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ARTICLES

LEGAL RESOURSES

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$ 17.14

    • Article 1013: Tender Documentation

    1. Where an entity provides tender documentation to suppliers, the documentation shall contain all information necessary to permit suppliers to submit responsive tenders, including information required to be published in the notice referred to in Article 1010(2) (TLCAN: Art. 1010), except for the information required under Article 1010(2)(h) (TLCAN: Art. 1010). The documentation shall also include:

  • The address of the entity to which tenders should be submitted;

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  • The address to which requests for supplementary information should be submitted;

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  • The language or languages in which tenders and tendering documents may be submitted;

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  • The closing date and time for receipt of tenders and the length of time during which tenders should be open for acceptance;

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  • The persons authorized to be present at the opening of tenders and the date, time and place of the opening;

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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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  • A complete description of the goods or services to be procured and any other requirements, including technical specifications, conformity certification and necessary plans, drawings and instructional materials;

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  • The criteria for awarding the contract, including any factors other than price that are to be considered in the evaluation of tenders and the cost elements to be included in evaluating tender prices, such as transportation, insurance and inspection costs, and in the case of goods or services of another Party, customs duties and other import charges, taxes and the currency of payment;

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  • The terms of payment; and

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  • Any other terms or conditions.

    • 2. An entity shall:

  • Forward tender documentation on the request of a supplier that is participating in open tendering procedures or has requested to participate in selective tendering procedures, and reply promptly to any reasonable request for explanations relating thereto; and

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  • Reply promptly to any reasonable request for relevant information made by a supplier participating in the tendering procedure, on condition that such information does not give that supplier an advantage over its competitors in the procedure for the award of the contract.