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). Suppliers may be required to initiate a challenge procedure within a specified period (no less than 10 days) from the time when the basis of the complaint was known. 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. 526. (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. 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 . Following removal of the blockage, the Government will announce the extended tender closing time as soon as practicable. 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. (2020). 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. Delivery of goods is usually made on a consignment or on an as and when required basis. and 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 Hong Kong and Chile signed the Free Trade Agreement between Hong Kong, China and Chile ("HKC/CL FTA") on 7 September 2012. These include: Notification of any changes to procurement laws and regulations; 2 Notification of statistics in relation to procurements covered by the Agreement; 3 Then enter the name part Nicholas, Caroline and Mller, Anna C. (2017). It highlights the principles underlying our procurement practices and summarises the government procurement process and the government bodies involved in procurement. 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). The statistics to be provided include statistics on the number and estimated value of contracts awarded. Locally-established companies will also not be treated less favorably because of foreign affiliation or ownership, or because the goods and services they provide are of foreign origin. 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. 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. To save content items to your Kindle, first ensure coreplatform@cambridge.org Further information on tendering matters including tender notices, forecast of government procurements and tender awards may be obtained from the following homepages of the Government of the Hong Kong Special Administrative Region on the Internet , Suppliers/contractors may approach the following offices for enquiries relating to specific areas of tendering matters , Consulting firms may approach the following offices for enquiries relating to registration on lists of consultants , Agreement on Government Procurement of the World Trade Organization, Hong Kong, China New Zealand Closer Economic Partnership Agreement on Government Procurement, Free Trade Agreement Between Hong Kong, China and Chile, Free Trade Agreement Between Hong Kong, China and Australia, Laws and Regulations Related to Government Procurement, Categories of Government Procurement and Procuring Entities, Annex I to Chapter 12 (Government Procurement) List of Entities and Covered Goods and Services for Hong Kong, Annex II to Chapter 12 (Government Procurement) Thresholds, Annex III to Chapter 12 (Government Procurement) Single Electronic Point of Access, Annex IV to Chapter 12 (Government Procurement) Contact Point, Annex9.1to Chapter 9 (Government Procurement) List of Entities andCovered Goods and Services for Hong Kong, Annex9.2 to Chapter9 (Government Procurement) Thresholds, Annex 13-A to Chapter 13 (Government Procurement) Schedule of Hong Kong, China Thresholds, https://www.wto.org/english/tratop_e/serv_e/cpc_provisional_complete_e.pdf, http://www.info.gov.hk/gia/general/today.htm, all government bureaux and departments and other central government entities, 130,000 SDR for procurement of goods and specified services *, 5,000,000 SDR for construction services; and, non-government public bodies including the Airport Authority, the Hospital Authority, the Housing Authority and Housing Department, the Kowloon-Canton Railway Corporation and the MTR Corporation Limited, 400,000 SDR for procurement of goods and specified services *, 130,000 SDR for procurement of goods and services other than construction services*. When WTO-AGP procedural obligations are applied, the obligations of the CKFTA will also be met. 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. These include . Suppliers/contractors for public works who wish to apply for admission to the approved lists may approach the Development Bureau. Registration Systems and Qualification Procedures. revised agreement on government procurement, Article III Security and General Exceptions, Article VI Information on the Procurement System, Article VIII Conditions for Participation, Article X Technical Specifications and Tender Documentation, Article XV Treatment of Tenders and Awarding of Contracts, Article XVI Transparency of Procurement Information, Article XIX Modifications and Rectifications to Coverage, Article XX Consultations and Dispute Settlement, Revised Agreement on Government Procurement. Usage data cannot currently be displayed. 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. Each member has identified publications in which these opportunities are posted. The assessment panel will evaluate the consulting firms' technical proposals according to the pre-determined selection criteria and marking scheme. While aimed at boosting the domestic economy, in practice, this approach can introduce market distortions that limit choices, increase prices, and undermine economic efficiency. TRADE4MSMES Policy Guides: World Health Organization, World Intellectual Property Organization, and World Trade Organization. Government agencies often need to purchase goods and services with public resources and for public purposes to fulfil their functions. comply with the requirements of WTO GPA and related circulars/guidelines (as may be updated from time to time) which can be viewed at . 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. To encourage them to submit responsive and competitive tenders, we aim to provide all the necessary information in the tender documents. (2019). 4 - India's possible accession to the Agreement on Government Procurement: what are the pros and cons? 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. 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. Anderson, Robert D. and Mller, Anna C. (2020). We ensure that all potential tenderers are given the same information for them to prepare their bids. Academic papers are prepared by the authors in their personal capacities and the views expressed should not be attributed to the WTO or its Secretariat and they are without prejudice to the views of WTO members. Email your librarian or administrator to recommend adding this book to your organisation's collection. We have an obligation and are always prepared to account for our purchasing decisions to the legislature which approves the use of public funds, to the community and also to the prospective suppliers. The WTO's work on government procurement aims to promote transparency, integrity and competition in this market. The To reflect the importance attached to the quality and to allow an unbiased assessment of the qualitative aspects of the proposals, the evaluation of consultancy proposals will involve the technical assessment, followed by the fee assessment. 2017. 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. back to top back to top News Clearly, we have to be accountable to the public for the use of that money. 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 Access all OECD publications on government procurement on the OECD iLibrary. Chapter 12 of the HKC/NZ CEPA sets out Hong Kong, China's commitments on government procurement which are generally consistent with those under WTO GPA. Behind-the-border measures have emerged as an increasingly significant factor in global trade and efforts towards increased economic integration. The 21 Parties to the GPA are: Armenia, Australia, Canada, the European Union (and its 27 Member States -- Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, and Sweden), Hong Kong China, Iceland, Israel, Japan, the Republic of Korea, Liechtenstein, the Republic of Moldova, Montenegro,the Netherlands with respect to Aruba, New Zealand,Norway, Singapore, Switzerland, Taiwan (Chinese Taipei), Ukraine, the United Kingdom, and the United States. 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. GLD is the contracting party of these bulk contracts and provides contract administration service throughout the contractual period. The Government Logistics Department (GLD) is Government's central procurement agent. Challenges must be heard by a court or by an impartial independent review body with no interest in the outcome of the procurement. 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. (2014). Among these three areas, work on the GPA is the most active and has produced substantial trade liberalization. Government procuring entities are buying with taxpayers' money. The WTO and Government Procurement Simon J. Evenett and Bernard Hoeckman (eds). 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. If so, please contact [emailprotected] giving details of the operating system and web browser you are using. * 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. single or restricted tendering) are, in line with WTO GPA, only permissible under specified exceptional circumstances. Current thresholds can be found inthe Threshold Table (offsite link)published by the WTO. For the UK, as a party. The GPA entered into force in 1996. 13 - Untying aid through the Agreement on Government Procurement: a means to encourage developing countries' accession to the Agreement and to improve aid effectiveness? 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