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ARTICLES

LEGAL RESOURSES

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    • Article 1012: Time Limits for Tendering and Delivery

    1. An entity shall:

  • In prescribing a time limit, provide adequate time to allow suppliers of another Party to prepare and submit tenders before the closing of the tendering procedures;

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  • In determining a time limit, consistent with its own reasonable needs, take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated, and the time normally required for transmitting tenders by mail from foreign as well as domestic points; and

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  • Take due account of publication delays when setting the final date for receipt of tenders or applications to be invited to tender.

    • 2. Subject to paragraph 3, an entity shall provide that:

  • In open tendering procedures, the period for the receipt of tenders is no less than 40 days from the date of publication of a notice in accordance with Article 1010 (TLCAN: Art. 1010);

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  • In selective tendering procedures not involving the use of a permanent list of qualified suppliers, the period for submitting an application to be invited to tender is no less than 25 days from the date of publication of a notice in accordance with Article 1010 (TLCAN: Art. 1010), and the period for receipt of tenders is no less than 40 days from the date of issuance of the invitation to tender; and

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  • In selective tendering procedures involving the use of a permanent list of qualified suppliers, the period for receipt of tenders is no less than 40 days from the date of the initial issuance of invitations to tender, but where the date of initial issuance of invitations to tender does not coincide with the date of publication of a notice in accordance with Article 1010 (TLCAN: Art. 1010), there shall not be less than 40 days between those two dates.

    • 3. An entity may reduce the periods referred to in paragraph 2 in accordance with the following:

  • Where a notice referred to Article 1010(3) or (5) (TLCAN: Art. 1010) has been published for a period of no less than 40 days and no more than 12 months, the 40-day limit for receipt of tenders may be reduced to no less than 24 days;

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  • In the case of the second or subsequent publications dealing with recurring contracts within the meaning of Article 1010(2)(a) (TLCAN: Art. 1010), the 40-day limit for receipt of tenders may be reduced to no less than 24 days;

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  • Where a state of urgency duly substantiated by the entity renders impracticable the periods in question, the periods may be reduced to no less than 10 days from the date of publication of a notice in accordance with Article 1010 (TLCAN: Art. 1010); or

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  • Where an entity listed in Annex 1001.1a-2 (TLCAN: Anexo 1001.1a-2) or 1001.1a- 3 (TLCAN: Anexo 1001.1a-3) is using as an invitation to participate a notice referred to in Article 1010(5) (TLCAN: Art. 1010), the periods may be fixed by mutual agreement between the entity and all selected suppliers but, in the absence of agreement, the entity may fix periods that shall be sufficiently long to allow for responsive bidding and in any event shall be no less than 10 days.

    • 4. An entity shall, in establishing a delivery date for goods or services and consistent with its own reasonable needs, take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the time realistically required for production, destocking and transport of goods from the points of supply.