Thecomplete textof the WTO Government Procurement Agreement is available from the Office of Trade Agreements Negotiations and CompliancesWTO Agreements database. For procurements covered by WTO GPA, at least 40 days should normally be allowed. Mller, Anna Caroline The goods purchased by GLD on behalf of user departments are diverse : they include aircraft for the Government Flying Service, electronic parking devices for the Transport Department, arms and ammunition for the Hong Kong Police Force, chlorine for water treatment plants and gases for medical and industrial purposes, etc. Officials can submit applications until 26 March 2023. WTO GPA applies to the following procuring entities of Hong Kong, China for contracts meeting the values specified , (Special Drawing Rights (SDR) is an international currency unit set up by the International Monetary Fund. For service contracts, milestone payments related to performance targets or services provided is the norm. Then enter the name part Agreement on Government Procurement 2012 and related WTO legal texts. Where standards are referred to, these should, where practicable, be international standards. The Public Finance Ordinance (Chapter Two of the Laws of the Hong Kong Special Administrative Region) provides the statutory framework for the control and management of the public finances of the Hong Kong Special Administrative Region. WASHINGTON, Aug 2 (Reuters) - China's government quietly issued new procurement guidelines in May that require up to 100% local content on hundreds of items including X-ray machines and. All appointments of consultants can only be made after the relevant consultants selection board has accepted the procuring entity's recommendation. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. In drawing up tender specifications for goods or services to be procured, procuring entities are required to ensure that the characteristics laid down for the products or services are based on functional and performance requirements. The output and outcome of any consultancy services procured is dependent on the experience, capability, expertise, and method of approach of the selected consultants. The procuring entities will then submit their tender recommendations to the relevant tender boards or departmental tender committees for approval. 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. A .gov website belongs to an official government organization in the United States. 5 - The benefits for developing countries of accession to the Agreement on Government Procurement: the case of Chinese Taipei, 6 - The coverage negotiations under the Agreement on Government Procurement: context, mandate, process and prospects, 7 - Canada's sub-central government entities and the Agreement on Government Procurement: past and present, 8 - The procurement of state trading enterprises under the WTO Agreements: a proposal for a way forward. It constitutes a significant market and an important aspect of international trade. Aspey, Eleanor Other issues of import include tax reform and the decreasing independence of the judiciary and the Central Bank. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration, Trade Guide: WTO Government Procurement Agreement, Comply with U.S. and Foreign Export Regulations. The signatories have agreed that: If a supplier believes that there has been a breach of this Agreement, he or she is encouraged to engage in consultations with the procuring entity in order to resolve the problem. back to top back to top News The statistics to be provided include statistics on the number and estimated value of contracts awarded. The consultancy services engaged may be in areas, such as finance, management, engineering and architectural support and public relations. Anderson, Robert D. Consulting firms wishing to be considered for registration on these lists may approach the above offices direct. Current thresholds can be found inthe Threshold Table (offsite link)published by the WTO. What is the WTO GPA? A lock ( A locked padlock ) or https:// means youve safely connected to the .gov website. As part of the selection process, the procuring entities may invite consulting firms to make a presentation of their proposals. Email your librarian or administrator to recommend adding this book to your organisation's collection. Limited tendering (i.e. 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. World Trade Reports: World Trade Organization. (2020). Arrowsmith, Sue and Anderson, Robert D. (2011). These procedures are only used in circumstances which do not permit open tendering, for example, on grounds of extreme urgency or security, for protection of patents, copyrights or other exclusive rightsor for reasonssuch as requirements of interchangeability or interoperability with the existing equipment, software, services or installations procured under the initial procurement. 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. Clearly, we have to be accountable to the public for the use of that money. Any big government policy that involves a lot of money up for grabs in the private sector brings out the best, and also the worst in people and businesses. Select 9 - Addressing purchasing arrangements between public sector entities: what can the WTO learn from the EU's experience? WTO and government procurement Government procurement accounts for 10-15 per cent of the GDP of an economy on average. $255.00. On 20 May 1997, Hong Kong acceded to the Agreement on Government Procurement of the World Trade Organization (WTO GPA). 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. These qualities are often more difficult to quantify and specify with a reasonable degree of precision than procurement of goods or other services. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. These include stationery and cleansing materials. What GAO Found. The revised Agreement also includes a significant improvement of the text of the Agreement by modernizing the text to reflect current procurement practices and clarifying its obligations. Organisation for Economic Co-operation and Development (OECD), The role of government procurement in international trade, . Share sensitive information only on official, secure websites. 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. Anderson, Robert D. and Mller, Anna C. (2020). This database is designated based on the Operational Guidelines on Procedures for Government Procurement which were agreed by the relevant ministries and . Usually, the procuring entity will recommend acceptance of a tender which fully complies with the tender terms and conditions and specifications and is the lowest in tendered sum. In the case of extreme urgency, procuring entity will have to seek the prior approval of the Permanent Secretary for Financial Services and the Treasury (Treasury) for reducing the period for receipt of tenders. What is the Government Procurement Policy Framework? It applies to procurements by government bureaux and departments of Hong Kong, China for contracts of a value of not less than . In addition, GLD acts as the procurement agent for specific stores and equipment required by government bureaux/departments and a few non-government organisations. In addition, we are required to provide a mechanism to consider challenges by suppliers against alleged breaches of the WTO GPA by procuring entities in relation to the concerned procurements. Berman, Evan The signatories have agreed that suppliers of goods and services in other signatory countries will be treated no less favorably than domestic suppliers in procurement covered by the Agreement, and that their laws, regulations and procedures relating to government procurement will be transparent and fair. To save content items to your account, * Services other than construction services means those services specified under the heading "Services (other than construction services)" in Part C for Hong Kong, China in Annex 9.1 to Chapter 9 of the HKC/CL FTA. Upon notification of the approval by the approving authority, the procuring entity will inform the successful tenderer in writing of the acceptance of his tender and invite the supplier/contractor to execute a contract with the entity. Consulates and trade commissions in Hong Kong and known suppliers/contractors will also be notified of the invitations for prequalification by letter, where appropriate. Northampton, Massachusetts : Edward Elgar 2006 . Report by the WTO Secretariat: World Trade Organization. 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. An interim reply will be sent to the complainant if a substantive reply cannot be issued within the above timeframe. 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. The WTO Secretariat regularly prepares and contributes to official publications as well as conducts research on issues related to government procurement in general and the Agreement on Government Procurement (GPA) in particular. Find out more about saving to your Kindle. Book summary views reflect the number of visits to the book and chapter landing pages. certain government contracts in the markets of other GPA parties. In considering a tender report, the tender board/departmental tender committee takes into account the procuring entity/tender assessment panel's recommendation and justifications. 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. Procuring entities are required to provide in the tender documents all the necessary information to assist the bidders to prepare their tenders. The Agreement on Government Procurement 2012 (GPA 2012) and various decisions by the Committee on Government Procurement (CGP) 1 set out Parties' notification obligations in detail. comply with the requirements of WTO GPA and related circulars/guidelines (as may be updated from time to time) which can be viewed at . Behind-the-border measures have emerged as an increasingly significant factor in global trade and efforts towards increased economic integration. The government procurement process is governed by the Stores and Procurement Regulations issued by the Financial Secretary under the Public Finance Ordinance. . Official websites use .gov The decision for rejecting a tender in a tender exercise must be made by the relevant tender board/departmental tender committee. Hong Kong and Chile signed the Free Trade Agreement between Hong Kong, China and Chile ("HKC/CL FTA") on 7 September 2012. The Relationship between Services Trade and Government Procurement Commitments: Insights from Relevant WTO Agreements and Recent RTAs, Infrastructure Provision and Africa's Trade and Development Prospects: Potential Role and Relevance of the WTO Agreement on Government Procurement (GPA), Assessing the Value of Future Accessions to the WTO Agreement On Government Procurement (GPA): Some New Data Sources, Provisional Estimates, and an Evaluative Framework for Individual WTO Members Considering Accession. Canada, the U.S. and 46 other countries are Parties to the revised World Trade Organization Agreement on Government Procurement (WTO GPA), which came into force in April 2014 Footnote 3. The GPA's membership is limited to the WTO Members that specifically signed the GPA or that have subsequently acceded to the Agreement. To help address this gap, the OECD has developed a taxonomy of measures affecting government procurement that provides a classification system for different measures, policies, and procedures that can impact cross-border government procurement. The procedures laid down in these Regulations and Circulars/Circular Memoranda are fully consistent with the WTO GPA. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. This Guide provides an overview of the procurement regime of the Government of the Hong Kong Special Administrative Region. The tender board/departmental tender committee may seek clarifications from the procuring entity/tender assessment panel before accepting the tender recommendation. To save content items to your Kindle, first ensure coreplatform@cambridge.org From 1 July 1997 onwards, Hong Kong has continued to be a party in the name of Hong Kong, China. As a last resort, the U.S. Government can invoke the dispute settlement process of the WTO. It applies to procurements by government bureaux and departments of Hong Kong, China for contracts of a value of not less than . Likewise, it allows foreign businesses to bid for contracts tendered by U.S. procuring entities in areas where federal and state governments have agreed to open up their procurement markets. 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. Article 110 states : "The monetary and financial systems of the Hong Kong Special Administrative Region shall be prescribed by law". The revised WTO Agreement on Government Procurement: evolving global footprint, economic impact and policy significance Public Procurement Law Review (71:28). Trade Therapy: Deepening cooperation to strengthen pandemic defenses, Tackling illicit trade in medical products: Better international cooperation for better health, WTO contribution to the 2021 High Level Policy Forum. The WTO Regime on Government Procurement: Challenge and Reform. The WTO and Government Procurement Simon J. Evenett and Bernard Hoeckman (eds). Achieving value for money is a primary aim of most procurement regimes. It was revised and expanded as a WTO Agreement which entered into force on January 1, 1996. The above announcements will be made via press releases on the website of the Information Services Department (http://www.info.gov.hk/gia/general/today.htm). 2017. You can also contact the Designated Monitoring Officer at the following address: Trade Agreements Negotiations and Compliance, International Trade Administration Procuring entities are required to draw up with the approval of the relevant consultants selection board a marking scheme for assessment of consultancy proposals before inviting consultancy proposals from consulting firms. If necessary, the invitations for prequalification will also be published on the Internet, local press and selected overseas journals for the particular trade/product. If you have questions about OECD research and analysis on trade, please feel free to contact us directly. This authority has been delegated to the Director of Government Logistics in respect of tenders awarded by GLD and tenders for supply of stores exceeding $10 million. Chapter 9 of the HKC/CL FTA sets out Hong Kong, China's commitments on government procurement which are generally consistent with those under WTO GPA. Close this message to accept cookies or find out how to manage your cookie settings. * 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. Doha Development Agenda (DDA) Working Group, GATS negotiations on government procurement, Celebrating 25 years of the WTO GPA La rvision de 2012 de lAccord de lOMC sur les marchs publics: Son contexte et les dimensions de son champ dapplication. in the appropriate medium listed in AppendixIII. For electronic tendering, tenderers must ensure that transmission of their tenders to the electronic tendering system is completed before the tender closing date and time specified in the tender notice. If a signatory government believes that its rights under this Agreement are being nullified or impaired by another signatory, it can request the initiation of WTO dispute settlement procedures to resolve the issue. The WTO Agreement on Government Procurement (GPA) is the pre-eminent international instrument regulating the conduct of international trade in government procurement markets. These Regulations are supplemented by Financial Circulars and Financial Services and the Treasury Bureau Circular Memoranda. These barriers are not addressed by the multilateral rules of the WTO as government procurement is explicitly exempted from the main disciplines of both the General Agreement on Tariffs and Trade (GATT see Article III: 8a) and the General Agreement on Trade in Services (GATS see Article XIII:1). Government agencies often need to purchase goods and services with public resources and for public purposes to fulfil their functions. The WTO's work on government procurement aims to promote transparency, integrity and competition in this market. U.S. Department of Commerce It further tests this methodology with data collection in four ASEAN countries (Indonesia, Malaysia, Philippines and Viet Nam). Challenges must be heard by a court or by an impartial independent review body with no interest in the outcome of the procurement. 2015. This article assesses the regulation of government procurement in the WTO, specifically under the WTO Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs in Trade (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Subsidies and Countervailing Measures (ASCM). Find COVID-19 Vaccines Near You: Vaccines.gov (English) Vacunas.gov (Spanish)Text your zip code to 438829 (GETVAX) in English or 822862 (VACUNA) in Spanish. The procuring entity should give a substantive reply within ten working days. These vary depending on the type of procuring entity and contract. 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. Local suppliers are mostly paid by cheques and overseas suppliers by telegraphic transfer, bank draft or letter of credit. provided that the requirements of the tender documentation are not substantially modified; Maintenance of Documentation, Reports and Electronic Traceability. (2005-to date). At the heart of the WTO GPA are legally-binding rules that require signatories to establish open, fair . External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. The Agreement on Government Procurement (GPA) applies to procurement of minimum estimated value equal to or exceeding certain specified financial value thresholds. 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. The World Trade Organization estimates that the value of government procurement opportunities covered by the Agreement is worth several hundred billion dollars annually. Delivery of goods is usually made on a consignment or on an as and when required basis. In supplies contracts, payment is normally made upon acceptance of goods though milestone payments related to performance targets may apply for contracts of high value and complexity. * Specified services mean those services specified in Annex 5 of Appendix I in Hong Kong, China's coverage schedule. The GPA applies to procurement by any contractual means, including purchase, lease or rental with or without an option to buy. Agreement on Government Procurement (as amended on 30 March 2012) The Parties to this Agreement (hereinafter referred to as "the Parties"), 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 . 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. Anderson, Robert D., Pelletier, Philippe, Yukins, Christopher R. (2021). As a party to the WTO GPA, we are required to provide a mechanism to deal with complaints from suppliers/contractors on alleged breaches of WTO GPA. 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. The Parties to this Agreement (hereinafter referred to as the Parties). If such consultations fail to produce a satisfactory result, each signatory government is expected to provide non-discriminatory, timely, transparent and effective procedures which would enable suppliers to challenge alleged breaches of the Agreement. The HKC/CL FTA, which entered into force on 9 October 2014, encompasses trade in goods and services investment and other related areas, including government procurement. 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. Tender invitations are sent by letter to those prequalified suppliers/contractors approved by the Permanent Secretary for Financial Services and the Treasury (Treasury) on the advice of the Central Tender Board. 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. No discrimination. * Services other than construction services means those services specified in Section E for Hong Kong, China in Annex 13-A to Chapter 13 of the HKC/AU FTA. Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. WTO accession and accession to the Agreement on Government Procurement: what is the relationship? Arwel Davies European Journal of International Law, Volume 19, Issue 3, June 2008, Pages 617-620, https://doi.org/10.1093/ejil/chn032 Published: Open, transparent and non-discriminatory procurement is generally considered to be the best tool to achieve this goal as it optimises competition among suppliers. These measures include the policies maintained by states with the effect of giving preference to domestic firms over foreign firms in government procurement contracts (also known as public procurement).The emergence of these policies has caught the attention of trade policy makers and highlighted the gaps in the evidence base needed for policy decisions. Such statistics must be broken down by entity and categories of products and services. * Views captured on Cambridge Core between #date#. Packaging and container components under this acquisition will be the only portion subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements, as addressed by FAR clause 52.225-5. All interested suppliers/contractors are free to submit tenders. The WTO GPA sets out common rules and procedures regarding . The Agreement on Government Procurement (GPA) is a World Trade Organization (WTO) plurilateral agreement that opens government procurement markets between its members.. PART III - Revision of the procedural rules and other transparency provisions of the Agreement on Government Procurement, 10 - The Revised Agreement on Government Procurement: changes to the procedural rules and other transparency provisions, PART IV - Developing countries in the WTO procurement regime, 11 - Special and differential treatment and other special measures for developing countries under the Agreement on Government Procurement: the current text and new provisions, 12 - Building sustainable capacity in public procurement. And Mller, Anna C. ( 2020 ) and categories of products and services economy on average aspey Eleanor... The decreasing independence of the information services Department ( http: //www.info.gov.hk/gia/general/today.htm ) Reports and Traceability! Policies contained therein a reasonable degree of precision than procurement of minimum estimated value equal to or exceeding certain Financial! Goods is usually made on a consignment or on an as and when basis. 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