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ARTICLES

LEGAL RESOURSES

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    • Article 1010: Invitation to Participate

    1. Except as otherwise provided in Article 1016 (TLCAN: Art. 1016), an entity shall publish an invitation to participate for all procurements in accordance with paragraphs 2, 3 and 5, in the appropriate publication referred to in Annex 1010.1 (TLCAN: Anexo 1010.1).

    2. The invitation to participate shall take the form of a notice of proposed procurement that shall contain the following information:

  • A description of the nature and quantity of the goods or services to be procured, including any options for further procurement and, if possible,

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  • An estimate of when such options may be exercised, and

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  • In the case of recurring contracts, an estimate of when the subsequent notices will be issued;

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  • A statement as to whether the procedure is open or selective and whether it will involve negotiation;

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  • Any date for starting or completion of delivery of the goods or services to be procured;

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  • The address to which an application to be invited to tender or to qualify for the suppliers' lists must be submitted, the final date for receiving the application and the language or languages in which it may be submitted;

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  • The address to which tenders must be submitted, the final date for receiving tenders and the language or languages in which tenders may be submitted;

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  • The address of the entity that will award the contract and that will provide any information necessary for obtaining specifications and other documents;

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  • A statement of any economic or technical requirements and of any financial guarantees, information and documents required from suppliers;

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  • The amount and terms of payment of any sum payable for the tender documentation; and

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  • A statement as to whether the entity is inviting offers for purchase, lease or rental, with or without an option to buy.

    • 3. Notwithstanding paragraph 2, an entity listed in Annex 1001.1a-2 (TLCAN: Anexo 1001.1a-2) or 1001.1a-3 (TLCAN: Anexo 1001.1a-3) may use as an invitation to participate a notice of planned procurement that shall contain as much of the information referred to in paragraph 2 as is available to the entity, but that shall include, at a minimum, the following information:

  • A description of the subject matter of the procurement;

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  • The time limits set for the receipt of tenders or applications to be invited to tender;

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  • The address to which requests for documents relating to the procurement should be submitted;

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  • A statement that interested suppliers should express their interest in the procurement to the entity; and

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  • The identification of a contact point within the entity from which further information may be obtained.

    • 4. An entity that uses a notice of planned procurement as an invitation to participate shall subsequently invite suppliers that have expressed an interest in the procurement to confirm their interest on the basis of information provided by the entity, which shall include at least the information referred to in paragraph 2.

    5. Notwithstanding paragraph 2, an entity listed in Annex 1001.1a-2 (TLCAN: Anexo 1001.1a-2) or 1001.1a-3 (TLCAN: Anexo 1001.1a-3) may use as an invitation to participate a notice regarding a qualification system. An entity that uses such a notice shall, subject to the considerations referred to Article 1015(8) (TLCAN: Art. 1015), provide in a timely manner information that allows all suppliers that have expressed an interest in participating in the procurement to have a meaningful opportunity to assess their interest. The information shall normally include the information required for notices referred to in paragraph 2. Information provided to any interested supplier shall be provided in a non-discriminatory manner to all other interested suppliers.

    6. In the case of selective tendering procedures, an entity that maintains a permanent list of qualified suppliers shall publish annually in the appropriate publication referred to in Annex 1010.1 (TLCAN: Anexo 1010.1) a notice containing the following information:

  • An enumeration of any such lists maintained, including their headings, in relation to the goods or services or categories of goods or services to be procured through the lists;

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  • The conditions to be fulfilled by suppliers in view of their inscription on the lists and the methods according to which each of those conditions will be verified by the entity concerned; and

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  • The period of validity of the lists and the formalities for their renewal.

    • 7. Where, after publication of an invitation to participate, but before the time set for the opening or receipt of tenders as specified in the notices or the tender documentation, an entity finds that it has become necessary to amend or reissue the notice or tender documentation, the entity shall ensure that the amended or reissued notice or tender documentation is given the same circulation as the original. Any significant information given by an entity to a supplier with respect to a particular procurement shall be given simultaneously to all other interested suppliers and sufficiently in advance so as to provide all suppliers concerned adequate time to consider the information and to respond.

    8. An entity shall indicate in the notices referred to in this Article that the procurement is covered by this Chapter.