Common use of Limited Tendering Clause in Contracts

Limited Tendering. 1. Subject to the conditions established in paragraph 2 when using the limited tendering procedure, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided that limited tendering is not used to avoid maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another Party or protection to domestic producers or suppliers, entities may award their public contracts by limited tendering procedure in the following cases: (a) where no suitable tenders have been submitted in response to an open or selective tender, on condition that the requirements of the initial tender are not substantially modified; (b) where, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be performed only by a particular supplier and no reasonable alternative or substitute exists; (c) for reasons of extreme urgency brought about by events unforeseen by the entity, the products or services could not be obtained in time by means of open or selective tendering procedures; (d) for additional deliveries of goods or services by the original supplier where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or services; (e) when an entity procures prototypes or a first product or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development; (f) when additional services which were not included in the initial contract but which were within the objectives of the original tender documentation have, through unforeseeable circumstances, become necessary to complete the services described therein; (g) for new services consisting of the repetition of similar services and for which the entity has indicated in the notice concerning the initial service, that limited tendering procedures might be used in awarding contracts for such new services; (h) for products purchased on a commodity market; (i) in the case of contracts awarded to the winner of a design contest; in the case of several successful candidates, successful candidates shall be invited to participate in the negotiations as specified in the notice or the tender documents; (j) 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.

Limited Tendering. 1. Subject to the conditions established in paragraph 2 when When using the limited tendering procedure, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contractapply Articles 168, 169(1) and (3), 170, 173 (1), 174, 175, 176 and 178. 2. Provided that limited tendering is not used to avoid maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another Party or protection to domestic producers or suppliers, Procuring entities may award their public contracts by limited tendering procedure procedure, in the following cases: (a) where when no suitable tenders have been submitted in response to an open or selective tendertendering procedure, on condition that the requirements of the initial tender are not substantially modified; (b) wherewhen, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be performed only by a particular supplier and no reasonable alternative or substitute exists; (c) for reasons of extreme urgency brought about by events unforeseen by the procuring entity, the products or services could not be obtained in time by means of open or selective tendering procedures; (d) for additional deliveries of goods or services by the original supplier where a change of supplier would compel the procuring entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or servicesservices procured under the initial procurement and such separation would cause significant inconvenience or substantial duplication of costs to the procuring entity; (e) when an a procuring entity procures prototypes or a first product or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development; (f) when additional services which were not included in the initial contract but which were within the objectives of the original tender documentation have, through unforeseeable unforeseen circumstances, become necessary to complete the services described therein. However, the total value of contracts awarded for the additional services shall not exceed 50 % of the amount of the original contract; (g) for new services consisting of the repetition of similar services which conform to a basic project for which an initial contract was awarded following an open or selective procurement method, and for which the procuring entity has indicated in the notice concerning the initial service, of intended procurement that a limited tendering procedures procurement method might be used in awarding contracts for such new services; (h) for products purchased on a commodity market; (i) in the case of contracts awarded to the winner of a design contest; in the case of several successful candidates, successful candidates shall be invited to participate in the negotiations as specified in the notice of the intended procurement or the tender documents; and (j) for purchases made under exceptionally advantageous conditions that which only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership, receivership or bankruptcy, but bankruptcy and not for routine purchases from regular suppliers.