At the heart of the WTO GPA are legally-binding rules that require signatories to establish open, fair and transparent conditions of competition in government procurement processes for certain areas they have agreed are covered. Greed and fear are basic human instincts. 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. No favours. The WTO Agreement on Government Procurement (GPA) was first concluded in 1979 under the General Agreement on Tariffs and Trade (GATT). It applies to procurements by government bureaux and departments of Hong Kong, China for contracts of a value of not less than . For procurements covered by WTO GPA, suppliers/contractors not already on the lists will also be consideredunless under exceptional circumstances. The GPA entered into force in 1996. Cambridge: Cambridge University Press. This site contains PDF documents. . Construction services are procured by works departments, under the overall supervision of the Development Bureau. 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). (these fall under "limited tendering" specified in the WTO GPA)Tender invitations are sent to only one or a number of suppliers/contractors approved by the Permanent Secretary for Financial Services and the Treasury (Treasury) or the Director of Government Logistics. This data will be updated every 24 hours. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. The WTO's work on government procurement aims to promote transparency, integrity and competition in this market. and 40 years since the GATT GPA. Select 4 - India's possible accession to the Agreement on Government Procurement: what are the pros and cons? If necessary, they will be published on the Internet or in the local and/or international press and journals. What GAO Found. It has no expiration date. Consulates and trade commissions in Hong Kong and known suppliers/contractors will also be notified of the invitations for prequalification by letter, where appropriate. 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. The WTO's work on government procurement aims to promote transparency, integrity and competition in this market. We ensure that all potential tenderers are given the same information for them to prepare their bids. For service contracts, milestone payments related to performance targets or services provided is the norm. As part of the selection process, the procuring entities may invite consulting firms to make a presentation of their proposals. The output and outcome of any consultancy services procured is dependent on the experience, capability, expertise, and method of approach of the selected consultants. Report by the WTO Secretariat: World Trade Organization. Current thresholds can be found inthe Threshold Table (offsite link)published by the WTO. 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. Normally, they are required to meet certain qualification criteria or technical assessment for admission to the approved lists. The government's push to require manufacturing and data localization in many sectors and the introduction of a 7.5 percent digital services tax in 2020 have negatively impacted foreign investment into the country. Behind-the-border measures have emerged as an increasingly significant factor in global trade and efforts towards increased economic integration. 1401 Constitution Ave NW Also, we have to prepare an annual statistical report on procurements to the WTO Committee on Government Procurement. The Financial Secretary/Secretary for Financial Services and the Treasury has appointed or authorised designated officers to appoint the following tender boards/committees, each consisting of not less than three persons, to consider and decide on the acceptance of tenders . (2022). Government procurement accounts for 10-15 per cent of the GDP of an economy on average. The U.S. government procurement trade obligations Revised WTO Agreement on Government Procurement. The Agreement on Government Procurement of the World Trade Organization (WTO), commonly known as the GPA, establishes a framework of rights and obligations for government procurement among the WTO members that have signed it. 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. Hong Kong and Chile signed the Free Trade Agreement between Hong Kong, China and Chile ("HKC/CL FTA") on 7 September 2012. But how? estimating the value of a procurement for the purpose of ascertaining whether it is a procurement covered by WTO GPA, departments shall include the . Go Obligations under International Agreements, Additional Information on U.S. Procurement. No discrimination. It further tests this methodology with data collection in four ASEAN countries (Indonesia, Malaysia, Philippines and Viet Nam). You can also contact the Designated Monitoring Officer at the following address: Trade Agreements Negotiations and Compliance, International Trade Administration The procedures laid down in these Regulations and Circulars/Circular Memoranda are fully consistent with the WTO GPA. Where standards are referred to, these should, where practicable, be international standards. 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. in the appropriate medium listed in AppendixIII. (2016) . The Agreement on Government Procurement (GPA) is a World Trade Organization (WTO) plurilateral agreement that opens government procurement markets between its members.. 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. By committing to observe some basic principles, such as transparency and non-discrimination, these regional and multilateral agreements have sought to do away with some of the preferential and discriminatory practices in traditional government procurement activities. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Hong Kong and Australia signed the Free Trade Agreement between Hong Kong, China and Australia ("HKC/AU FTA") on 26 March 2019. For procurements covered by WTO GPA, at least 40 days should normally be allowed. 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. 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. Yes. To save content items to your Kindle, first ensure coreplatform@cambridge.org Anderson, Robert D and Sporysheva, Nadezhda. Among these three areas, work on the GPA is the most active and has produced substantial trade liberalization. Northampton, Massachusetts : Edward Elgar 2006 . It entered into force April 6, 2014, after the threshold of acceptances by two-thirds of the Parties was reached on March 7, 2014. Late and misplaced tenders will be returned to the tenderers. We ensure that procedures and practices for selling to the Government are clear and transparent to facilitate better understanding amongst suppliers and contractors. Offerors are urged to review all documents as they pertain to this program, including the latest It applies to procurements by government bureaux and departments of Hong Kong, China for contracts of a value of not less than . All interested suppliers/contractors are free to submit tenders. 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. Organisation for Economic Co-operation and Development (OECD), The role of government procurement in international trade, The Agreement entered into force on January 1, 1995. 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. Therefore, WTO members have worked on this issue on three fronts, namely via: (i) the plurilateral Agreement on Government Procurement (GPA), (ii) Doha Development Agenda (DDA) Working Group on Transparency in Government Procurement (which is currently inactive). 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 . In parallel, a number of regional trade agreements (RTAs) include commitments on government procurement. At the same time, there are competing policy goals: many governments also make use of government procurement to achieve other domestic policy goals, such as the promotion of specific local industry sectors or social groups. It was revised and expanded as a WTO Agreement which entered into force on January 1, 1996. Government bureaux/departments employ consultants when the expertise and qualified staff required for the assignment is not available in Government or within the time frame required, and the nature and duration of the assignment does not justify the Government recruiting or training staff specifically for the purpose. A .gov website belongs to an official government organization in the United States. The procedural rules for all challenges shall be in writing and made generally available. and The U.S. Government can, if appropriate, raise the particular facts of your situation with the government of the other country involved and ask officials of that government to review the matter. 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. Details of payment terms and methods are stated in the tender documents. Cambridge: Cambridge University Press. Niggli, Nicholas and Osei-Lah, Kodjo. We have therefore established a set of consultants selection procedures. @free.kindle.com emails are free but can only be saved to your device when it is connected to wi-fi. After tender closing, the designated tender opening team will commence the tender opening procedures immediately. Delivery of goods is usually made on a consignment or on an as and when required basis. The publications are listed inAppendix II (offsite link). 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. 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. Clearly, we have to be accountable to the public for the use of that money. Australia's membership of the GPA affords Australian businesses of all sizes reciprocal, legally binding access to the government procurement markets of the . 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. On 6 April 2014, the GPA 2012 came into force and marks a significant milestone of the WTO. Government procurement has been integrated into the GATT/WTO trade regime under a market access agenda pursued by EU and US trade actors, but only after uncertainty had been reduced in technical soft-law trade talks at the OECD. 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. 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