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ARTICLES

LEGAL RESOURSES

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    • Article 1014: Negotiation Disciplines

    1. An entity may conduct negotiations only:

  • In the context of procurement in which the entity has, in a notice published in accordance with Article 1010 (TLCAN: Art. 1010), indicated its intent to negotiate; or

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  • Where it appears to the entity from the evaluation of the tenders that no one tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notices or tender documentation.

    • 2. An entity shall use negotiations primarily to identify the strengths and weaknesses in the tenders.

    3. An entity shall treat all tenders in confidence. In particular, no entity may provide to any person information intended to assist any supplier to bring its tender up to the level of any other tender.

    4. No entity may, in the course of negotiations, discriminate between suppliers. In particular, an entity shall:

  • Carry out any elimination of suppliers in accordance with the criteria set out in the notices and tender documentation;

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  • Provide in writing all modifications to the criteria or technical requirements to all suppliers remaining in the negotiations;

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  • Permit all remaining suppliers to submit new or amended tenders on the basis of the modified criteria or requirements; and

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  • When negotiations are concluded, permit all remaining suppliers to submit final tenders in accordance with a common deadline.

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