Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 18.19

    • Article 1015: Submission, Receipt and Opening of Tenders and Awarding of Contracts

    1. An entity shall use procedures for the submission, receipt and opening of tenders and the awarding of contracts that are consistent with the following:

  • Tenders shall normally be submitted in writing directly or by mail;

    •  

  • Where tenders by telex, telegram, telecopy or other means of electronic transmission are permitted, the tender made thereby must include all the information necessary for the evaluation of the tender, in particular the definitive price proposed by the supplier and a statement that the supplier agrees to all the terms and conditions of the invitation to tender;

    •  

  • A tender made by telex, telegram, telecopy or other means of electronic transmission must be confirmed promptly by letter or by the dispatch of a signed copy of the telex, telegram, telecopy or electronic message;

    •  

  • The content of the telex, telegram, telecopy or electronic message shall prevail where there is a difference or conflict between that content and the content of any documentation received after the time limit for submission of tenders;

    •  

  • Tenders presented by telephone shall not be permitted;

    •  

  • Requests to participate in selective tendering procedures may be submitted by telex, telegram or telecopy and if permitted, may be submitted by other means of electronic transmission; and

    •  

  • The opportunities that may be given to suppliers to correct unintentional errors of form between the opening of tenders and the awarding of the contract shall not be administered in a manner that would result in discrimination between suppliers.

    • In this paragraph, "means of electronic transmission" consists of means capable of producing for the recipient at the destination of the transmission a printed copy of the tender.

    2. No entity may penalize a supplier whose tender is received in the office designated in the tender documentation after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the entity. An entity may also consider, in exceptional circumstances, tenders received after the time specified for receiving tenders if the entity's procedures so provide.

    3. All tenders solicited by an entity under open or selective tendering procedures shall be received and opened under procedures and conditions guaranteeing the regularity of the opening of tenders. The entity shall retain the information on the opening of tenders. The information shall remain at the disposal of the competent authorities of the Party for use, if required, under Article 1017 (TLCAN: Art. 1017), Article 1019 (TLCAN: Art. 1019) or Chapter Twenty (Institutional Arrangements and Dispute Settlement Procedures).

    4. An entity shall award contracts in accordance with the following:

  • To be considered for award, a tender must, at the time of opening, conform to the essential requirements of the notices or tender documentation and have been submitted by a supplier that complies with the conditions for participation;

    •  

  • If the entity has received a tender that is abnormally lower in price than other tenders submitted, the entity may inquire of the supplier to ensure that it can comply with the conditions of participation and is or will be capable of fulfilling the terms of the contract;

    •  

  • Unless the entity decides in the public interest not to award the contract, the entity shall make the award to the supplier that has been determined to be fully capable of undertaking the contract and whose tender is either the lowest-priced tender or the tender determined to be the most advantageous in terms of the specific evaluation criteria set out in the notices or tender documentation;

    •  

  • Awards shall be made in accordance with the criteria and essential requirements specified in the tender documentation; and

    •  

  • Option clauses shall not be used in a manner that circumvents this Chapter.

    • 5. No entity of a Party may make it a condition of the awarding of a contract that the supplier has previously been awarded one or more contracts by an entity of that Party or that the supplier has prior work experience in the territory of that Party.

    6. An entity shall:

  • On request, promptly inform suppliers participating in tendering procedures of decisions on contract awards and, if so requested, inform them in writing; and

    •  

  • On request of a supplier whose tender was not selected for award, provide pertinent information to that supplier concerning the reasons for not selecting its tender, the relevant characteristics and advantages of the tender selected and the name of the winning supplier.

    • 7. No later than 72 days after the award of a contract, an entity shall publish a notice in the appropriate publication referred to in Annex 1010.1 (TLCAN: Anexo 1010.1) that shall contain the following information:

  • A description of the nature and quantity of goods or services included in the contract;

    •  

  • The name and address of the entity awarding the contract;

    •  

  • The date of the award;

    •  

  • The name and address of each winning supplier;

    •  

  • The value of the contract, or the highest-priced and lowest-priced tenders considered in the process of awarding the contract; and

    •  

  • The tendering procedure used.

    • 8. Notwithstanding paragraphs 1 through 7, an entity may withhold certain information on the award of a contract where disclosure of the information:

  • Would impede law enforcement or otherwise be contrary to the public interest;

    •  

  • Would prejudice the legitimate commercial interest of a particular person; or

    •  

  • Might prejudice fair competition between suppliers.

    •