May 2000
Element 11: Disclosure of Bids Received and Contracts Awarded
Background
Section 11 of the Annotated Outline states that AThe [NGGP] considered publicity of contract awards an essential element in transparency in government procurement and also essential in demonstrating that commitments to openness and non-discrimination are met.
Canada agrees that disclosure of information on contract awards is an important aspect of a Free Trade Agreement of the Americas. Contract award information provides the assurance that a procurement process was carried out in accordance with the methods and criteria that were specified. It further allows unsuccessful bidders the opportunity to improve their position for future bidding opportunities.
Disclosure includes the following key elements:
- publishing information of the outcome of the bidding process;
- making information available to bidders about the reasons for not succeeding;
- providing for the Parties to seek information from each other on contracts awarded; and
- providing for confidentiality of information, where needed.
Without prejudice to Canada's future negotiating position, Canada submits the following text for this section.
Draft text:
- Having awarded a contract, entities shall:
- Publish, for a reasonable period of time, information on contract awards, including: the name of the winning supplier, the value and date of the contract; a description of the nature and quantity of the goods or services included in the contract; the name and contact location of the procuring entity; and, where directed or single tendering procedures are used, the reason for such procedures;
- Publish such information in officially designated media which are readily accessible to suppliers and other Parties within 72 days of contract award. Officially designated media, listed in Annex X, may be electronic or paper. Each Party shall notify modifications relating to Annex X to [the other Parties] [the Committee]; and,
- Provide bidders, upon request, with information regarding the reasons that they were not successful.
- A Party may seek additional information on the award of a contract as may be necessary to determine whether the procurement was made fairly and impartially. 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.
- Nothing in this [Article] [Chapter] shall be construed as requiring any Party and its procuring entities to disclose confidential information 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, without formal authorization from the [party] [Party or supplier] providing the information.
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