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Consolidated TPP Text – Annex 15-A – Schedule of Brunei Darussalam

Section A: Central Government Entities

Thresholds:

Chapter 15 (Government Procurement) shall apply to the Central Government Entities listed in this Section where the value of procurement is estimated to equal or exceed the following thresholds:

Goods and Services

250,000 SDRs

From the beginning of the first year to the end of the second year following entry into force of this Agreement for Brunei Darussalam;

190,000 SDRs

From the beginning of the third year to the end of the fourth year following entry into force of this Agreement for Brunei Darussalam; and

130,000 SDRs

From the beginning of the fifth year following entry into force of this Agreement for Brunei Darussalam and thereafter.

Construction Services

5,000,000 SDRs

List of Entities:

1. Prime Minister’s Office

2. Ministry of Defence

3. Ministry of Finance

4. Ministry of Foreign Affairs and Trade

5. Ministry of Education

6. Ministry of Health

7. Ministry of Development

8. Ministry of Communications

9. Ministry of Primary Resources and Tourism

10. Ministry of Religious Affairs

11. Ministry of Home Affairs

12. Ministry of Culture Youth and Sports

Note to Section A

All agencies subordinate to the above listed entities are covered.

Section B: Sub-Central Government Entities

Not applicable for Brunei Darussalam as Brunei Darussalam does not have any sub-central government entities.

Section C: Other Entities

Thresholds:

Chapter 15 (Government Procurement) shall apply to the other entities listed in this Section where the value of procurement is estimated to equal or exceed the following thresholds:

Goods and Services

500,000 SDRs

From the beginning of the first year to the end of the second year following entry into force of this Agreement for Brunei Darussalam;

315,000 SDRs

From the beginning of the third year to the end of the fourth year following entry into force of this Agreement for Brunei Darussalam; and

130,000 SDRs

From the beginning of the fifth year following entry into force of this Agreement for Brunei Darussalam and thereafter.

Construction Services

5,000,000 SDRs

List of Entities:

1. Monetary Authority of Brunei Darussalam (Autoriti Monetari Brunei Darussalam)

2. Employee Trust Fund (Tabung Amanah Pekerja)

Note to Section C

Chapter 15 (Government Procurement) shall not apply to any procurement by or on behalf of Monetary Authority of Brunei Darussalam (Autoriti Monetari Brunei Darussalam) of direct inputs for the use in minting of Brunei Darussalam coins.

Section D: Goods

Chapter 15 (Government Procurement) shall apply to all goods procured by entities listed in Sections A and C, unless otherwise specified in Chapter 15 (Government Procurement), including this Schedule.

Section E: Services

Chapter 15 (Government Procurement) shall apply to all services procured by entities listed in Sections A and C, unless otherwise specified in Chapter 15 (Government Procurement), including this Schedule.

Section F: Construction Services

Chapter 15 (Government Procurement) shall apply to all construction services procured by entities listed in Sections A and C, unless otherwise specified in Chapter 15 (Government Procurement), including in this Schedule.

Section G: General Notes

For greater certainty, Chapter 15 (Government Procurement) shall not apply to:

Section H: Threshold Adjustment Formula

1. The thresholds shall be adjusted in every even-numbered year with each adjustment taking effect on January 1, beginning on January 1 of the first even-numbered year after the date of entry into force of this Agreement for Brunei Darussalam.

2. Every two years, Brunei Darussalam shall calculate and publish the value of the thresholds under Chapter 15 (Government Procurement) expressed in Brunei Dollar. These calculations shall be based on the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics.

3. The conversion rates shall be the average of the daily values of the Brunei Dollar in terms of the Special Drawing Rights (SDRs) over the two-year period preceding October 1 of the year before the adjusted thresholds are to take effect, and rounded to the nearest Brunei Dollar.

4. Brunei Darussalam shall notify the other Parties of the current thresholds in its respective currency immediately after the date of entry into force of this Agreement, and the adjusted thresholds in its respective currency thereafter in a timely manner.

5.Brunei Darussalam shall consult if a major change in its national currency relative to the SDR or to the national currency of another Party were to create a significant problem with regard to the application of Chapter 15 (Government Procurement).

Section I: Procurement Information

All information on government procurement is published on the following websites:

Rules and Regulations

Notices of intended procurement

Section J: Transitional Measures

1. Notwithstanding the requirement in Article 15.7.3(b) and (i) (Notices of Intended Procurement) that specified information must be included in the notice of intended procurement, Brunei Darussalam may omit from its notices of intended procurement the information required in Article 15.7.3(b) and (i) (Notices of Intended Procurement) for three years after the date of entry into force of this Agreement. During this transitional period, Brunei Darussalam shall provide the information required in Article 15.7.3(b) (Notices of Intended Procurement) in its tender documentation, provided that it complies with Article 15.4 (General Principles).

2. Notwithstanding the requirement in Article 15.16.3 (Post-Award Information) that the procuring entity publish a notice of the award of a contract, Brunei Darussalam may delay application of this requirement for three years after the date of entry into force of this Agreement. During this transitional period, Brunei Darussalam shall provide information, upon request of suppliers of other Parties, with respect to its contract awards.

3. Notwithstanding Article 15.19 (Domestic Review), Brunei Darussalam may delay application of its obligations under Article 15.19 (Domestic Review) for five years after the date of entry into force of this Agreement. During this transitional period, Brunei Darussalam shall allow suppliers of other Parties to take complaints about the conduct of a covered procurement to the procuring entity, provided that it complies with Article 15.4 (General Principles).

4. Notwithstanding the requirements in Article 15.7.1 (Notices of Intended Procurement), Article 15.9.3 (Qualification of Suppliers), and Article 15.14.2 (Time Periods), Brunei Darussalam may delay implementation of the requirements to publish a notice of intended procurement where it uses a multi-use list for the procurement of certain services, for three years after the date of entry into force of this Agreement. During this transitional period, Brunei Darussalam shall:

provided that it complies with Article 15.4 (General Principles).

5. Transitional thresholds are applied as provided for in Sections A and C.

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