Definition
General
1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient
time for suppliers to prepare and submit requests for participation and responsive
tenders, taking into account such factors as:
(a) the nature and complexity of the procurement;
(b) the extent of subcontracting anticipated; and
(c) the time necessary for transmitting tenders by non-electronic means from
foreign as well as domestic points if electronic means are not used.
These time-periods, including any extension of the time-periods, shall be the same
for all interested or participating suppliers.
Deadlines
2. A procuring entity that uses selective tendering shall establish that the final date for
the submission of requests for participation shall not, in principle, be less than
25 days from the date of publication of the notice of intended procurement. If a state
of urgency duly substantiated by the procuring entity renders this time-period
impracticable, the time-period may be reduced to not less than 10 days.
3. Except as provided for in paragraphs 4, 5, 7 and 8, a procuring entity shall establish
that the final date for the submission of tenders shall not be less than 40 days from
the date on which:
(a) in the case of open tendering, the notice of intended procurement is published;
or
(b) in the case of selective tendering, the entity notifies suppliers that they will be
invited to submit tenders, whether or not it uses a multi-use list.
4. A procuring entity may reduce the time-period for tendering established in
accordance with paragraph 3 to not less than 10 days if:
(a) the procuring entity has published a notice of planned procurement as
described in Article 19.6.5 at least 40 days and not more than 12 months in
advance of the publication of the notice of intended procurement, and the
notice of planned procurement contains:
(i) a description of the procurement;
(ii) the approximate final dates for the submission of tenders or requests for
participation;
(iii) a statement that interested suppliers should express their interest in the
procurement to the procuring entity;
(iv) the address from which documents relating to the procurement may be
obtained; and
(v) as much of the information that is required for the notice of intended
procurement under Article 19.6.3, as is available;
(b) the procuring entity, for contracts of a recurring nature, indicates in an initial
notice of intended procurement that subsequent notices will provide timeperiods
for tendering based on this paragraph; or
(c) a state of urgency duly substantiated by the procuring entity renders the timeperiod
for tendering established in accordance with paragraph 3 impracticable.
5. A procuring entity may reduce the time-period for tendering established in
accordance with paragraph 3 by five days for each one of the following
circumstances:
(a) the notice of intended procurement is published by electronic means;
(b) all the tender documentation is made available by electronic means from the
date of the publication of the notice of intended procurement; and
(c) the entity accepts tenders by electronic means.
6. The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the
reduction of the time-period for tendering established in accordance with paragraph 3
to less than 10 days from the date on which the notice of intended procurement is
published.
7. Notwithstanding any other provision in this Article, if a procuring entity purchases
commercial goods or services, or any combination thereof, it may reduce the timeperiod
for tendering established in accordance with paragraph 3 to not less than
13 days, provided that it publishes by electronic means, at the same time, both the
notice of intended procurement and the tender documentation. In addition, if the
entity accepts tenders for commercial goods or services by electronic means, it may
reduce the time-period established in accordance with paragraph 3 to not less than
10 days.
8. If a procuring entity covered under Annexes 19-2 or 19-3 has selected all or a limited
number of qualified suppliers, the time-period for tendering may be fixed by mutual
agreement between the procuring entity and the selected suppliers. In the absence of
agreement, the period shall not be less than 10 days.