[a) the principles of non-discrimination [,] [and] transparency [, [legality,] [[impersonality,] [morality,]] [equality] [due process], publicity, [and] [competitiveness] [free competition], [[a link to the individual instrument of a procurement requirement, objective judgment and other principles consistent with the basic principles herein above] in government procurement,] [pursuant to the provisions of this Chapter, [and]]]] 

[b) the development of cooperation and technical assistance mechanisms.]

a) promote the principles of non-discrimination, transparency and competitiveness, consistent with the provisions of this Chapter and applicable national laws

b) guarantee the development of cooperation and technical assistance mechanisms, and

c) encourage, through the provision of greater advantage in the procurement process, small and medium-sized enterprises in the smaller and lesser developed Parties.]

[a) to apply the measures relating to government procurement in such a way as to allow [the highest possible degree of competition [appropriate to the circumstances] [, respecting the principles [of transparency and nondiscrimination [, as well as the other provisions contained in this Chapter]] [and the other provisions contained in this Chapter]] ;] [competition, consistent with their size, levels of development and development requirements;] ]

[b) to [promote] [provide] business opportunities so that the suppliers compete in government procurements [preferably on the basis of [principles defined in Article 1 and] the quality-price ratio [principle][and delivery timing] [, as long as the application of this principle is compatible with the nature of the procurement in question]. [The application of [this principle] [these criteria] is aimed at obtaining the most efficient results with the financial resources allocated to the entities that carry out the procurement, taking into account the public needs of these entities]];] 

[c) to ensure [maximum simplicity and] publicity in the application of government procurement measures;]

[d) to [[maintain and] promote business] [provide market access] opportunities in government procurement processes for suppliers [from other Parties [during the periods of implementation needed for compliance with the commitments arising from the international agreements relating to this matter to which they are parties]]; ]

[e) to grant [equal] [non-discriminatory] opportunities to suppliers from other Parties in government procurement processes; and ]

[f) to [refrain from applying] [not apply] measures that:] 

[i) are discriminatory; ]

[ii) are arbitrary; [or]]

[iii) have the effect of denying equal access or opportunity to a supplier from another Party.]

[[a)] its own [like] goods, [like] services and suppliers [of said goods and services] [; and] [.]]

[b) [like] goods, [like] services and [the] suppliers [of said goods and services of any other] [non-Party] [Party] [of another Party] [or third countries].] 

[a) accord a locally established supplier treatment less favorable than that accorded to another locally established supplier on the basis of degree of foreign affiliation or ownership; or ]

[b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of another Party [or of any non-Party].]

[a) does not maintain diplomatic relations with the non-Party, or]

[b) adopts or maintains measures with respect to the non-Party that prohibit transactions with the company or that would be violated or circumvented if the benefits of this Chapter were accorded to the company.] 

a) goods; and

b) services, subject to the provisions of Annexes I and II of Chapter XX (Cross-border Trade in Services).]]

a) subsidies or donations accorded by one Party or one state enterprise, including loans, guarantees and insurance supported by any Party;

b) government services or functions, such as implementation of laws, social readaptation, unemployment pension or insurance services, or services related to social security, social welfare, public education, public instruction, child care, health and protection; and 

c) cross-border financial services.]

[a) The value of a procurement shall be estimated as of the time of publication of the notice of invitation to tender;] 

[b) In calculating the [referential] value of the procurement, [all taxes and other headings that affect the cost of the product, service or works, as well as] the total value of all purchases provided for, including premiums, fees, commissions, [and] interest [, other revenue streams [, and the maximum permissible optional purchases] shall be taken into account];]

[c) [Contracts that are awarded in multiple parts, are awarded to more than one supplier, are for an indefinite quantity or duration, [or result in the awarding of more than one contract,] shall be valued at the total estimated value of the contract over the duration of the contract period, if available, or at the maximum value that could be awarded to a single supplier;] [If a procurement results in the award of more than one contract, or in contracts being awarded in separate parts, the basis for the valuation shall be the actual value of recurring contracts concluded over the previous fiscal year, adjusted, where possible, for anticipated changes in quantity and value over the subsequent twelve (12) months. In the absence of such contracts, [use] the estimated value of recurring contracts anticipated over the fiscal year or twelve (12) months subsequent to the initial contract;]]

[d) In cases of contracts for lease, or use, with or without an option to buy, or contracts which do not specify a total price, the basis for valuation shall be:]

[i) in the case of fixed-term contracts, where the term is twelve (12) months or less, the calculation will be made on the basis of the total contract value for their duration, or, where their term exceeds twelve (12) months, on the basis of the total value, including the estimated residual value; or] 

[ii) in the case of contracts for an indefinite period, the basis will be the monthly installment multiplied by forty-eight (48),] 

[iii) if the entity is not certain whether a contract is fixed-term or for an indefinite period, it shall calculate the contract value using the method outlined in [4.] [(c)] ii.] 

[a) agreements entered into in pursuit of economic integration at the sub-hemispheric level;] 

[b) acquisitions and procurement linked to situations of defense, national security, public order, natural disasters and other emergencies involving the protection of health and the environment;] 

[c) measures necessary to protect morals, public order or security, human, animal and plant health and life, intellectual property, and products manufactured or services provided by handicapped persons, philanthropic institutions or prison labor, provided such measures are not applied in a way that they constitute a means of arbitrary or unjustifiable discrimination among countries where the same conditions prevail, or a disguised restriction to international trade;]

[d) any form of government assistance, cooperative agreements, subsidies, grants, loans, equity infusions, guarantees, fiscal incentive, and the provision of supplies and services by a governmental entity or its representatives to any other governmental or non-governmental persons or entities;] 

[e) government services or functions, such as [law enforcement,] social readaptation services, [health,] pension or unemployment insurance, social security or welfare services, public education, public training, [public health,] child healthcare and protection, and children’s services;] 

[f) cross-border financial services;] 

[g) government procurement governed by a regime of concessions;] 

[h) procurement financed with funds from international organizations, international development agencies, multilateral technical assistance organizations, and bilateral technical and financial assistance organizations, which shall be governed by the provisions established in the respective funding and technical assistance contracts;] 

[i) in the case of the smaller and lesser developed Parties, government procurement which is intended to stimulate small and medium sized enterprises;]

[j) the acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions and sale and distribution services for government debt;] 

[k) capital transfers and fiscal incentives;] 

[l) procurement made by embassies and consulates overseas [[, works of art,] [and those involving small amounts]]; and] 

[m) the hiring of public employees, government loans, legal relations derived from the provision of public services for which a fee is charged, and other activities subject to a special procurement regime.] 

[n) Occasional minor procurements made out of petty cash.

o) Procurements between government entities.

p) Procurements between the State and users of services for which a fee or general rate is charged.

q) Purchases of fresh produce.]

[r) any measure adopted or maintained with respect to Aboriginal peoples.]

a) necessary to protect public morals, order or safety;

b) necessary to protect human, animal or plant life or health;

c) necessary to protect intellectual property; or 

d) relating to goods or services of handicapped persons, of philanthropic institutions or of prison labor.]

[a) promptly publish any law, regulation , [judicial decision,] administrative ruling of general application [and any procedure [(including standard contract clauses)]] regarding government procurement covered by this [Chapter] [.] [,] [Laws and regulations] [these] shall be published no later than their date of entry into force.] 

[b) publish such information in [officially designated media which are readily accessible [to suppliers and other Parties].] [officially designated media which are readily accessible to the public.] [ [appropriate] publications [identified by the Parties in Annex XI.6 (Publication of Laws and Regulations- no text )] which are readily accessible to suppliers and other Parties.] [[through Internet.] [This notwithstanding, when a Party is not in a position to provide information in the manner described above, it must provide the information to [the FTAA Secretariat for subsequent inclusion on its web page].]] ]

[c) publish, in the same media and in a timely manner, all additions and changes to such information, [as well as any changes in the names or different variants with regard to contracting procedures. [The Parties may directly report amendments to their laws and regulations using electronic or other means of communication.]]] 

[a) [in the specific circumstances identified in Article XVI of this Chapter for the use of limited tendering, provided that this does not involve the use of procedures to prevent the greatest possible degree of competition or in such a way that it constitutes a means of discriminating against suppliers of the other Parties or a means of protecting domestic suppliers.] [Furthermore, entities shall not use limited tendering because of a lack of advance planning by the requiring activity [or concerns relating to the amount of funds available to an entity within a particular period of time].]]

[b) There are no tenders that meet the essential requirements set out in the tender documents distributed.

c) There are no tenders from suppliers who meet the advance approve requirements established in the invitation to tender.

d) The requirement is for engineering works related to infrastructure projects, or for reasons relating to protection of exclusive rights such as patents, copyright or undisclosed information, or where no competition exists due to technical reasons, the goods or services can only be provided by one specific supplier and there is no alternative or reasonable substitute;

e) For reasons of extreme urgency due to events that the entity could not foresee, it is not possible to obtain the goods or services on time through open or selective tendering and the use of these procedures would cause serious injury to the entity, the scheduled duties of the entity, or the responsible Party; 

f) For additional deliveries by an original supplier for use as replacement parts or to extend the useful life or ensure continuing service of existing hardware, software, services or installations, and where a change in supplier would require the entity to purchase products or services which do not meet the requirement for interchangeability with existing hardware, software, services or installations;

g) For the procurement of local or foreign components or parts required for maintenance of hardware during the technical warranty period, where such exclusivity is an essential condition for the validity of the warranty;

h) When an entity purchases prototypes or a one-off good or service manufactured or provided at its request as part and for the execution of a specific contract for research, experimentation, study or original fabrication. Upon completion of contracts of this nature, the procurement of the goods or services resulting from them shall be by means of open or selective tendering procedures;

i) For the case of goods purchased on a commodities market;

j) Where the security of the State requires special guarantees confidentiality;

k) In contracts with a professional or entity recognized for specialization in its field of endeavor, where its prior performance, studies, experience, publications, organization, equipment, technical staff or other requirements related to its activities demonstrate that its work is essential and the best available means of fully satisfying the contract purpose;

l) Where an entity requires consulting services with regard to matters of a confidential nature, the disclosure of which could reasonably be expected to place government secrets at risk, cause serious economic disturbance, or be contrary to the public interest in similar fashion; and

m) Where the amount of the procurement is negligible or below the minimum for limited tendering established by the Parties under their respective laws or regulations.]

[a) in the absence of tenders that conform to the essential requirements in the tender documentation provided in a prior open or selective tendering procedure, on condition that the requirements of the initial procurement are not substantially modified [in the contract as awarded]; ]

[b) in the absence of tenders from suppliers which meet qualification requirements established for a prior selective tendering procedure; ]

[c) when, for works of art, [in regard to infrastructure works,] or for reasons connected with the protection of exclusive rights, such as patents, copyrights or proprietary information or where there is an absence of competition for technical reasons, the goods or services can be supplied only by a [determined] particular supplier and no reasonable alternative or substitute exists; ]

[d) in so far as is strictly necessary when, for reasons of extreme urgency brought about by events unforeseeable [or inevitable] by the entity, the goods or services could not be obtained in time by means of open or selective tendering procedures [and the use of such procedures would result in serious injury to the entity, the entity’s program responsibilities, or the responsible Party];] 

[e) for additional deliveries by the original supplier that are intended either as replacement parts [, extensions, or continuing services for existing equipment, software, services or installations, where a change of supplier would compel the entity to procure products or services not meeting requirements of interchangeability with existing equipment, software, services, or installations];] 

[f) for the acquisition of components or parts of domestic or foreign origin needed for the maintenance of equipment during the technical guarantee period, when such exclusive status is indispensable for the guarantee to have effect;] 


[g) when an entity procures a prototype or a first good or service developed [or provided] at its request in the course of, and for a particular contract for research, experiment, study, or original development. When such contracts have been fulfilled, [the purchase of goods or services made as a result thereof shall be adapted to open [or private] [, selective or limited] tendering procedures];] 

[h) for goods purchased on a commodity market;]

[i) when state security requires special or proprietary guarantees;] 

[j) in contracts with a professional or entity considered, within the particular field, to have recognized expertise, demonstrated by prior performance, studies, experiences, publications, organization, equipment, technical staff, or other requirements related to their activities, it can be inferred that its work is essential and [indisputably] the most appropriate for fully meeting the objective of the contract; and] 

[k) where an entity needs to procure consulting services regarding matters of a confidential nature, the disclosure of which could reasonably be expected to compromise government confidences, cause serious economic disruption or similarly be contrary to the public interest.]

[l) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as unusual disposals by enterprises that are not normally suppliers or disposal of assets of businesses in liquidation or receivership, but not routine purchases from regular suppliers;

m) for a contract to be awarded to the winner of an architectural design contest, on condition that the contest is

i) organized in a manner consistent with the principles of this Chapter, including regarding publication of an invitation to suitably qualified suppliers to participate in the contest,

ii) organized with a view to awarding the design contract to the winner, and 

iii) to be judged by an independent jury.]