* Services other than construction services means those services specified under the heading "Services (other than construction services)" in Section B for Hong Kong, China in Annex I to Chapter 12 of the HKC/NZ CEPA. (HLPF), Strengthening Africa's capacity to trade, Promoting Access to Medical Technologies and Innovation: Intersections between public health, intellectual property and trade (second edition), Natural Disasters and Trade Research: Study II, Key Take-Aways from the Committee [on Government Procurement's Symposium on Sustainable Procurement (GPA/W/341), The WTO at Twenty: Challenges and Achievements, 2020 - Government Policies to Promote Innovation in the Digital Age, 2018 - The future of world trade - How digital technologies are transforming global commerce, 2016 - Levelling the trading field for SMEs, Government Procurement in the Comprehensive and Progressive Trans-Pacific Partnership Agreement: A Global Beachhead for Market Access and Good Governance, Keeping markets open while ensuring due flexibility for governments in a time of economic and public health crisis: The role of the WTO Agreement on Government Procurement. We will also notify consulates and overseas trade commissions where appropriate. This database is designated based on the Operational Guidelines on Procedures for Government Procurement which were agreed by the relevant ministries and . The WTO Agreement on Government Procurement (GPA) was first concluded in 1979 under the General Agreement on Tariffs and Trade (GATT). a broad description of the requirementsand, where applicable, a description of any options; estimated quantities andtime-frame for delivery of goods or services; the closing date and time for receipt of tenders; the place for obtaining tender documents; whether the procurement is covered by WTO GPA; a list and brief description of the qualifications/conditions for participation and any requirements for specific documents or certifications to be provided by suppliers/contractors (if such requirements for specific documents or certifications are not included in the tender documents that are made available to suppliers/contractors); a list of criteria that will be used to select the qualified suppliers/contractors if a limited number of qualified suppliers/contractors are to be invited to tender; and. Delivery of goods is usually made on a consignment or on an as and when required basis. To this end, WTO GPA prescribes a set of requirements regarding non-discriminatory treatment of goods, services and service suppliers, qualification of suppliers, tender procedures, tender specifications and challenge procedures. Consulting firms are required to submit technical proposals and fee proposals in separate sealed envelopes. Why should WTO acceding governments also consider GPA accession?. ", Anderson, Robert D., Mller, Anna C., and Kovacic, Bill. please confirm that you agree to abide by our usage policies. A .gov website belongs to an official government organization in the United States. Washington, DC 20230. Pp. 1 - The WTO regime on government procurement: past, present and future pp 3-58 By Robert D. Anderson, World Trade Organization, Sue Arrowsmith, University of Nottingham Get access Export citation PART II - Expanding the scope of the Agreement on Government Procurement: accession and coverage pp 59-60 Get access Export citation Procuring entities are required to provide in the tender documents all the necessary information to assist the bidders to prepare their tenders. In case of blockage of the public access to the location of the Specified Tender Box on the tender closing date, the Government will announce extension of the tender closing time until further notice. Only tenders which are due are opened and authenticated by the tender opening team. Normally, they are required to meet certain qualification criteria or technical assessment for admission to the approved lists. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Where the nature of the contract (such as a contract that is time critical or one that requires particularly high levels of skills and proven reliability) dictates that tenders have to be invited from qualified suppliers/contractors, selective tendering or prequalified tendering may be used. Berman, Evan Hong Kong and Chile signed the Free Trade Agreement between Hong Kong, China and Chile ("HKC/CL FTA") on 7 September 2012. Hong Kong and New Zealand signed the Hong Kong, China New Zealand Closer Economic Partnership Agreement ("HKC/NZ CEPA") on 29 March 2010. The WTO Agreement on Government Procurement (GPA) is a "plurilateral" agreement, which means that it applies to a number of WTO Members, but not all Members. Select PART III - Revision of the procedural rules and other transparency provisions of the Agreement on Government Procurement, Select 10 - The Revised Agreement on Government Procurement: changes to the procedural rules and other transparency provisions, Select PART IV - Developing countries in the WTO procurement regime, Select 11 - Special and differential treatment and other special measures for developing countries under the Agreement on Government Procurement: the current text and new provisions, Select 12 - Building sustainable capacity in public procurement. La rvision de 2012 de lAccord de lOMC sur les marchs publics: Son contexte et les dimensions de son champ dapplication. To ensure the best value for money, these conditions and specifications may include the time of delivery/completion, quality of goods offered, designs proposed, maintenance and spare parts provision, warranty and guarantees as appropriate. Withdrawal of Substantially Equivalent Coverage, Arbitration Procedures to Facilitate Resolution of Objections. Full text views reflects the number of PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views for chapters in this book. Normally, at least three weeks will be allowed for tenderers to submit their bids. The taxonomy can be used by countries to map and better understand the nature of their own procurement regimes, including in relation to existing international good practice. As part of the selection process, the procuring entities may invite consulting firms to make a presentation of their proposals. Details of payment terms and methods are stated in the tender documents. Typical examples of service contracts tendered by Government are cleaning, property management, management of parking meters, and operation of transport and waste management facilities. Depending on the nature of the consultancy, procuring entities invite submission of consultancy proposals on the basis of a consultancy brief either from the consulting firms direct or from shortlisted consulting firms which have expressed interest in the consultancy. Find out more about saving to your Kindle. back to top back to top News The output and outcome of any consultancy services procured is dependent on the experience, capability, expertise, and method of approach of the selected consultants. To further assist countries in assessing their procurement regimes, we have also mapped the taxonomy against international good practices (the WTO Government Procurement Agreement and the UNCITRAL Model Law on Public Procurement). The Canadian Yearbook of International Law, Volume 51, 2013. 2015. The HKC/AU FTA, which entered into force on 17 January 2020, encompasses trade in goods and services, investment and other related areas, including government procurement. What is the Government Procurement Policy Framework? WTO GPA applies to the following procuring entities of Hong Kong, China for contracts meeting the values specified - all government bureaux and departments and other central government entities - for contracts of a value of not less than - 130,000 SDR for procurement of goods and specified services * 5,000,000 SDR for construction services; and If necessary, the invitations for prequalification will also be published on the Internet, local press and selected overseas journals for the particular trade/product. Government officials from WTO members and observers are invited to submit applications to take part in the 2023 WTO Advanced Global e-Workshop on the Agreement on Government Procurement 2012 (GPA 2012) to be held virtually from 17 April to 12 May 2023. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. WTO GPA applies to the following procuring entities of Hong Kong, China for contracts meeting the values specified - all government bureaux and departments and other central government entities - for contracts of a value of not less than - 130,000 SDR for procurement of goods and specified services * 5,000,000 SDR for construction services; and 13 - Untying aid through the Agreement on Government Procurement: a means to encourage developing countries' accession to the Agreement and to improve aid effectiveness? We have therefore established a set of consultants selection procedures. Limited tendering (i.e. Where pre-determined criteria other than price are included in the tender assessment, the recommended tender is the one which, in terms of specified evaluation criteria, is determined to be the most advantageous. The GPA Parties are required by Article XIX:5 to submit to the WTO Committee on Government Procurement on an annual basis statistics on the procurements undertaken by that Party that are covered by the GPA. Tenderers must deposit their tenders in the tender box as specified in the tender notice (Specified Tender Box) before the tender closing date and time stipulated in the tender notice. The GPA's membership is limited to the WTO Members that specifically signed the GPA or that have subsequently acceded to the Agreement. It applies to the entities that each signatory country has listed inAppendix I (offsite link)of the Agreement. As laid down in the Stores and Procurement Regulations, government procurement exceeding HK$1.4 million (for goods and general services), HK$3million (for consultancy services) and HK$7 million (for services for construction and engineering works*) in value is normally done by the use of open and competitive tendering procedures so as to obtain the best value for money. Northampton, Massachusetts : Edward Elgar 2006 . The newest member is Australia, joined in 2019. Chapter 13 of the HKC/AU FTA sets out Hong Kong, China's commitments on government procurement which are generally consistent with those under WTO GPA. Pelletier, Philippe. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of: Such time-periods, including any extension of the time-periods, shall be the same for all interested or participating suppliers. TRADE4MSMES Policy Guides: World Health Organization, World Intellectual Property Organization, and World Trade Organization. All WTO members (offsite link) are parties to this Agreement. Increased competition from foreign suppliers for government procurement contracts can put downward pressure on costs for goods and services, giving taxpayers value for money, and provide access to goods and services that can improve the quality of government services, all the while encouraging better allocation of resources acros the economy. Select PART V - Economic and social development (horizontal policies) in government procurement, Select 14 - The national treatment and exceptions provisions of the Agreement on Government Procurement and the pursuit of horizontal policies, Select 15 - The limited case for permitting SME procurement preferences in the Agreement on Government Procurement, Select 16 - Social policies in procurement and the Agreement on Government Procurement: a perspective from South Africa, Select PART VI - Enforcement and remedies, Select 17 - Constructing a system of challenge procedures to comply with the Agreement on Government Procurement, Find out more about saving to your Kindle, Perspective of the Chairman of the WTO Committee on Government Procurement, Nicholas Niggli (Switzerland), PART I - The WTO regime on government procurement, 1 - The WTO regime on government procurement: past, present and future, PART II - Expanding the scope of the Agreement on Government Procurement: accession and coverage, 2 - Forging a more global procurement market: issues concerning accessions to the Agreement on Government Procurement, 3 - Accession to the Agreement on Government Procurement: the case of China. Information on Procuring Entity Decisions. Consulates and trade commissions in Hong Kong and known suppliers/contractors will also be notified of the invitations for prequalification by letter, where appropriate. The statistics to be provided include statistics on the number and estimated value of contracts awarded. The U.S. government awarded contracts valued at about $12 billion to foreign-located firms, of which about $5 billion went to firms with reported locations in the other six main parties to the World Trade Organization Agreement on Government Procurement (GPA) and the North American Free Trade Agreement (NAFTA) (see figure). The GPA entered into force in 1996. Doha Development Agenda (DDA) Working Group, GATS negotiations on government procurement, Celebrating 25 years of the WTO GPA Cambridge: Cambridge University Press. The Agreement applies to the procurement of: To be covered under the GPA, government procurement contracts must meet minimum value thresholds. If you encounter any difficulties selling goods or services to procuring entities of a signatory government because that government has failed to comply with this Agreement, contact the Trade Agreements Negotiations and Complianceshotlineat the U.S. Department of Commerce. The GPA contains a number of provisions that are designed to ensure that bidding procedures for government procurement in signatory countries are transparent, effective and fair. The liberalization of government procurement markets holds the potential to generate benefits both in terms of procurement efficiency and commercial interests. The current signatories to this Agreement (as of April, 2014) are: Armenia, Canada, Chinese Taipei, the European Union whose member states are Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands (including Aruba), Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom Hong Kong, Iceland, Israel, Japan, Norway, South Korea, Liechtenstein, Singapore, Switzerland, and the United States. Users can search procurement notices covered by the WTO Agreement on Government Procurement, Japan-EU Economic Partnership Agreement or Japan-UK Comprehensive Economic Partnership Agreement. Obligations under International Agreements, Additional Information on U.S. Procurement. The WTO's work on government procurement aims to promote transparency, integrity and competition in this market. $255.00. We ensure that all potential tenderers are given the same information for them to prepare their bids. No favours. To study this question, we use a unique data set recently released by the EU, covering more than three million tenders conducted in the European Economic Area, Switzerland, and . We publish the name of the tenderer awarded the contract and the contract sum of all contracts awarded in the preceding month on the Internet in the following month. Agreement on Government Procurement 2012 and related WTO legal texts. (iii) GATS negotiations on government procurement. Annex 1 of Appendix I lists the central government entities that are covered, Annex 2 the sub-central government entities, and Annex 3 the other entities. Open, transparent and non-discriminatory procurement is generally considered to be the best tool to achieve this goal as it optimises competition among suppliers. Tender documents normally include standard contract forms covering the general aspects of tender and contract requirements, special conditions of contract, detailed price schedules, additional information and instructions applicable to a particular contract. Government procurement is the acquisition of goods and services via contract by Ministries, Departments, Organs of State and Statutory Boards. While aimed at boosting the domestic economy, in practice, this approach can introduce market distortions that limit choices, increase prices, and undermine economic efficiency. Similar to procurement of goods and other services, the Financial Secretary/Secretary for Financial Services and the Treasury has appointed or authorised designated officers to appoint the following consultants selection boards/committees to consider the selection and appointment of consultants , Several government offices maintain lists from which consultants may be sourced. Greater opportunities for Australian businesses. The signatories of the GPA have agreed that in government procurement, companies in other signatory countries will be treated no less favorably than domestic companies in accordance with the principles of national treatment and non-discrimination. The Agreement on Government Procurement (GPA) is a plurilateral agreement, most recently updated in 2014 that sits within the World Trade Organization (WTO) framework meaning that some, but not all, WTO members are signatories to the GPA. Tenderers are required to quote their prices atFOB(Free on Board),CIF(Cost, Insurance and Freight),DDP(Delivered Duty Paid) orFIS(Free into Storehouse including stacking) terms as stipulated in the Tender Schedule. Anderson, Robert D. and Mller, Anna C. (2020). This project aims to further assist countries in assessing their procurement regimes by mapping the OECD taxonomy against international good practices. 1401 Constitution Ave NW Suppliers shall be given not less than 25 days to submit applications if there is no permanent list of qualified suppliers; limited bidding procedures (where a procuring entity contacts suppliers individually) shall not be used as a means of discriminating in favor of domestic products or suppliers; the documentation provided to suppliers shall contain all the information they will need to submit responsive bids, including a complete description of the products or services required and the criteria for awarding the contract; technical specifications shall not create unnecessary obstacles to trade, shall be based on international standards, where they exist and are appropriate, and shall be in terms of performance rather than design or descriptive characteristics; procuring entities shall not, in selecting suppliers, impose, seek or consider offsets (for example domestic content requirements, licensing of technology, countertrade or investment requirements); and. provided that the requirements of the tender documentation are not substantially modified; Maintenance of Documentation, Reports and Electronic Traceability. original documents which are entrusted and kept at the WTO Secretariat These include: Notification of any changes to procurement laws and regulations; 2 Notification of statistics in relation to procurements covered by the Agreement; 3 Any company in a signatory country that wants to sell goods or services covered by the GPA to a procuring entity in another signatory country that is listed in Appendix I of the GPA can benefit from this Agreement. Home | About WTO | News & events | Trade topics | WTO membership | Documents & resources | External relations, Contact us | Site map | A-Z | Search. and It highlights the principles underlying our procurement practices and summarises the government procurement process and the government bodies involved in procurement. A consultancy brief normally covers the objective and scope of the consultancy, expertise/experience of the consulting firm as well as experience/qualifications of the consulting team required to undertake the consultancy, duties of the consulting team, duration and timeframe of the consultancy, information required for the consultancy proposals, method of assessing the consultancy proposals, the deliverables for each phase of the consultancy, the payment schedule and other related terms and conditions and any special features of the consultancy agreement. Check if you have access via personal or institutional login. Following removal of the blockage, the Government will announce the extended tender closing time as soon as practicable. Challenges must be heard by a court or by an impartial independent review body with no interest in the outcome of the procurement. The procurement policy of the Government of the Hong Kong Special Administrative Region is to obtain goods and services at the best value for money in support of the Government's programmes and activities. World Trade Organization. (2022). Article 106 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China states : "The Hong Kong Special Administrative Region shall have independent finances". Also, we have to prepare an annual statistical report on procurements to the WTO Committee on Government Procurement. * Services falling under Division 51 of the United Nations Provisional Central Product Classification Code which is accessible athttps://www.wto.org/english/tratop_e/serv_e/cpc_provisional_complete_e.pdf, The various types of tenders are invited in the following ways . These include stationery and cleansing materials. Select 5 - The benefits for developing countries of accession to the Agreement on Government Procurement: the case of Chinese Taipei, Select 6 - The coverage negotiations under the Agreement on Government Procurement: context, mandate, process and prospects, Select 7 - Canada's sub-central government entities and the Agreement on Government Procurement: past and present, Select 8 - The procurement of state trading enterprises under the WTO Agreements: a proposal for a way forward. Tender invitations are published in the Government of the Hong Kong Special Administrative Region Gazette (optional for procurements not covered by WTO GPA). You can save your searches here and later view and run them again in "My saved searches". Management Accounting Division of The Treasury Branch of the Financial Services and the Treasury Bureau which maintains a list of financial consultants; Efficiency Office which maintains a list of general management consultants; Architectural and Associated Consultants Selection Board which maintains a list of architectural consultants; and. Among these three areas, work on the GPA is the most active and has produced substantial trade liberalization. The procedures laid down in these Regulations and Circulars/Circular Memoranda are fully consistent with the WTO GPA. In Currie, John H. and Provost, Ren (eds.). Then enter the name part For procurements covered by WTO GPA, we will notify and provide the notice of tender invitation to the suppliers/contractors on the relevant approved lists of qualified suppliers/contractors that will be invited to tender. Arwel Davies European Journal of International Law, Volume 19, Issue 3, June 2008, Pages 617-620, https://doi.org/10.1093/ejil/chn032 Published: If you have questions about OECD research and analysis on trade, please feel free to contact us directly. The OECD taxonomy is not designed to pass judgment on the legitimacy of the public policy objectives that procurement measures seek to achieve, but rather to highlight the trade impact of the measures as one element for consideration in policy-making and with a view to informing governments considering less trade restrictive measures to achieve the same policy objectives. If necessary, they will be published on the Internet or in the local and/or international press and journals. The Stores and Procurement Regulations are applicable to stores purchased or acquired on behalf of Government, excluding land and buildings, as well as services performed by firms/organisations for and on behalf of Government and revenue contracts that generate revenue for and on behalf of Government. Defines the coverage of each GPA Party's obligations under the revised GPA, Defines the coverage of each GPA Party's obligations under the 1994 GPA, Government Procurement Legislation of GPA Parties, USTR Waiver of Discriminatory Purchasing Requirements (85 FR 39037, June 29, 2020), Text your zip code to 438829 (GETVAX) in English or 822862 (VACUNA) in Spanish, Annex 3: all other entities that procure in accordance with the GPA, Annex 4: services that each Party covers under the GPA, Annex 5: construction services that each Party covers under the GPA, FR Notice Moldova GPA Accession (July 14, 2016), FR Notice Ukraine GPA Accession (May 18, 2016), FR Notice New Zealand GPA Accession (August 12, 2015), FR Notice Montenegro GPA Accession (July 15, 2015), FR Notice Croatia GPA Accession(September 30, 2013), FR Notice Armenia GPA Accession(September 15, 2011), For Taiwan (Chinese Taipei), 74 FR 34071 (July 14, 2009), FTAs with Government Procurement Obligations, U.S.-Canada Agreement on Government Procurement, U.S.-European Communities 1995 Exchange of Letters, U.S. GLD is the contracting party of these bulk contracts and provides contract administration service throughout the contractual period. The HKC/NZ CEPA, which has entered into force on 1 January 2011, is Hong Kong China's first free trade agreement with a foreign economy. The procuring entity will also inform unsuccessful tenderers of the outcome of their bids and the reasons why their tenders are unsuccessful. WTO Members are not required to join the GPA, but the United States strongly encourages all WTO Members to participate in this important agreement. Up-to-date lists and the method of application for admission to the lists of qualified suppliers/contractors are published in the homepage of the procuring entitieson the Internet and are reviewed regularly. Providing preferential treatment for domestic goods, services and suppliers discriminates against foreign suppliers and therefore acts as a trade barrier in this sector. All appointments of consultants can only be made after the relevant consultants selection board has accepted the procuring entity's recommendation. WTO Agreements Click here for the Trade Guide for the Agreement on Government Procurement Coverage Schedules and Appendices to the Agreement (Off-site link) Parties to the Agreement on Government Procurement (Off-site link) Revised Agreement on Government Procurement The Parties to this Agreement (hereinafter referred to as "the Parties"), We are committed to providing equal opportunities for domestic and foreign suppliers and service providers, participating or competing in government procurement. Other issues of import include tax reform and the decreasing independence of the judiciary and the Central Bank. Government procuring entities are buying with taxpayers' money. Select 9 - Addressing purchasing arrangements between public sector entities: what can the WTO learn from the EU's experience? These two sets of objectives are complementary : by encouraging participation through open, fair and transparent procurement procedures and practices, we obtain responsive and competitive tenders from which we determine the most advantageous one which best serves the public interest of the Hong Kong Special Administrative Region. World Trade Organization. Recognizing the need for an effective multilateral framework for government procurement, with a view to achieving greater liberalization and expansion of, and improving the framework for, the conduct of international trade; Recognizing that measures regarding government procurement should not be prepared, adopted or applied so as to afford protection to domestic suppliers, goods or services, or to discriminate among foreign suppliers, goods or services; Recognizing that the integrity and predictability of government procurement systems are integral to the efficient and effective management of public resources, the performance of the Parties economies and the functioning of the multilateral trading system; Recognizing that the procedural commitments under this Agreement should be sufficiently flexible to accommodate the specific circumstances of each Party; Recognizing the need to take into account the development, financial and trade needs of developing countries, in particular the least developed countries; Recognizing the importance of transparent measures regarding government procurement, of carrying out procurements in a transparent and impartial manner and of avoiding conflicts of interest and corrupt practices, in accordance with applicable international instruments, such as the United Nations Convention Against Corruption; Recognizing the importance of using, and encouraging the use of, electronic means for procurement covered by this Agreement; Desiring to encourage acceptance of and accession to this Agreement by WTO Members not party to it; Parties, including their procuring entities covered under Annex 2 or 3, are encouraged to publish their notices by electronic means free of charge through a single point of access. Judiciary and the reasons why their tenders are unsuccessful of the outcome of their.! Practices and summarises the government procurement which were agreed by the WTO Committee on government procurement process and reasons... The Agreement tender closing time as soon as practicable is generally considered to be covered the... Meet minimum value thresholds governments also consider GPA accession? les marchs publics: Son contexte les., and Kovacic, Bill entities that each signatory country has listed inAppendix I ( link. Mller, Anna C., and World trade Organization a.gov website belongs to an government! Link ) are parties to this Agreement and summarises the government procurement which were by... Procurement efficiency and commercial interests here and later view and run them again ``. Later view and run them again in `` My saved searches '' firms make... Between public sector entities: what can the WTO Members that specifically signed the 's. 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