Common use of Scope and Coverage Clause in Contracts

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘covered procurement’ means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in Annex III; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy; (c) for which the value equals or exceeds the relevant threshold specified in Annex III, at the time of publication of a notice in accordance with Article 124; (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8. 3. Except where provided otherwise in Annex III, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies for each Party the following information: (a) in Part 1, the central government entities whose procurement is covered by this Chapter; (b) in Part 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (f) in Part 6, the construction services covered by this Chapter; and (g) in Part 7, any General Notes. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall apply mutatis mutandis to such requirements.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘“covered procurement’ ” means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in each Party's specific commitments set out in Annex IIIXIII (Covered Entities); and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: including purchase; , lease; and , rental or hire purchase, with or without an option to buy; (c) for which the value value, as estimated in accordance with paragraphs 3 and 4, as appropriate, equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex III, at the time of publication of a notice in accordance with Article 124XIII (Covered Entities); (d) that is conducted by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 of this Article or subject to the conditions specified in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8XIII (Covered Entities) and XIV (General Notes). 32. Except where provided otherwise in Annex III, this This Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party Party, including a government enterprise, provides, including cooperative co-operative agreements, grants, loans, subsidies, equity infusions, guarantees guarantees, and fiscal incentives; (cb) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions institutions, or services related to the sale, redemption and distribution of public debtdebt1, including loans and government bonds, notes and other securities; (d) public employment contracts; (ec) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter; (d) contracts awarded pursuant to: (i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; or (ii) an international agreement relating to the stationing of troops; (e) public employment contracts and related employment measures; or (f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon. 43. Annex III specifies In estimating the value of a procurement for each Party the following informationpurpose of ascertaining whether it is a covered procurement, a procuring entity shall: (a) in Part 1neither divide a procurement into separate procurements, nor use a particular method for estimating the central government entities whose value of a procurement is covered by for the purpose of avoiding the application of this Chapter; (b) in Part 2take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the sub-central government entities whose total maximum value of the procurement, inclusive of optional purchases; and (c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration. 1 For greater certainty, this Chapter does not apply to procurement of banking, financial, or specialised services related to the incurring of public indebtedness or public debt management. 4. Where the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (f) in Part 6, the construction services covered by this Chapter; and (g) in Part 7, any General Notes. 5. Where Nothing in this Chapter shall prevent a procuring entityParty from developing new procurement policies, in the context of covered procurementprocedures or contractual means, requires persons not covered under Annex III to procure in accordance provided that they are consistent with particular requirements, Article 122 shall apply mutatis mutandis to such requirementsthis Chapter.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘"covered procurement’ " means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in each Party's Appendices to Annex IIIXVII (Government Procurement); and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: including purchase; , lease; and , rental or hire purchase, with or without an option to buybuy and public works concessions; (c) for which the value value, as estimated in accordance with the rules specified in Appendix 9 to Annex XVII (Government Procurement) equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex III, XVII (Government Procurement) at the time of publication of a notice in accordance with Article 1246.10 (Notices); (d) by a procuring entity; and (e) that which is not otherwise excluded from coverage in pursuant to paragraph 3 of this Article 2 or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8XVII (Government Procurement). 32. Except where provided otherwise in Annex III, this This Chapter does shall not apply to: (a) the acquisition or rental of land, existing buildings buildings, or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or or (d) services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; ; (d) public employment contracts;13) (e) public employment contracts and related measures; procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the a particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies for each Party the following informationto: (a) in Part 1, the central government entities whose procurement is covered by this Chapter; (b) in Part 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (f) in Part 6, the construction services covered by this Chapter; and (g) in Part 7, any General Notes. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall apply mutatis mutandis to such requirements.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘"covered procurement’ " means procurement for governmental purposesgovernment procurement: (a) of goods, services, or any combination thereof: (i) , as specified in Annex III; and Annexes 9-A (iiCoverage of Government Procurement for the Union) not procured with a view to commercial sale or resale, or and 9-B (Coverage of Government Procurement for use in the production or supply of goods or services for commercial sale or resaleViet Nam); (b) by any contractual means, including: including purchase; , lease; , and rental or hire purchaserental, with or without an option to buy; (c) for which the value value, as estimated in accordance with paragraphs 6 and 7, equals or exceeds the relevant threshold specified in each Party's Annex IIIto this Chapter, at the time of publication of a notice in accordance with Article 124; 9.6 (d) by a procuring entityNotices); and (ed) that is not otherwise excluded from coverage in paragraph 3 3, or each Party's Annex to this Chapter, or by the effect of any other relevant parts of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8Agreement. 3. Except where provided otherwise in each Party's Annex IIIto this Chapter, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party Party, including its procuring entities, provides, including cooperative agreements, grants, subsidies, loans, equity infusions, guarantees and guarantees, fiscal incentives, and contributions in kind; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts;; and (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international organisation or funded by international or foreign grants, loans or other assistance where the recipient Party, including its procuring entities, is bound to apply particular procedures or conditions imposed by the international organisation or other donors for the benefit of their international or foreign grants, loans or other assistance. Where the procedures or conditions of the international organisation or donor do not restrict the participation of suppliers, the procurement shall be subject to paragraphs 1 and 2 of Article 9.4 (General Principles); or (iii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies 9-A (Coverage of Government Procurement for the Union) and Annex 9-B (Coverage of Government Procurement for Viet Nam) specify in its Sections for each Party the following information: (a) in Part 1Section A, the central government entities whose procurement is covered by this Chapter; (b) in Part 2Section B, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3Section C, all other entities whose procurement is covered by this Chapter; (d) in Part 4Section D, the goods covered by this Chapter; (e) in Part 5Section E, the services, other than construction services, covered by this Chapter; (f) in Part 6Section F, the construction services covered by this Chapter; and; (g) in Part 7Section G, any General Notesgeneral notes; and (h) in Section H, the means for publishing the procurement information. 5. Where Transitional measures for the application of this Chapter are set out in Section I (Transitional Measures) of Annex 9-B (Coverage of Government Procurement for Viet Nam). 6. If the domestic legislation of a Party allows a covered procurement to be carried out on behalf of the procuring entity, in the context of covered procurement, requires entity by other entities or persons whose procurement is not covered under Annex III with respect to procure in accordance with particular requirementsthe goods and services concerned, Article 122 shall apply mutatis mutandis to such requirementsthe provisions of this Chapter equally apply.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘covered procurement’ procurement means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in Annex IIIeach Party's Sub-Annexes of Appendix I of ANNEX 1 to this Agreement; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: including purchase; , lease; , and rental or hire purchase, with or without an option to buy; (c) for which the value equals or exceeds the relevant threshold specified in Annex IIIeach Party's Sub-Annexes of Appendix I of ANNEX 1 to this Agreement, at the time of publication of a notice in accordance with Article 12445; (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8coverage. 32. Except where provided otherwise in Annex IIIprovided, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository depositary services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or; (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 43. Annex III specifies for each Each Party shall define and specify the following informationinformation in its Sub-Annexes of Appendix I of ANNEX 1 to this Agreement: (a) in Part In Sub-Annex 1, the central government entities whose procurement is covered by this Chapter; (b) in Part In Sub-Annex 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (dc) in Part 4, the goods covered by this Chapter; (e) in Part 5In Sub-Annex 3, the services, other than construction services, covered by this Chapter; (fd) in Part 6In Sub-Annex 4, the construction services covered by this Chapter; and; (ge) in Part 7In Sub-Annex 5, any General Notes. 54. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III a Party's Sub-Annexes of Appendix I of ANNEX 1 to this Agreement to procure in accordance with particular requirements, Article 122 43 shall apply mutatis mutandis to such requirements. 5. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter. 6. Nothing in this Chapter shall be construed to prevent any Party from taking any action or not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes. 7. Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent any Party from imposing or enforcing measures: (a) necessary to protect public morals, order or safety; (b) necessary to protect human, animal or plant life or health; (c) necessary to protect intellectual property; or (d) relating to goods or services of persons with disabilities, philanthropic institutions or prison labour.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes purpose of this Chapter, ‘"covered procurement’ " means a procurement for governmental purposes: (a) purposes of goods, services, or any combination thereof: (i) as specified in Annex III; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (ba) by any contractual means, including: including purchase; , lease; and , rental or hire purchase, with or without an option to buy; (cb) for which the value value, as estimated in accordance with paragraphs 4 and 5 as appropriate, equals or exceeds the relevant threshold specified in Appendices 1 through 3 to Annex III, at the time of publication of a notice in accordance with Article 124XIX (Covered Entities); (dc) that is conducted by a procuring entity; and (ed) that is not otherwise excluded from coverage subject to the conditions specified in paragraph 3 of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8Annexes XIX (Covered Entities) and XX (General Notes). 3. Except where provided otherwise in Annex III, this This Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party Party, including a government enterprise, provides, including cooperative co-operative agreements, grants, loans, subsidies, equity infusions, guarantees guarantees, and fiscal incentives; (cb) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions institutions, or services related to the sale, redemption and distribution of public debtdebt (17), including loans and government bonds, notes and other securities; (d) public employment contracts; (ec) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter.; (d) contracts awarded pursuant to: (i) an international agreement and intended for the joint implementation or exploitation of a project by the contracting parties; (ii) an international agreement relating to the stationing of troops; (e) public employment contracts and related employment measures; and (f) the acquisition or rental of land, existing buildings, or other immovable property or the rights thereon Valuation 4. Annex III specifies In estimating the value of a procurement for each Party the following informationpurpose of ascertaining whether it is a covered procurement, a procuring entity shall: (a) in Part 1, neither divide a procurement into separate procurements nor use a particular method for estimating the central government entities whose value of a procurement is covered by for the purpose of avoiding the application of this Chapter; (b) in Part 2take into account all forms of remuneration, including any premiums, fees, commissions, interest, other revenue streams that may be provided for under the contract and, where the procurement provides for the possibility of option clauses, the sub-central government entities whose procurement is covered by this Chapter;total maximum value of the procurement, inclusive of optional purchases; and (c) in Part 3, all other entities whose where the procurement is covered by this Chapter; (d) to be conducted in Part 4multiple parts, with contracts to be awarded at the goods covered by this Chapter; (e) in Part 5same time or over a given period to one or more suppliers, base its calculation on the services, other than construction services, covered by this Chapter; (f) in Part 6, total maximum value of the construction services covered by this Chapter; and (g) in Part 7, any General Notesprocurement over its entire duration. 5. Where the total estimated maximum value of a procuring entityprocurement over its entire duration is not known, the procurement shall be covered by this Chapter. 6. Nothing in the context of covered procurementthis Chapter shall prevent a Party from developing new procurement policies, requires persons not covered under Annex III to procure in accordance procedures or contractual means, provided that they are consistent with particular requirements, Article 122 shall apply mutatis mutandis to such requirementsthis Chapter.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure law, regulation, procedure or practice regarding any procurement by entities covered procurement, whether or not it is conducted exclusively or partially by electronic meansthis Chapter subject to the conditions specified by each Party in its respective Annexes. 2. For the purposes of this Chapter, ‘covered procurement’ means This Chapter applies to procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in Annex III; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: purchase; including through such methods as purchase or as lease; and , rental or hire purchase, with or without an option to buy;, of goods or services (including construction services), or any combination of goods and services. (c) for which the 3. This Chapter applies to any procurement contract of a value equals or exceeds of not less than the relevant threshold specified in Annex III8A. 4. All entities, goods and services not listed in Annex 8A are not covered under this Chapter. 5. No entity may prepare, design, assign or otherwise structure or divide, at any stage of the time of publication of a notice procurement, any procurement in accordance with Article 124; (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 order to avoid the obligations of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8Chapter. 36. Except where provided otherwise in a Party's Annex III8A, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings buildings, or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees guarantees, and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions institutions, or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies for each Party the following information: (a) in Part 1, the central government entities whose procurement is covered by this Chapter; (b) in Part 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter;Agreement; and (f) contracts awarded pursuant to all government procurement in Part 6goods, services and construction that will be executed in or for the construction services covered by this Chapter; and (g) benefits of the two Holy Cities of Makkah and Medina in Part 7, any General Notesthe Kingdom of Saudi Arabia. 57. Where a procuring entityThe provisions of this Chapter do not affect the rights and obligations provided for in Chapter 2 (Trade in Goods), and Chapter 5 (Trade in the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall apply mutatis mutandis to such requirementsServices).

Scope and Coverage. Application of this ChapterAgreement 1. This Chapter Agreement applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this ChapterAgreement, ‘covered procurement’ procurement means procurement for governmental purposes: (a) a. of goods, services, or any combination thereof: (i) i. as specified in Annex IIIeach Party’s annexes to Appendix I; and (ii) . not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) b. by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy; (c) c. for which the value value, as estimated in accordance with paragraphs 6 through 8, equals or exceeds the relevant threshold specified in Annex IIIa Party’s annexes to Appendix I, at the time of publication of a notice in accordance with Article 124VII; (d) d. by a procuring entity; and (e) e. that is not otherwise excluded from coverage in paragraph 3 of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 Party’s annexes to 8.Appendix I. 3. Except where provided otherwise in Annex IIIa Party’s annexes to Appendix I, this Chapter Agreement does not apply to: (a) a. the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) b. non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) c. the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) d. public employment contracts; (e) e. procurement conducted: (i) i. for the specific purpose of providing international assistance, including development aid; (ii) . under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) . under the particular procedure or condition of an international organisationorganization, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this ChapterAgreement. 4. Annex III specifies for each Each Party shall specify the following informationinformation in its annexes to Appendix I: (a) a. in Part Annex 1, the central government entities whose procurement is covered by this ChapterAgreement; (b) b. in Part Annex 2, the sub-central government entities whose procurement is covered by this ChapterAgreement; (c) c. in Part Annex 3, all other entities whose procurement is covered by this ChapterAgreement; (d) d. in Part Annex 4, the goods covered by this ChapterAgreement; (e) e. in Part Annex 5, the services, other than construction services, covered by this ChapterAgreement; (f) f. in Part Annex 6, the construction services covered by this ChapterAgreement; and (g) g. in Part Annex 7, any General Notes. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III a Party’s annexes to Appendix I to procure in accordance with particular requirements, Article 122 IV shall apply mutatis mutandis to such requirements.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘“covered procurement’ ” means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified for each Party in Annex IIIthe Sub-Annexes of Appendix I of ANNEX 1 to this Agreement; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: including purchase; , lease; , and rental or hire purchase, with or without an option to buy; (c) for which the value equals or exceeds the relevant threshold specified for each Party in Annex IIIthe Sub-Annexes of Appendix I of ANNEX 1 to this Agreement, at the time of publication of a notice in accordance with Article 12445; (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 of this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8coverage. 32. Except where provided otherwise in Annex IIIprovided, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository depositary services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 43. Annex III specifies for each Each Party shall define and specify the following informationinformation in the Sub-Annexes of Appendix I of ANNEX 1 to this Agreement: (a) in Part Sub-Annex 1, the central government entities whose procurement is covered by this Chapter; (b) in Part Sub-Annex 2, the sub-central government all other entities whose procurement is covered by this Chapter; (c) in Part Sub-Annex 3, all other entities whose procurement is the goods covered by this Chapter; (d) in Part Sub-Annex 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (fe) in Part 6Sub-Annex 5, the construction services covered by this Chapter; and; (gf) in Part 7Sub-Annex 6, any General Notesgeneral notes and derogations from the provisions of this Chapter. 54. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III the Sub-Annexes of Appendix I of ANNEX 1 to this Agreement to procure in accordance with particular requirements, Article 122 43 shall apply mutatis mutandis to such requirements. 5. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter. 6. Nothing in this Chapter shall be construed to prevent a Party from taking any action or not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes. 7. Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail or a disguised restriction on international trade between the Parties, nothing in this Chapter shall be construed to prevent a Party from imposing or enforcing measures: (a) necessary to protect public morals, order or safety; (b) necessary to protect human, animal or plant life or health; (c) necessary to protect intellectual property; or (d) relating to goods or services of persons with disabilities, philanthropic institutions or prison labour.

Scope and Coverage. Application application of this Chapter 1. This Chapter applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘covered procurement’ means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in Annex annex III; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy; (c) for which the value equals or exceeds the relevant threshold specified in Annex annex III, at the time of publication of a notice in accordance with Article article 124; (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 of this Article article or in Annex annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8. 3. Except where provided otherwise in Annex annex III, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex annex III specifies for each Party the following information: (a) in Part 1, the central government entities whose procurement is covered by this Chapter; (b) in Part 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (f) in Part 6, the construction services covered by this Chapter; and (g) in Part 7, any General Notes. 5. Where where a procuring entity, in the context of covered procurement, requires persons not covered under Annex annex III to procure in accordance with particular requirements, Article article 122 shall apply mutatis mutandis to such requirements.

Scope and Coverage. Application of this ChapterAgreement 1. This Chapter applies to any measure regarding relating to a covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘covered procurement’ procurement means procurement for governmental purposes: (a) of goodsa good, servicesa service, or any combination thereof: (i) as specified in Annex IIIeach Party's Schedule for this Chapter; and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods a good or services a service for commercial sale or resale; (b) by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy; (c) for which the value value, as estimated in accordance with paragraphs 6 through 8, equals or exceeds the relevant threshold specified in Annex IIIa Party's Schedule for this Chapter, at the time of publication of a notice in accordance with Article 1246; (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in paragraph 3 of or a Party's Schedule for this Article or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8Chapter. 3. Except where as otherwise provided otherwise in Annex IIIa Party's Schedule for this Chapter, this Chapter does not apply to: (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where if the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies for A procurement subject to this Chapter shall be all procurement covered by the Schedules of ESA 5 and the European Union, in which each Party the following informationParty's commitments are set out as follows: (a) in Part Section 1, the central government entities whose procurement is covered by this Chapter; (b) in Part Section 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part Section 3, all other entities whose procurement is covered by this Chapter; (d) in Part Section 4, the goods covered by this Chapter; (e) in Part Section 5, the services, other than construction services, covered by this Chapter; (f) in Part Section 6, the construction services covered by this Chapter; and (g) in Part Section 7, any General Notes (h) in Section 8, the media in which the Party publishes its procurement notices, award notices, and other information related to its public procurement system as set out in this Chapter. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall apply mutatis mutandis to such requirements.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘“covered procurement’ ” means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in Appendices 1 to 7 and 12 to Annex IIIXIII (Government Procurement); and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: including purchase; , lease; and , rental or hire purchase, with or without an option to buy, and public works concessions as specified in Appendix 7 to Annex XIII (Government Procurement); (c) for which the value value, as estimated in accordance with the rules specified in Appendix 10 to Annex XIII (Government Procurement) equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex III, XIII (Government Procurement) at the time of publication of a notice in accordance with Article 12480 (Notices); (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in pursuant to paragraph 3 of this Article 2 or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8XIII (Government Procurement). 32. Except where provided otherwise in Annex III, this This Chapter does shall not apply to: (a) the acquisition or rental of land, existing buildings buildings, or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and guarantees, fiscal incentives, subsidies and sponsorships agreements; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the a particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies for each Party the following information: (a) in Part 1, the central government entities whose procurement is covered by this Chapter; (b) in Part 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (f) in Part 6, the construction services covered by this Chapter; and (g) in Part 7, any General Notes. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall apply mutatis mutandis to such requirements.

Scope and Coverage. Application of this Chapter 1. This Chapter applies to any measure of a Party regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, ‘“covered procurement’ ” means procurement for governmental purposes: (a) of goods, services, or any combination thereof: (i) as specified in Appendices 1 to 7 and 12 to Annex IIIXIII (Government Procurement); and (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale; (b) by any contractual means, including: including purchase; , lease; and , rental or hire purchase, with or without an option to buy, and public works concessions as specified in Appendix 7 to Annex XIII (Government Procurement); (c) for which the value value, as estimated in accordance with the rules specified in Appendix 10 to Annex XIII (Government Procurement) equals or exceeds the relevant threshold specified in Appendices 1 to 3 to Annex III, XIII (Government Procurement) at the time of publication of a notice in accordance with Article 12480 (Notices); (d) by a procuring entity; and (e) that is not otherwise excluded from coverage in pursuant to paragraph 3 of this Article 2 or in Annex III. If the value of a procurement is uncertain, it shall be estimated in accordance with paragraphs 6 to 8XIII (Government Procurement). 32. Except where provided otherwise in Annex III, this This Chapter does shall not apply to: (a) the acquisition or rental of land, existing buildings buildings, or other immovable property or the rights thereon; (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and guarantees, fiscal incentives, subsidies and sponsorships agreements; (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities; (d) public employment contracts; (e) procurement conducted: (i) for the specific purpose of providing international assistance, including development aid; (ii) under the a particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or (iii) under the a particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4. Annex III specifies for each Party the following information: (a) in Part 1, the central government entities whose procurement is covered by this Chapter; (b) in Part 2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Part 3, all other entities whose procurement is covered by this Chapter; (d) in Part 4, the goods covered by this Chapter; (e) in Part 5, the services, other than construction services, covered by this Chapter; (f) in Part 6, the construction services covered by this Chapter; and (g) in Part 7, any General Notesfinancial services. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under Annex III to procure in accordance with particular requirements, Article 122 shall apply mutatis mutandis to such requirements.