Wto Global Procurement Agreement
Initially, public procurement was removed from the scope of key multilateral trade rules opening up market access. The general agreement on tariffs and trade in 1947 explicitly excluded public procurement from the main national processing obligation. More recently, government procurement has been removed from the main obligations of the General Agreement on Trade in Services. Given that government procurement accounts for between 10 and 15% of GDP, this is an important gap in the multilateral trading system. The accession process begins with the submission of an application for membership and has two main aspects: negotiations between the member member and the parties to the GPA on the offer of coverage of the GPA and the verification of the compliance of the member`s contracting rules with the requirements of the GPA, for example in terms of transparency, procedural fairness for suppliers and national control. There is a general obligation to publish laws, regulations, judicial decisions, administrative decisions of general application and all public procurement procedures covered by the agreement. Relevant publications are listed in Appendix IV (Article XIX:1). In addition, as part of the agreement`s transparency, each state must collect government statistics on the contracts under the agreement and submit them to the other parties through the committee (Article XIX:5). In the tendering file, the contracting entity is required to provide all necessary information regarding the contracting concerned in order to allow potential suppliers to submit potential bids that can be answered, including information that must be published in tender notices and other important information, such as. B economic and technical requirements, financial guarantees and contracting criteria and procedural information, such as The deadline for receiving offers (Article XII). Article IX:11 of the agreement states that the tender notices clearly state, either in the notice of contract itself or in the publication in which it is found, whether the contracting in question is covered by the agreement. The liberalisation of public procurement is likely to generate benefits both in terms of the efficiency of public procurement and commercial interests.
That is why WTO members have worked on this theme on three fronts, namely: the annexes also set the thresholds at which individual orders are subject to GPA disciplines. For more information on the structure of Schedule I of the agreement, click here. In addition, at the request of a supplier, the contracting entity must immediately and usefully inform one of the parties to the agreement of its purchasing practices; an explanation of why an application for qualification was rejected by the supplier; The reasons why the existing tendering qualification was put to a fine margin; and the relevant features and benefits of the selected offer (Article XVIII:2).