Common use of Limited Tendering Clause in Contracts

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers or in a manner that discriminates against suppliers of any other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 (Notices of Intended Procurement), Article 15.8 (Conditions for Participation), Article 15.9 (Qualification of Suppliers), Article 15.11 (Negotiations), Article 15.12 (Technical Specifications), Article 15.13 (Tender Documentation), Article 15.14 (Time Periods) or Article 15.15 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate or invitation to tender: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists 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 or its authorised agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement, or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy or receivership, but not for routine purchases from regular suppliers; (h) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised in a manner that is consistent with this Chapter; and (ii) the contest is judged by an independent jury with a view to award a design contract to the winner; or (i) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers or in a manner that discriminates against suppliers of any the other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 Articles 6 (Notices of Intended Procurement), Article 15.8 7 (Conditions for Participation), Article 15.9 8 (Qualification of Suppliers), Article 15.11 10 (Negotiations), Article 15.12 11 (Technical Specifications), Article 15.13 12 (Tender Documentation), Article 15.14 13 (Time Periods) or Article 15.15 14 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate or invitation to tender: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists 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 or its authorised agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement, or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, unsolicited innovative proposals, liquidation, bankruptcy or receivership, but not for routine purchases from regular suppliers; (h) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised in a manner that is consistent with this Chapter; and (ii) the contest is judged by an independent jury with a witha view to award a design contract to the winner; or (i) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers suppliers, or in a manner that discriminates against suppliers of any the other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 13.6 (Notices of Intended Procurement), Article 15.8 13.7 (Conditions for Participation), Article 15.9 13.8 (Qualification of Suppliers), Article 15.11 13.10 (Negotiations), Article 15.12 13.11 (Technical Specifications), Article 15.13 13.12 (Tender Documentation), Article 15.14 13.13 (Time Periods) ), or Article 15.15 13.14 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate participate, or invitation to tender: (i) no tenders were submitted or no suppliers requested participation;, (ii) no tenders were submitted that conform to the essential requirements in the tender documentation;, (iii) no suppliers satisfied the conditions for participation; , or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons: (i) the requirement is for a work of art;, (ii) the protection of patents, copyrights copyrights, or other exclusive rights; , or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier or its authorised authorized agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services services, or installations procured under the initial procurement, or due to conditions under original supplier warranties; , and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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 study, or original development. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy bankruptcy, or receivership, but not for routine purchases from regular suppliers; (hg) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised organized in a manner that is consistent with this Chapter; , and (ii) the contest is judged by an independent jury with a view to award a design contract to the winner; or (ih) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers or in a manner that discriminates against suppliers of any the other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 Articles 6 (Notices of Intended Procurement), Article 15.8 7 (Conditions for Participation), Article 15.9 8 (Qualification of Suppliers), Article 15.11 10 (Negotiations), Article 15.12 11 (Technical Specifications), Article 15.13 12 (Tender Documentation), Article 15.14 13 (Time Periods) or Article 15.15 14 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate or invitation to tender: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists 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 or its authorised agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement, or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, unsolicited innovative proposals, liquidation, bankruptcy or receivership, but not for routine purchases from regular suppliers; (h) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised in a manner that is consistent with this Chapter; and (ii) the contest is judged by an independent jury with a view to award a design contract to the winner; or (i) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose purposes of avoiding competition between suppliers, to protect domestic among suppliers or in a manner that discriminates against suppliers of any the other PartyParty or protects domestic suppliers, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 (Notices of Intended Procurement)14.6, Article 15.8 (Conditions for Participation)14.8, Article 15.9 (Qualification of Suppliers)14.10, Article 15.11 (Negotiations)14.11, Article 15.12 (Technical Specifications)14.12, Article 15.13 (Tender Documentation), Article 15.14 (Time Periods) 14.13 or Article 15.15 (Treatment of Tenders and Awarding of Contracts)14.14. A procuring entity may use limited tendering tendering, only under the following circumstances: (a) if, in response to a prior notice, invitation to participate or invitation to tender: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were collusive. For greater certainty, a Party may provide under its laws and regulations that a declaration that tenders are collusive must be made by a competent authority; provided that the procuring entity does not substantially modify the essential requirements set out in the notices or the tender documentation; (b) if the good goods or service services can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists 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 or its authorised agents, agents of goods or services that were not included in the initial procurement if 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, procurement or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good goods purchased on a commodity market or exchangemarket; (e) if a procuring entity procures a prototype or a first good or service 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. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) insofar as is strictly necessary, if, for purchases made under exceptionally advantageous conditions that only arise reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in the very short term, such as from unusual disposals, liquidation, bankruptcy time by means of open or receivership, but not for routine purchases from regular suppliersselective tendering; (h) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised in a manner that is consistent with this Chapter; and (ii) the contest is participants are judged by an independent jury with a view to award a design contract to the winner; or (i) for purchases made under exceptionally advantageous conditions that only arise in so far the very short term, such as is strictly necessary iffrom unusual disposals, liquidation, bankruptcy or receivership, but not for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tenderingroutine purchases from regular suppliers. 3. For A procuring entity shall prepare a report in writing or maintain a record for each contract awarded in accordance with paragraph 2, a procuring entity . Such report or record shall prepare a report in writing, or maintain a record, that includes include the name of the procuring entity, the value and kind of good goods or service services procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers or in a manner that discriminates against suppliers of any the other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 (Notices of Intended Procurement)14.6, Article 15.8 (Conditions for Participation)14.7, Article 15.9 (Qualification of Suppliers)14.8, Article 15.11 (Negotiations)14.10, Article 15.12 (Technical Specifications)14.11, Article 15.13 (Tender Documentation), Article 15.14 (Time Periods) 14.12 or Article 15.15 (Treatment of Tenders and Awarding of Contracts)14.13. A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate or invitation to tender: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists 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 or its authorised agents, of goods or services that were not included in the initial procurement procurement, if a change of supplier for such additional goods or services: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement, or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, unsolicited innovative proposals, liquidation, bankruptcy or receivership, but not for routine purchases from regular suppliers; (h) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised in a manner that is consistent with this Chapter; and (ii) the contest is judged by an independent jury with a view to award a design contract to the winner; or (i) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers or in a manner that discriminates against suppliers of any other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 11.7 (Notices of Intended ProcurementNotices), Article 15.8 11.8 (Conditions for Participation), Article 15.9 11.9 (Qualification of Suppliers), Article 15.11 11.11 (Negotiations), Article 15.12 11.12 (Technical Specifications), Article 15.13 11.13 (Tender Documentation), Article 15.14 11.14 (Time Periods) ), or Article 15.15 11.15 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate participate, or invitation to tender: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in the tender documentation; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons: (i) the requirement is for a work of art; (ii) the protection of patents, copyrights copyrights, or other exclusive rights; or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier or its authorised agentsagent, of goods good or services service that were not included in the initial procurement if a change of supplier for such additional goods good or servicesservice: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services services, or installations procured under the initial procurement, or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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 study, or original development. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods good or servicesservice, however, shall be subject to this Chapter; (f) if additional construction services service that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services service may not exceed 50 per cent of the value of the initial 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 and for which the entity has indicated in the notice of intended procurement concerning the initial service that limited tendering procedures might be used in awarding contracts for such new services; (h) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy bankruptcy, or receivership, but not for routine purchases from regular suppliers; (hi) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised organized in a manner that is consistent with this Chapter; and (ii) the contest is judged by an independent jury with a view to award a design contract to the winner; or; (ij) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering; or (k) any other circumstances as provided in the respective Party’s laws and regulations. 32. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic suppliers suppliers, or in a manner that discriminates against suppliers of any the other Party, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 15.7 13.6 (Notices of Intended Procurement), Article 15.8 13.7 (Conditions for Participation), Article 15.9 13.8 (Qualification of Suppliers), Article 15.11 13.10 (Negotiations), Article 15.12 13.11 (Technical Specifications), Article 15.13 13.12 (Tender Documentation), Article 15.14 13.13 (Time Periods) ), or Article 15.15 13.14 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering only under the following circumstances: (a) if, in response to a prior notice, invitation to participate participate, or invitation to tender: (i) no tenders were submitted or no suppliers requested participation;, (ii) no tenders were submitted that conform to the essential requirements in the tender documentation;, (iii) no suppliers satisfied the conditions for participation; , or (iv) the tenders submitted were collusive, provided that the procuring entity does not substantially modify the essential requirements set out in the notices or tender documentation; (b) if the good or service can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons: (i) the requirement is for a work of art;, (ii) the protection of patents, copyrights copyrights, or other exclusive rights; , or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier or its authorised authorized agents, of goods or services that were not included in the initial procurement if a change of supplier for such additional goods or services: (i) cannot be made for technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services services, or installations procured under the initial procurement, or due to conditions under original supplier warranties; , and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) for a good purchased on a commodity market or exchange; (e) if a procuring entity procures a prototype or a first good or service 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 study, or original development. Original development of a prototype or 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 prototype or the first 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. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy or receivershipbankruptcy, but not for routine purchases from regular suppliers;or (hg) if a contract is awarded to the winner of a design contest, provided that: (i) the contest has been organised organized in a manner that is consistent with this Chapter; , and (ii) the contest is judged by an independent jury with a view to award a design contract to the winner; or (ih) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition between suppliers, to protect domestic among suppliers or in a manner that discriminates against suppliers of any the other PartyParty or protects domestic suppliers, a procuring entity may use limited tendering. 2. If a procuring entity uses limited tendering, it tendering and may choose, according to the nature of the procurement, choose not to apply Article 15.7 9.6 (Notices of Intended ProcurementNotices), Article 15.8 9.7 (Conditions for Participation), Article 15.9 9.8 (Qualification of Suppliers), paragraphs 8 to 13 of Article 15.11 9.9 (Technical Specifications and Tender Documentation), Article 9.10 (Time Periods), Article 9.11 (Negotiations), Article 15.12 9.13 (Technical SpecificationsElectronic Auctions), and Article 15.13 (Tender Documentation), Article 15.14 (Time Periods) or Article 15.15 9.14 (Treatment of Tenders and Awarding of Contracts). A procuring entity may use limited tendering ) only under any of the following circumstances: (a) if, in response to a prior notice, invitation to participate or invitation to tenderwhere: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders were submitted that conform to the essential requirements in of the tender documentationdocumentation were submitted; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted were have been collusive, ; provided that the procuring entity does requirements of the tender documentation are not substantially modify the essential requirements set out in the notices or tender documentation;modified. (b) if where the good goods or service services can be supplied only by a particular supplier and no reasonable alternative or substitute good goods or service exists 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 or its authorised agents, of goods or and services that were not included in the initial procurement if where a change of supplier for such additional goods or and services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services services, or installations procured under the initial procurement, or due to conditions under original supplier warranties; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) insofar as is strictly necessary where, for a good purchased on a commodity market reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or exchangeservices could not be obtained in time using open tendering or selective tendering; (e) if for goods purchased on a commodity market; (f) where a procuring entity procures a prototype or a first good or service 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. Original development of a prototype or 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 prototype or the first good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production production, or supply to establish commercial viability viability, or to recover research and development costs. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter; (f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term, term in the case of unusual disposals such as those arising from unusual disposals, liquidation, bankruptcy receivership, or receivershipbankruptcy, but not for routine purchases from regular suppliers;; and (h) if where a contract is awarded to the a winner of a design contest, contest provided that: (i) the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and (ii) the contest is participants are judged by an independent jury with a view to award a design contract being awarded to the a winner; or (i) in so far as is strictly necessary if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the good or service could not be obtained in time by means of open or selective tendering. 3. For each contract awarded in accordance with paragraph 2, a procuring entity shall prepare a report in writing, or maintain a record, that includes the name of the procuring entity, the value and kind of good or service procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.