. This clause typically allows parties to specify or add disciplines beyond those originally listed, either at the outset or during the course of the contract, often through written notice or mutual agreement. Its core function is to provide flexibility, ensuring that the contract can adapt to evolving project needs or requirements by formally recognizing and incorporating new disciplines as necessary.
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Additional Disciplines. The Parties shall apply to both the procurements covered through their respective Annexes to Appendix I to the WTO Government Procurement Agreement and to those covered through Annex XI to this Agreement, the following additional disciplines:
1. Each Party shall ensure that all the notices of intended procurement are made directly accessible by electronic means free of charge through a single point of access on the internet. In addition, the notices may also be published in an appropriate paper medium. Any such medium shall be widely disseminated and such notices shall remain readily accessible to the public, at least until the expiration of the time period indicated in the notice.
2. Each Party shall ensure that the measures taken concerning the review procedures specified in Article XVII of the WTO Government Procurement Agreement provide the necessary powers to:
(a) take, at the earliest opportunity and by way of interlocutory procedures, interim measures with the aim of correcting the alleged infringement or preventing further damage to the interests concerned, including measures to suspend or to ensure the suspension of the procedure for the award of a public procurement contract or the implementation of any decision taken by the contracting authority;
(b) either set aside or ensure the setting aside of decisions taken unlawfully, including the removal of discriminatory technical, economic or financial specifications in the publication of intended or planned procurement, the contract documents or in any other document relating to the contract award procedure; and
(c) award damages to persons harmed by an infringement.
3. Inthe case of the review of an award decision, each Party shall ensure that the contracting authority cannot conclude the contract before the review body has made a decision on the application either for interim measures or for review. The suspension shall end no earlier than the expiry of the standstill period referred to in paragraph 6.
4. Each Party shall ensure that decisions taken by bodies responsible for review procedures can be effectively enforced.
5. Members of independent review bodies shall not be representatives of any contracting authorities. With regard to bodies responsible for review procedures which are not judicial in character each Party shall ensure that:
(a) written reasons for their decisions are always be given;
(b) that any allegedly illegal measure taken by the independent review body or any alleged defect in...
Additional Disciplines. The Parties shall apply to both the procurements covered through their respective Annexes to Appendix I to the WTO Government Procurement Agreement and to those covered through Annex XI to this Agreement, the following additional disciplines:
Additional Disciplines. In addition to the provisions referred to under Article X.2 (Application of Rules Set Out in the WTO Government Procurement Agreement), the Parties shall apply the following rules:
1. Each Party shall ensure that the suppliers of the other Party that have established a commercial presence in its territory through the constitution, acquisition or maintenance of a legal person are accorded national treatment with regard to any government procurement of the Party in its territory. This obligation applies irrespectively of whether or not the procurement is covered by the Parties’ annexes to the GPA or by Annex/es [X-X] of this Agreement. However, the general exceptions set forth in Article III of the GPA shall be applied.
Additional Disciplines. In addition to the provisions referred to under Article 1, the Parties shall apply the following provisions:
1. Each Party shall ensure that the suppliers of the other Party that have established a commercial presence in its territory through the constitution, acquisition or maintenance of a juridical person are accorded national treatment with regard to any government procurement of the Party in its territory. The general exceptions set forth in article 3 of the GPA shall apply.
2. With regard to procurement, above the thresholds specified in Annex […], by sub- central entities, which is funded fully or in part by central government entities listed in Annex X-1, the use of such funds shall not be conditional upon the application of any discriminatory measures by the sub-central entity.
3. When conducting covered procurement by electronic means, a procuring entity shall use electronic means of information and communication for the publication of notices and tender documentation in procurement procedures and shall use electronic means for the submission of tenders to the widest extent practicable.
4. All procurement notices (notice of intended procurement, summary notice and notice of planned procurement) shall be directly accessible by electronic means, free of charge, through a single point of access on the internet. In addition, the notices may also be published in an appropriate paper medium, which shall be widely disseminated and shall remain readily accessible to the public, at least until expiration of the time- period indicated in the notice.
Additional Disciplines. In addition to the provisions referred to under Article 1, the Parties shall apply the following provisions:
1. Each Party shall ensure that it has appropriate measures in place to address corruption in their government procurement. These measures may include procedures to render ineligible for participation in the Party’s procurements, either indefinitely or for a stated period of time, suppliers that the judicial authorities of the Party have determined by final decision to have engaged in fraudulent or other illegal actions in relation to government procurement in the territory of that Party. Each Party shall also ensure that it has in place policies and procedures to eliminate to the extent possible or manage any potential conflict of interest on the part of those engaged in or having influence over procurement.
2. Each Party shall ensure that the suppliers of the other Party that have established a commercial presence in its territory through the constitution, acquisition or maintenance of a juridical person are accorded national treatment with regard to any government procurement of the Party in its territory. The general exceptions set forth in article 3 of the GPA shall apply.
Additional Disciplines. 1. The provisions of this Article apply in addition to the provisions referred to in Article 14.1 (Incorporation of certain provisions of the GPA).
2. As regards the use of electronic means in conducting procurement and publication of notices, all notices relating to covered procurement within the meaning of Article 14.1(4) (Incorporation of certain provisions of the GPA), including notices of intended procurement, summary notices, notices of planned procurement and contract award notices:
(a) shall be directly accessible by electronic means, free of charge, through a single point of access on the internet; and
(b) may also be published in an appropriate paper medium. Tender documentation shall be made available through electronic means and the Parties shall use electronic means in the submission of tenders to the widest extent practicable.
3. As regards registration systems and qualification procedures, pursuant to Article IX(1) of the GPA, where a Party, including its procuring entities, or any other competent authority maintains a supplier registration system, it shall ensure that information on the supplier registration system is accessible through electronic means and that interested suppliers may request registration at any time. If a supplier meets the conditions for registration, it shall be registered within a reasonable period of time. If a supplier does not meet the conditions for registration, it shall be informed and provided with written reasons within a reasonable period of time.
4. As regards selective tendering, pursuant to Article [X(5) of the GPA, if a procuring entity uses a selective tendering procedure, it shall not limit the number of suppliers invited to submit a tender with the intention of avoiding effective competition.