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ARTICLES

LEGAL RESOURSES

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    • Article 1019: Provision of Information

    1. Further to Article 1802(1) (TLCAN: Art. 1802) (Publication), each Party shall promptly publish any law, regulation, precedential judicial decision, administrative ruling of general application and any procedure, including standard contract clauses, regarding government procurement covered by this Chapter in the appropriate publications referred to in Annex 1010.1 (TLCAN: Anexo 1010.1).

    2. Each Party shall:

  • On request, explain to another Party its government procurement procedures;

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  • Ensure that its entities, on request from a supplier, promptly explain their procurement practices and procedures; and

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  • Designate by January 1, 1994 one or more contact points to

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  • Facilitate communication between the Parties, and

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  • Answer all reasonable inquiries from other Parties to provide relevant information on matters covered by this Chapter.

    • 3. A Party may seek such additional information on the award of the contract as may be necessary to determine whether the procurement was made fairly and impartially, in particular with respect to unsuccessful tenders. To this end, the Party of the procuring entity shall provide information on the characteristics and relative advantages of the winning tender and the contract price. Where release of this information would prejudice competition in future tenders, the information shall not be released by the requesting Party except after consultation with and agreement of the Party that provided the information.

    4. On request, each Party shall provide to another Party information available to that Party and its entities concerning covered procurement of its entities and the individual contracts awarded by its entities.

    5. No Party may disclose confidential information the disclosure of which would prejudice the legitimate commercial interests of a particular person or might prejudice fair competition between suppliers, without the formal authorization of the person that provided the information to that Party.

    6. Nothing in this Chapter shall be construed as requiring any Party to disclose confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest.

    7. With a view to ensuring effective monitoring of procurement covered by this Chapter, each Party shall collect statistics and provide to the other Parties an annual report in accordance with the following reporting requirements, unless the Parties otherwise agree:

  • Statistics on the estimated value of all contracts awarded, both above and below the applicable threshold values, broken down by entities;
  • Statistics on the number and total value of contracts above the applicable threshold values, broken down by entities, by categories of goods and services established in accordance with classification systems developed under this Chapter and by the country of origin of the goods and services procured;

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  • Statistics on the number and total value of contracts awarded under each use of the procedures referred to in Article 1016 (TLCAN: Art. 1016), broken down by entities, by categories of goods and services, and by country of origin of the goods and services procured; and

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  • Statistics on the number and total value of contracts awarded under derogations to this Chapter set out in Annexes 1001.2a (TLCAN: Anexo 1001.2a) and 1001.2b (TLCAN: Anexo 1001.2b), broken down by entities.

    • 8. Each Party may organize by state or province any portion of a report referred to in paragraph 7 that pertains to entities listed in Annex 1001.1a-3 (TLCAN: Anexo 1001.1a-3).