Art. VI Overeenkomst inzake overheidsopdrachten — Information and Review

1. Entities shall publish a notice in the appropriate publication listed in Annex II not later than sixty days after the award of a contract(s) under Article V:15 or 16. These notices shall contain6) It is understood that certain information on the contract award may not be published in cases of those contracts where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of particular enterprises, public or private, or might prejudice fair competition between suppliers. : nature and quantity of products in the contract award(s); name and address of the entity awarding the contract; date of award; name(s) and address(es) of winning tenderer(s); value of winning award(s) or the highest and lowest offer taken into account in the award of the contract; where appropriate, means of identifying the notice issued under Article V:4; the type of procedure used; where appropriate, justification according to Article V:16 for the use of such procedure. 2. Any law, regulation, judicial decision, administrative ruling of general application, and any procedure (including standard contract clauses) regarding government procurement covered by this Agreement, shall be published promptly by the Parties in the appropriate publications listed in Annex IV 2) [Red: De lijst is niet opgenomen. De lijst ligt ter inzage bij het Ministerie van Economische Zaken, Directoraat-Generaal voor de Buitenlandse Economische Betrekkingen, Hoofdafdeling Handelspolitiek, alsmede bij de parlementaire documentatiedienst van de Tweede Kamer en bij de Staten van Aruba te Oranjestad.]and in such a manner as to enable other Parties and suppliers to become acquainted with them. The Parties shall be prepared, upon request, to explain to any other Party their government procurement procedures. Entities shall be prepared, upon request, to explain to any supplier from a country which is a Party to this Agreement their procurement practices and procedures. 3. Entities shall, upon request by any supplier, promptly provide pertinent information concerning the reasons why that supplier’s application to qualify for the suppliers’ list was rejected, or why that supplier was not invited or admitted to tender. 4. Entities shall promptly, and in no case later than seven working days from the date of the award of a contract, inform the unsuccessful tenderers by written communication or publication that a contract has been awarded, the value or values of the tenders and the name and address of the winning tenderer. It is understood that the criteria contained in paragraph 9 of this Article are also applicable to the information requirements above. 5. Upon request by an unsuccessful tenderer, the procuring entity shall promptly provide that tenderer with pertinent information concerning the reasons why the tender was not selected, including information on the characteristics and the relative advantages of the tender selected, as well as the name of the winning tenderer. 6. Entities shall establish a contact point to provide additional information to any unsuccessful tenderer dissatisfied with the explanation for rejection of his tender or who may have further questions about the award of the contract. There shall also be procedures for the hearing and reviewing of complaints arising in connexion with any phase of the procurement process, so as to ensure that, to the greatest extent possible, disputes under this Agreement will be equitably and expeditiously resolved between the suppliers and the entities concerned. 7. The government of the unsuccessful tenderer, which is a Party to this Agreement, may seek, without prejudice to the provisions under Article VII, such additional information on the contract award as may be necessary to ensure that the procurement was made fairly and impartially. To this end, the procuring government shall provide information on both the characteristics and relative advantages of the winning tender and the contract price. Normally this latter information may be disclosed by the government of the unsuccessful tenderer provided it exercises this right with discretion. In cases where release of this information would prejudice competition in future tenders this information shall not be disclosed except after consultation with and agreement of the Party which gave the information to the government of the unsuccessful tenderer. 8. Available information concerning individual contract awards shall be provided, upon a request, to any other Party. 9. Confidential information provided to any Party which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of particular enterprises, public or private, or might prejudice fair competition between suppliers, shall not be revealed without formal authorization from the party providing the information. 10. The Parties shall collect and provide to the Committee on an annual basis statistics on their procurements covered by this Agreement. Such reports shall contain the following information with respect to contracts awarded by all procurement entities covered under this Agreement: statistics on estimated value of contracts awarded, both above and below the threshold value on a global basis and broken down by entities; statistics on number and total value of contracts awarded above the threshold value, broken down by entities, categories of products according to a uniform classification system to be determined by the Committee, and country of origin of the product; statistics, broken down by entity, and by category of product, on the number and total value of contracts awarded under each of the cases of Article V, paragraph 16 showing country of origin of the product; statistics, broken down by entities, on the number and total value of contracts awarded under derogations to the Agreement contained in Annex 1.

Rechtspraak bij dit artikel