Definition
Notice of Intended Procurement
1. For each covered procurement a procuring entity shall publish a notice of intended
procurement, except in the circumstances described in Article 19.12.
All the notices of intended procurement shall be directly accessible by electronic
means free of charge through a single point of access subject to paragraph
2. The
notices may also be published in an appropriate paper medium that is widely
disseminated and those notices shall remain readily accessible to the public, at least
until expiration of the time-period indicated in the notice.
The appropriate paper and electronic medium is listed by each Party in Annex 19-8.
2. A Party may apply a transitional period of up to 5 years from the date of entry into
force of this Agreement to entities covered by Annexes 19-2 and 19-3 that are not
ready to participate in a single point of access referred to in paragraph 1. Those
entities shall, during such transitional period, provide their notices of intended
procurement, if accessible by electronic means, through links in a gateway electronic
site that is accessible free of charge and listed in Annex 19-8.
3. Except as otherwise provided in this Chapter, each notice of intended procurement
shall include:
(a) the name and address of the procuring entity and other information necessary
to contact the procuring entity and obtain all relevant documents relating to the
procurement, and their cost and terms of payment, if any;
(b) a description of the procurement, including the nature and the quantity of the
goods or services to be procured or, if the quantity is not known, the estimated
quantity;
(c) for recurring contracts, an estimate, if possible, of the timing of subsequent
notices of intended procurement;
(d) a description of any options;
(e) the time-frame for delivery of goods or services or the duration of the contract;
(f) the procurement method that will be used and whether it will involve
negotiation or electronic auction;
(g) if applicable, the address and any final date for the submission of requests for
participation in the procurement;
(h) the address and the final date for the submission of tenders;
(i) the language or languages in which tenders or requests for participation may be
submitted, if they may be submitted in a language other than an official
language of the Party of the procuring entity;
(j) a list and brief description of any conditions for participation of suppliers,
including any requirements for specific documents or certifications to be
provided by suppliers in connection therewith, unless such requirements are
included in tender documentation that is made available to all interested
suppliers at the same time as the notice of intended procurement;
(k) if, pursuant to Article 19.8, a procuring entity intends to select a limited
number of qualified suppliers to be invited to tender, the criteria that will be
used to select them and, if applicable, any limitation on the number of suppliers
that will be permitted to tender; and
(l) an indication that the procurement is covered by this Chapter.
Summary Notice
4. For each case of intended procurement, a procuring entity shall publish a summary
notice that is readily accessible, at the same time as the publication of the notice of
intended procurement, in English or French. The summary notice shall contain at
least the following information:
(a) the subject-matter of the procurement;
(b) the final date for the submission of tenders or, if applicable, any final date for
the submission of requests for participation in the procurement or for inclusion
on a multi-use list; and
(c) the address from which documents relating to the procurement may be
requested.
Notice of Planned Procurement
5. Procuring entities are encouraged to publish in the appropriate electronic, and, if
available, paper medium listed in Annex 19-8 as early as possible in each fiscal year
a notice regarding their future procurement plans (“notice of planned procurement”).
The notice of planned procurement shall also be published in the single point of
access site listed in Annex 19-8, subject to paragraph 2. The notice of planned
procurement should include the subject-matter of the procurement and the planned
date of the publication of the notice of intended procurement.
6. A procuring entity covered under Annexes 19-2 or 19-3 may use a notice of planned
procurement as a notice of intended procurement provided that the notice of planned
procurement includes as much of the information referred to in paragraph 3 as is
available to the entity and a statement that interested suppliers should express their
interest in the procurement to the procuring entity.