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 among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 14.5, 14.6, 14.7, 14.8, 14.9.1 through 14.9.4, 14.11, and 14.12 only under any of the following circumstances: (a) provided that the requirements of the tender documentation are not substantially modified, where: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders that conform to the essential requirements of the tender documentation were submitted; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted have been collusive; (b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (i) the requirement is for a work of art; (ii) the protection of patents, copyrights, or other exclusive rights; or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement, where a change of supplier for such additional goods or services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering; (e) for goods purchased on a commodity market; (f) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When such a contract has been fulfilled, subsequent procurements of goods or services shall be subject to a procedure consistent with this Chapter; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership, or bankruptcy, but not for routine purchases from regular suppliers; (h) where a contract is awarded to a winner of a design contest, provided that: (i) the contest has been organized in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and (ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner; or (i) where additional construction services, which were not included in the initial contract but were within the objectives of the original tender documentation have, due to unforeseen circumstances, become necessary to complete the construction services described therein. In such cases, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract. 00-00 00-00 2. For each contract awarded under paragraph 1, a procuring entity shall prepare a written report that includes: (a) the name of the procuring entity; (b) the value and kind of goods or services procured; and (c) a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.

Limited Tendering. 1. Provided that it a procuring entity does not use this provision for the purpose of avoiding competition among suppliers to avoid competition, to protect domestic suppliers, or in a manner that discriminates against suppliers of the other Party or protects domestic suppliersParty, a procuring the entity may use limited tendering contact a supplier or suppliers of its choice and may choose not to apply Articles 14.59.4 through 9.7, 14.6, 14.7, 14.8, 14.9.1 through 14.9.4, 14.119.9.1, and 14.12 only under 9.9.3 through 9.9.7 in any of the following circumstances: (a) provided that the requirements of the tender documentation are not substantially modifiedwhere, where: in response to a prior notice or invitation to participate, (i) no tenders were submitted or no suppliers requested participation; submitted, (ii) no tenders were submitted that conform to the essential requirements of in the tender documentation were submitted; documentation, or (iii) no suppliers satisfied the conditions for participation; or (iv) , and the tenders submitted have been collusiveentity does not substantially modify the essential requirements of the procurement; (b) where the goods a good or services service can be supplied only by a particular supplier and no reasonable alternative or substitute goods good or services exist 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 proprietary information, or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries of goods or services by the original supplier of goods that are intended either as replacement parts, extensions, or continuing services that were not included in the initial procurementfor existing equipment, software, services, or installations, where a change of supplier for such additional would compel the procuring entity to procure goods or services: (i) canservices that do not be made for economic or technical reasons such as meet requirements of interchangeability or interoperability with existing equipment, software, services, or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entityinstallations; (d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering; (e) for goods purchased on a commodity market; (fe) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, or original development. When For greater certainty, when such a contract has been fulfilled, subsequent procurements of the goods or services shall be subject to a procedure Articles 9.4 through 9.7 and 9.9; (f) in so far as is strictly necessary, where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services cannot be obtained in time under procedures consistent with this Chapter; (g) for purchases made under exceptionally advantageous conditions that only arise Articles 9.4 through 9.7 and the use of such procedures would result 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; (h) where a contract is awarded to a winner of a design contest, provided that: (i) the contest has been organized in a manner that is consistent with the principles of this Chapter, in particular relating serious injury to the publication of a notice of intended procurement; and (ii) procuring entity or the participants are judged by an independent jury with a view to a design contract being awarded to a winnerrelevant Party; or (ig) where additional construction services, which services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseen unforeseeable circumstances, become necessary to complete the construction services described therein. In such cases, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract. 00-00 00-00 2. For each contract awarded under paragraph 1, a procuring entity shall prepare and, on request, submit to the other Party a written report that includes: (a) the name of the procuring entity; (b) the value and kind of goods or services procured; and (c) a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tenderinga procedure other than open or selective tendering procedures.

Limited Tendering. 1. Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the any other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Articles 14.5VII through IX, 14.6X (paragraphs 7 through 11), 14.7XI, 14.8XII, 14.9.1 through 14.9.4, 14.11, XIV and 14.12 XV only under any of the following circumstances: (a) provided that the requirements of the tender documentation are not substantially modified, where: (i) no tenders were submitted or no suppliers requested participation; (ii) no tenders that conform to the essential requirements of the tender documentation were submitted; (iii) no suppliers satisfied the conditions for participation; or (iv) the tenders submitted have been collusive, provided that the requirements of the tender documentation are not substantially modified; (b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons: (i) the requirement is for a work of art; (ii) the protection of patents, copyrights, copyrights or other exclusive rights; or (iii) due to an absence of competition for technical reasons; (c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement, procurement where a change of supplier for such additional goods or services: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services, services or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity; (d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering; (e) for goods purchased on a commodity market; (f) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study, study or original development. When such Original development of a contract has been fulfilledfirst 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, subsequent procurements of goods but does not include quantity production or services shall be subject supply to a procedure consistent with this Chapterestablish commercial viability or to recover research and development costs; (g) for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership, receivership or bankruptcy, but not for routine purchases from regular suppliers; (h) or where a contract is awarded to a winner of a design contest, contest provided that: (i) the contest has been organized in a manner that is consistent with the principles of this ChapterAgreement, in particular relating to the publication of a notice of intended procurement; and (ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner; or (i) where additional construction services, which were not included . A procuring entity shall prepare a report in the initial contract but were within the objectives of the original tender documentation have, due to unforeseen circumstances, become necessary to complete the construction services described therein. In such cases, the total value of contracts awarded for additional construction services may not exceed 50 percent of the amount of the initial contract. 00-00 00-00 2. For writing on each contract awarded under paragraph 1, a procuring entity . The report shall prepare a written report that includes: (a) include the name of the procuring entity; (b) , the value and kind of goods or services procured; procured and (c) a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.