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 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 provisions of Articles 6-07 through 6-14 governing open and selective tendering procedures need not apply in the conditions established in paragraph 2 when using the limited tendering procedurefollowing conditions, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another the other 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 in the absence of tenders have been submitted in response to an open or selective tender, or when the tenders submitted have been collusive, or not in conformity with the essential requirements in the tender, or from suppliers who do not comply with the conditions for participation provided for in accordance with this Chapter, on condition condition, however, that the requirements of the initial tender are not substantially modifiedmodified in the contract as awarded; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the goods or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseen unforeseeable by the entity, the products goods 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 which are intended either as parts replacement for existing supplies, or installations, or as the extension of existing supplies, services, or installations where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment equipment7 or services; (e) when an entity procures prototypes or a first product good or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. When such contracts have been fulfilled, subsequent procurements of goods or services shall be subject to Articles 6-07 through 6-148; (f) when additional construction 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 construction services described therein; (g) , and the entity needs to award contracts for new the additional construction services consisting to the contractor carrying out the construction services concerned since the separation of the repetition of similar additional construction services and for which the entity has indicated in the notice concerning from the initial servicecontract would be difficult for technical or economic reasons and cause significant inconvenience to the entity. However, 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 total value of contracts awarded for the 7 It is the understanding that "existing equipment" includes software to the winner extent that the initial procurement 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 supplierssoftware was covered by this Chapter.

Limited Tendering. 1. Subject to the conditions established in paragraph 2 when using the limited tendering procedure, a procuring Aprocuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided use limited tendering, provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among against the suppliers of another the other Party or protection to domestic producers or suppliers. When a procuring entity applies limited tendering, entities it may award their public contracts by choose, according to the nature of the procurement, not to apply Articles 17.7 through 17.14. 2. Subject to paragraph 1, a procuring entity may use limited tendering procedure in only under the following casesconditions: (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 modifiedmodified in the contract as awarded: (i) no tenders were submitted or no suppliers requested participation; (ii) all tenders submitted have been collusive; (iii) no tenders were submitted that conform to the essential requirements in the tender documentation; or (iv) no suppliers satisfied the conditions for participation; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the goods or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable or unforeseen by the procuring entity, the products goods 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 of goods or services, or its authorised representative, that were not included in the initial procurement where a change of supplier would compel the entity to procure equipment for such additional goods or services services: (i) cannot meeting be made for economic or technical reasons such as requirements of interchangeability or interoperability with already existing equipment equipment, software, services or servicesinstallations; or (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (e) when an a procuring entity procures prototypes a prototype or a first product good or service which are that is intended for limited trial or that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;; Note: 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. (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 thereinfor goods purchased on a commodity market; (g) for purchases made under exceptionally advantageous conditions which only arise in the very short term such as from unsolicited innovative proposals, unusual disposals, or disposal of assets of businesses in liquidation, bankruptcy or receivership and not routine purchases from regular suppliers; (h) in the case of contracts awarded to the winner of a design contest provided that the contest has been organised in a manner which is consistent with the principles of this Chapter and the contest is judged by an independent jury with a view to design contracts being awarded to the winner; or (i) for new construction services consisting of the repetition of similar construction services that conform to a basic project for which an initial contract was awarded following open tendering or selective tendering in accordance with this Chapter and for which the procuring entity has indicated in the notice of intended procurement concerning the initial construction service, that limited tendering procedures might be used in awarding contracts for such new those construction services;. (h) for products purchased 3. Procuring entities shall prepare a report in writing on each contract awarded under this Article. Each report shall contain the name of the procuring entity, value and kind of goods or services procured, and a commodity market; (i) statement of the conditions 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 suppliersthis Article which prevailed.

Limited Tendering. 1. Subject to The provisions of Articles VII through XIV governing open and selective tendering procedures need not apply in the conditions established in paragraph 2 when using the limited tendering procedurefollowing conditions, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another Party other Parties 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 in the absence of tenders have been submitted in response to an open or selective tender, or when the tenders submitted have been collusive, or not in conformity with the essential requirements in the tender, or from suppliers who do not comply with the conditions for participation provided for in accordance with this Agreement, on condition condition, however, that the requirements of the initial tender are not substantially modifiedmodified in the contract as awarded; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the products or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseen unforeseeable 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 which are intended either as parts replacement for existing supplies, or installations, or as the extension of existing supplies, services, or installations where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment or servicesservices5; (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, 5 It is the understanding that "existing equipment" includes software to the extent that the initial procurement of the software was covered by the Agreement. study or original development;. When such contracts have been fulfilled, subsequent procurements of products or services shall be subject to Articles VII through XIV6 (f) when additional construction 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 construction services described therein, and the entity needs to award contracts for the additional construction services to the contractor carrying out the construction services concerned since the separation of the additional construction services from the initial contract would be difficult for technical or economic reasons and cause significant inconvenience to the entity. However, the total value of contracts awarded for the additional construction services may not exceed 50 per cent of the amount of the main contract; (g) for new construction services consisting of the repetition of similar construction services which conform to a basic project for which an initial contract was awarded in accordance with Articles VII through XIV and for which the entity has indicated in the notice of intended procurement concerning the initial construction service, that limited tendering procedures might be used in awarding contracts for such new construction services; (h) for products purchased on a commodity market; (i) for purchases made under exceptionally advantageous conditions which only arise in the very short term. This provision is intended to cover unusual disposals by firms which are not normally suppliers, or disposal of assets of businesses in liquidation or receivership. It is not intended to cover routine purchases from regular suppliers; WTO - Internal (j) in the case of contracts awarded to the winner of a design contest; contest provided that the contest has been organized in a manner which is consistent with the principles of this Agreement, notably as regards the publication, in the case sense of several successful candidatesArticle IX, successful candidates shall be invited of an invitation to suitably qualified suppliers, to participate in such a contest which shall be judged by an independent jury with a view to design contracts being awarded to the negotiations as specified winners. 2. Entities shall prepare a report in writing on each contract awarded under the notice provisions of paragraph 1. Each report shall contain the name of the procuring entity, value and kind of goods or services procured, country of origin, and a statement of the tender documents; (j) conditions in this Article which prevailed. This report shall remain with the entities concerned at the disposal of the government authorities responsible for purchases made the entity in order that it may be used if required under exceptionally advantageous conditions that only arise in the very short term in the case procedures of unusual disposals such as those arising from liquidationArticles XVIII, receivershipXIX, or bankruptcy, but not for routine purchases from regular suppliersXX and XXII.

Limited Tendering. 1. Subject to The provisions of Articles 6-07 through 6-14 governing open and selective tendering procedures need not apply in the conditions established in paragraph 2 when using the limited tendering procedurefollowing conditions, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another the other 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 in the absence of tenders have been submitted in response to an open or selective tender, or when the tenders submitted have been collusive, or not in conformity with the essential requirements in the tender, or from suppliers who do not comply with the conditions for participation provided for in accordance with this Chapter, on condition condition, however, that the requirements of the initial tender are not substantially modifiedmodified in the contract as awarded; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the goods or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseen unforeseeable by the entity, the products goods 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 which are intended either as parts replacement for existing supplies, or installations, or as the extension of existing supplies, services, or installations where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment equipment8 or services; (e) when an entity procures prototypes or a first product good or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. When such contracts have been fulfilled, subsequent procurements of goods or services shall be subject to Articles 6-07 through 6-149; (f) when additional construction 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 construction services described therein, and the entity needs to award contracts for the additional construction services to the contractor carrying out the construction services concerned since the separation of the additional construction services from the initial contract would be difficult for technical or economic reasons and cause significant inconvenience to the entity. However, the total value of contracts awarded for the additional construction services may not exceed 50 per cent of the amount of the main contract; (g) for new construction services consisting of the repetition of similar construction services which conform to a basic project for which an initial contract was awarded in accordance with Articles 6-07 through 6-14 and for which the entity has indicated in the notice of intended procurement concerning the initial construction service, that limited tendering procedures might be used in awarding contracts for such new construction services; (h) for products goods purchased on a commodity market; (i) for purchases made under exceptionally advantageous conditions which only arise in the very short term. This provision is intended t o cover unusual disposals by firms which are not normally suppliers, or disposal of assets of businesses in liquidation or receivership. It is not intended to cover routine purchases from regular suppliers; (j) in the case of contracts awarded to the winner of a design contest; contest provided that the contest has been organized in a manner which is consistent with the principles of this Chapter, notably as regards the publication, in the case sense of several successful candidatesArticle 6-09, successful candidates shall be invited of an invitation to suitably qualified suppliers, to participate in such a contest which shall be judged by an independent jury with a view to design contracts being awarded to the negotiations as specified in winners; 8 It is the notice or understanding that "existing equipment" includes software to the tender documents; (j) for purchases made under exceptionally advantageous conditions extent that only arise in the very short term in initial procurement of the case of unusual disposals such as those arising from liquidation, receivership, or bankruptcy, but not for routine purchases from regular supplierssoftware was covered by this Chapter.

Limited Tendering. 1. Subject to The provisions of Articles VII through XIV governing open and selective tendering procedures need not apply in the conditions established in paragraph 2 when using the limited tendering procedurefollowing conditions, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another Party other Parties 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 in the absence of tenders have been submitted in response to an open or selective tender, or when the tenders submitted have been collusive, or not in conformity with the essential requirements in - the tender, or from suppliers who do not comply with the conditions for participation provided for in accordance with this Agreement, on condition condition, however, that the requirements of the initial tender are not substantially modifiedmodified in the contract as awarded; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the products or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseen unforeseeable 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 which are intended either as parts replacement for existing supplies, or installations, or as the extension of existing supplies, services, or installations 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;services5; 5It is the understanding that "existing equipment" includes software to the extent that the initial procurement of the software was covered by the Agreement. (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;. When such contracts have been fulfilled, subsequent procurements of products or services shall be subject to Articles VII through XIV6; 6Original development of a first product or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the product or service is suitable for production or supply in quantity to acceptable quality standards. It does not extend to quantity production or supply to establish commercial viability or to recover research and development costs. (f) when additional construction 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 construction services described therein, and the entity needs to award contracts for the additional construction services to the contractor carrying out the construction services concerned since the separation of the additional construction services from the initial contract would be difficult for technical or economic reasons and cause significant inconvenience to the entity. However, the total value of contracts awarded for the additional construction services may not exceed 50 per cent of the amount of the main contract; (g) for new construction services consisting of the repetition of similar construction services which conform to a basic project for which an initial contract was awarded in accordance with Articles VII through XIV and for which the entity has indicated in the notice of intended procurement concerning the initial construction service, that limited tendering procedures might be used in awarding contracts for such new construction services; (h) for products purchased on a commodity market; (i) for purchases made under exceptionally advantageous conditions which only arise in the very short term. This provision is intended to cover unusual disposals by firms which are not normally suppliers, or disposal of assets of businesses in liquidation or receivership. It is not intended to cover routine purchases from regular suppliers; (j) in the case of contracts awarded to the winner of a design contest; contest provided that the contest has been organized in a manner which is consistent with the principles of this Agreement, notably as regards the publication, in the case sense of several successful candidatesArticle IX, successful candidates shall be invited of an invitation to suitably qualified suppliers, to participate in such a contest which shall be judged by an independent jury with a view to design contracts being awarded to the negotiations as specified winners. 2. Entities shall prepare a report in writing on each contract awarded under the notice provisions of paragraph 1. Each report shall contain the name of the procuring entity, value and kind of goods or services procured, country of origin, and a statement of the tender documents; (j) conditions in this Article which prevailed. This report shall remain with the entities concerned at the disposal of the government authorities responsible for purchases made the entity in order that it may be used if required under exceptionally advantageous conditions that only arise in the very short term in the case procedures of unusual disposals such as those arising from liquidationArticles XVIII, receivershipXIX, or bankruptcy, but not for routine purchases from regular suppliersXX and XXII.

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 contract. apply 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 services; services 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.

Limited Tendering. 1. Subject to the conditions established in paragraph 2 when using the limited tendering procedure, a A procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided use limited tendering, provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among against the suppliers of another the other Party or protection to domestic producers or suppliers. When a procuring entity applies limited tendering, entities it may award their public contracts by choose, according to the nature of the procurement, not to apply Articles 17.7 through 17.14. 2. Subject to paragraph 1, a procuring entity may use limited tendering procedure in only under the following casesconditions: (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 modifiedmodified in the contract as awarded: (i) no tenders were submitted or no suppliers requested participation; (ii) all tenders submitted have been collusive; (iii) no tenders were submitted that conform to the essential requirements in the tender documentation; or (iv) no suppliers satisfied the conditions for participation; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the goods or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable or unforeseen by the procuring entity, the products goods 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 of goods or services, or its authorised representative, that were not included in the initial procurement where a change of supplier would compel the entity to procure equipment for such additional goods or services services: (i) cannot meeting be made for economic or technical reasons such as requirements of interchangeability or interoperability with already existing equipment equipment, software, services or servicesinstallations; or (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (e) when an a procuring entity procures prototypes a prototype or a first product good or service which are that is intended for limited trial or that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;; Note: 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. (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 thereinfor goods purchased on a commodity market; (g) for purchases made under exceptionally advantageous conditions which only arise in the very short term such as from unsolicited innovative proposals, unusual disposals, or disposal of assets of businesses in liquidation, bankruptcy or receivership and not routine purchases from regular suppliers; (h) in the case of contracts awarded to the winner of a design contest provided that the contest has been organised in a manner which is consistent with the principles of this Chapter and the contest is judged by an independent jury with a view to design contracts being awarded to the winner; or (i) for new construction services consisting of the repetition of similar construction services that conform to a basic project for which an initial contract was awarded following open tendering or selective tendering in accordance with this Chapter and for which the procuring entity has indicated in the notice of intended procurement concerning the initial construction service, that limited tendering procedures might be used in awarding contracts for such new those construction services;. (h) for products purchased 3. Procuring entities shall prepare a report in writing on each contract awarded under this Article. Each report shall contain the name of the procuring entity, value and kind of goods or services procured, and a commodity market; (i) statement of the conditions 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 suppliersthis Article which prevailed.

Limited Tendering. 1. Subject to The provisions of Articles VII through XIV governing open and selective tendering procedures need not apply in the conditions established in paragraph 2 when using the limited tendering procedurefollowing conditions, a procuring entity may choose not to publish a contract notice prior to the award of the procurement contract. 2. Provided provided that limited tendering is not used with a view to avoid avoiding maximum possible competition or in a manner which would constitute a means of discrimination among suppliers of another Party other Parties 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 in the absence of tenders have been submitted in response to an open or selective tender, or when the tenders submitted have been collusive, or not in conformity with the essential requirements in the tender, or from suppliers who do not comply with the conditions for participation provided for in accordance with this Agreement, on condition condition, however, that the requirements of the initial tender are not substantially modifiedmodified in the contract as awarded; (b) wherewhen, for technical or artistic reasons, works of art or for reasons connected with protection of exclusive rights, such as patents or copyrights, or in the contract may absence of competition for technical reasons, the products or services can be performed supplied only by a particular supplier and no reasonable alternative or substitute exists; (c) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseen unforeseeable 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 which are intended either as parts replacement for existing supplies, or installations, or as the extension of existing supplies, services, or installations 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;services 5; 5It is the understanding that "existing equipment" includes software to the extent that the initial procurement of the software was covered by the Agreement. (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. When such contracts have been fulfilled, subsequent procurements of products or services shall be subject to Articles VII through XIV 6; (f) when additional construction 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 construction services described therein, and the entity needs to award contracts for the additional construction services to the contractor carrying out the construction services concerned since the separation of the additional construction services from the initial contract would be difficult for technical or economic reasons and cause significant inconvenience to the entity. However, the total value of contracts awarded for the additional construction services may not exceed 50 per cent of the amount of the main contract; (g) for new construction services consisting of the repetition of similar construction services which conform to a basic project for which an initial contract was awarded in accordance with Articles VII through XIV and for which the entity has indicated in the notice of intended procurement concerning the initial construction service, that limited tendering procedures might be used in awarding contracts for such new construction services; (h) for products purchased on a commodity market; (i) for purchases made under exceptionally advantageous conditions which only arise in the very short term. This provision is intended to cover unusual disposals by firms which are not normally suppliers, or disposal of assets of businesses in liquidation or receivership. It is not intended to cover routine purchases from regular suppliers; (j) in the case of contracts awarded to the winner of a design contest; contest provided that the contest has been organized in a manner which is consistent with the principles of this Agreement, notably as regards the publication, in the case sense of several successful candidatesArticle IX, successful candidates shall be invited of an invitation to suitably qualified suppliers, to participate in such a contest which shall be judged by an independent jury with a view to design contracts being awarded to the negotiations as specified winners. 6Original development of a first product or service may include limited production or supply in order to incorporate the notice results of field testing and to demonstrate that the product or service is suitable for production or supply in quantity to acceptable quality standards. It does not extend to quantity production or supply to establish commercial viability or to recover research and development costs. 2. Entities shall prepare a report in writing on each contract awarded under the tender documents; (j) provisions of paragraph 1. Each report shall contain the name of the procuring entity, value and kind of goods or services procured, country of origin, and a statement of the conditions in this Article which prevailed. This report shall remain with the entities concerned at the disposal of the government authorities responsible for purchases made the entity in order that it may be used if required under exceptionally advantageous conditions that only arise in the very short term in the case procedures of unusual disposals such as those arising from liquidationArticles XVIII, receivershipXIX, or bankruptcy, but not for routine purchases from regular suppliersXX and XXII.